United States District Court, E.D. Arkansas, Western Division
following Recommended Disposition
(“Recommendation”) has been sent to United States
District Judge Susan Webber Wright. Any party may file
written objections to this Recommendation. Objections must be
specific and include the factual or legal basis for
disagreeing with the Recommendation. An objection to a
factual finding must specifically identify the finding of
fact believed to be wrong and describe the evidence that
supports that belief.
original and one copy of the objections must be received in
the office of the United States District Clerk within
fourteen (14) days of this Recommendation. If no objections
are filed, Judge Wright can adopt this Recommendation without
independently reviewing all of the evidence in the record. By
not objecting, you may also waive any right to appeal
questions of fact.
February 15, 2018, Plaintiff Robert Waddle
(“Waddle”) filed this § 1983 action alleging
that, while incarcerated in the Faulkner County Detention
Center (“FCDC”), Defendant Monty Munyan
(“Nurse Munyan”) failed to provide him with
constitutionally adequate medical care for an injury to his
foot that was caused by him jumping down from his top bunk,
and then delayed his receipt of proper medical care for that
injury. Doc. 1 at 2-3. He also alleges state law
claims against Nurse Munyan for conversion, outrage, and
intentional infliction of emotional distress. Id.
Finally, Waddle alleges a claim against Defendant Faulkner
County for unconstitutional policies and practices governing
how prisoners receive medical care. Id. at 5.
21, 2019, Defendants filed a Motion for Summary Judgment, a
Brief in Support, and a Statement of Undisputed
Facts. Docs. 10-12. Waddle, who is
represented by counsel, failed to file anything in response
to Defendants' Motion for Summary Judgment and the time
for doing so has long ago expired.
reaching the merits of Defendants' Motion for Summary
Judgment, the Court will review the relevant, undisputed
facts giving rise to Waddle's claims.
Wednesday, May 10, 2017, Waddle was arrested on various
criminal charges and booked into the FCDC. Doc. 12-1 at
Sunday, May 14, 2017, Waddle submitted a grievance, stating
“I broke my foot yesterday and today I had a fever of
101 [due] to the [break] it has been over 24 h.”
Doc. 12-1 at 23.
same evening, the jail corporal telephoned Nurse
Munyan and informed him that Waddle was
complaining that he had injured his foot and believed it was
broken. The corporal reported to Nurse Munyan that all of
Waddle's vital signs were normal, except for an elevated
temperature of 101 degrees. Doc. 12-2 at 1.
Nurse Munyan told the corporal to ice Waddle's foot and
provide him with over-the-counter pain medication.
Monday, May 15, 2017, Nurse Munyan examined Waddle's
foot. Doc. 12-2 at 2. He noticed some swelling and
slight discoloration. Id. Nurse Munyan called
FCDC's physician, Dr. Garry Stewart (“Dr.
Stewart”), and reported his findings. Id. He
told Dr. Stewart that Waddle's foot might be
broken and that he was running a mild to moderate fever.
Id. at 1.
During the phone call, Dr. Stewart and Nurse Munyan agreed
that, because there was not excessive swelling or significant
discoloration, Waddle's fever was unrelated to the injury
to his foot. Id. at 2. Importantly, during their
phone call, Dr. Stewart told Nurse Munyan that Waddle did
not need to go to the hospital. Id. Instead,
Dr. Stewart ordered Nurse Munyan to place Waddle on the
“doctor's call list” to be seen on Thursday,
May 18, 2017, which was the day Dr. Stewart made his normal
weekly round at FCMC. Id.
Thursday, May 18, 2017, Dr. Stewart examined Waddle's
foot, concluded it might be broken, and ordered Nurse Munyan
to schedule an x-ray. Id.
Nurse Munyan scheduled an x-ray for the following day at the
Radiology Department of Baptist Medical Center in Conway.
This was the ...