United States District Court, W.D. Arkansas, El Dorado Division
REPORT AND RECOMMENDATION
HON.
BARRY A. BRYANT, UNITED STATES MAGISTRATE JUDGE
This is
a civil rights action filed pro se by Plaintiff,
Wremburen Jones, under 42 U.S.C. § 1983. Before the
Court is a Motion for Summary Judgment filed by Defendants
Dr. Joseph DeLuca, Nurse Sheryl Mendenhall, and Jail
Administrator James Bolton. (ECF No. 17). Plaintiff has filed
a Response. (ECF No. 24). Defendants have filed a Reply. (ECF
No. 27). Pursuant to the provisions of 28 U.S.C. §
636(b)(1) and (3)(2011), the Honorable Susan O. Hickey, Chief
United States District Judge, referred this case to the
undersigned for the purpose of making a Report and
Recommendation.
I.
FACTUAL BACKROUND
Plaintiff
is currently incarcerated in the Garland County Detention
Center in Hot Springs, Arkansas. Plaintiff's claims in
this action arise from alleged incidents that occurred while
he was incarcerated in the Ouachita County Detention Center
(“OCDC”) in Camden, Arkansas in 2016.
Plaintiff
was booked into the custody of the OCDC on April 10, 2016 and
released September 8, 2016. (ECF No. 19-2, p. 2). During this
time Defendant DeLuca was under contract with Ouachita County
to provide medical evaluation and treatment for the
OCDC's detainees. (ECF No. 19-6, p. 1). Defendant Bolton
was the Jail Administrator for the OCDC, (ECF No. 21- 1, p.
1), and Defendant Mendenhall was the staff nurse for the
OCDC. (ECF No. 19-6, p. 1).
On the
same day Plaintiff was booked in to the OCDC, April 10, 2016,
he was medically evaluated by Dr. Carlos Quintero at the
Ouachita County Medical Center. (ECF No. 19-4, pp. 2-5).
Plaintiff was diagnosed with a par lumbar muscle strain,
prescribed the medication Flexeril, [1]and instructed to follow up
with Defendant DeLuca within two to three days for
continuance of care. Id. The following day,
Plaintiff's medications - Flexeril, Omeprazole,
Gabapentin, and Procardia - were approved to be administered
while Plaintiff was in the custody of the OCDC. (ECF No.
19-4, p. 6). The medication bottles (except for Flexeril)
showed Defendant DeLuca as the prescribing physician.
Id.[2]
On
April 14, 2016, Plaintiff submitted an Inmate Medical Request
regarding his back pain. In response to Plaintiff's
request, Defendant Mendenhall informed Plaintiff he was
currently being provided medications to help alleviate his
back pain and Defendant DeLuca had been informed Plaintiff
was in the custody of the OCDC. (ECF No. 19-5, p. 2).
On
April 15, 2016, Plaintiff submitted an Inmate Grievance
stating, “teeth hurting and swollen, need dentist
appointment asap please.” In response Defendant Bolton
informed Plaintiff he would need to submit a medical request
to have his teeth evaluated. (ECF No. 19-3, p. 2).
On
April 18, 2016, Plaintiff requested an appointment with
Defendant DeLuca to discuss his current medications.
Defendant Mendenhall informed Plaintiff she would let
Defendant DeLuca know he wanted to see him. (ECF No. 19-5, p.
2).
On
April 21, 2016, Plaintiff requested a visit with Defendant
DeLuca to discuss his medications. (ECF No. 19-4, p. 13). On
May 5, 2016, Defendant DeLuca noted in Plaintiff's
medical file to “continue current medications as
directed.” Id.
On May
13, 2016, Plaintiff submitted an Inmate Grievance and medical
Request stating, “Medical-ATTENTION-BEING-DENIED.
SPEAK-WITH-SHERIFF-NORWOOD.” In response, Defendant
Bolton informed Plaintiff he was on the list to be evaluated
by the doctor. (ECF No. 19-3, p. 2).
On May
18, 2016, Plaintiff again requested to have his back
evaluated by Defendant DeLuca. Defendant Mendenhall presented
the request to Defendant DeLuca who noted in Plaintiff's
medical file “nothing for back pain.” (ECF No.
19-4, p. 14).
On May
26, 2016, Plaintiff submitted an Inmate Medical Request
stating, “I've been here for almost 2 months n
constant pain daily. I would like too see doctor and stop
getting lied too about being put on wait list.” (ECF
No. 19-5, p. 3). Defendant Mendenhall responded stating,
“Mr. Jones no one is lying to you. You have been on the
list for the Doctor to see. I cannot make him see you. He
decides who he will see during his time here. I will place
you on the list again.” Id.
On May
31, 2016, Plaintiff submitted an Inmate Grievance stating,
“I would like to appeal my last grievance, because
I'm being denied medical attention. Would like for this
issue to be resolved as soon as possible.” (ECF No.
19-3, p. 3). Defendant Bolton responded stating, “You
have been placed on the Dr. list. He chooses who he sees. It
might help if you would send a Medical Request with some
details of your medical problems.” Id.
On June
1, 2016, Plaintiff submitted an Inmate Medical Request
stating, “I am having constant and sever lower back
pain on a daily basis.” (ECF No. 19-5, p. 3). Defendant
Mendenhall responded informing Plaintiff “you are on
the list.” Id.
On June
2, 2016, Plaintiff again requested to see Defendant DeLuca
for back pain. (ECF No. 19-4, p. 15). Defendant Mendenhall
presented the request to Defendant DeLuca. The following day,
Defendant DeLuca noted in Plaintiff's medical file
“nothing for back pain.” Id.
On June
8, 2016, Plaintiff submitted an Inmate Medical Request
stating, “would like to see doctor concerning constant
and severe lower back pain that has been going on for two
months.” (ECF No. 19-5, p. 3). Defendant Mendenhall
responded stating, “I will let him know again.”
Id.
On June
19, 2016, Plaintiff submitted an Inmate Grievance stating,
“would like opportunity to visit dentist immediately,
have toothache; and need tooth pulled. Thank you.” (ECF
No. 19-3, p. 5). Defendant Bolton responded two days later
indicating “appointments are being scheduled.”
Id.
On July
3, 2016, Plaintiff submitted an Inmate Grievance stating,
“I've put in numerous requests; concerning having
extremely and severly lower back pain on a daily basis. Could
you please allow me to see doctor. Thank you very
much.” (ECF No. 19-3, p. 5). Defendant Bolton responded
the following day telling Plaintiff again he was on the
“Dr. list to see.” Id.
On July
23, 2016, Plaintiff submitted an Inmate Medical Request
stating, “would like to visit doctor about these
constant and severe lower back pain that I'm enduring on
a daily basis. It has gotten were im hurting and pain is
shooting all down my legs daily.” (ECF No. 19-5, p. 5).
Defendant Mendenhall responded four days later stating,
“I will place you on the list.” Id.
On July
26, 2016, Plaintiff was evaluated for “my abscessed
molar. Which is my mouth and Face. Cause of my bad teeth
hurting. I was prescribed penicillin. So, that it would get
the swelling out. But I still had not seen a
dentist….penicillin is not for pain. I wasn't
given any pain medication …nor have I seen, the
dentist as promised by Jail Administrator, James
Bolton…” (ECF No. 1, p. 10).
Plaintiff's
medical records indicate Plaintiff was seen on July 28, 2016,
in the OCDC medical clinic for back pain shooting down his
legs. (ECF No. 19-4, p. 7). A physician, presumably Defendant
DeLuca, noted that day under Physician's Findings and
Orders “Nothing else.” Id. However,
Plaintiff specifically disputes he was seen by Defendant
DeLuca on this day. (ECF No. 1, p. 6 and ECF No. 24).
On
August 4, 2016, Plaintiff submitted an Inmate Medical Request
stating, “would like to see doctor concerning these
severe burning and constant pains in my back daily. It has
gotten were severe pains are through my legs as well this has
affected my walking ability.” (ECF No. 19-5, p. 5).
Defendant Mendenhall responded the following day telling
Plaintiff he was on the list to be evaluated by the doctor.
Id. That same day, Plaintiff submitted an Inmate
Grievance stating, “I've been putting in numerous
sick call requests; and grievances concerning my health
issues and all I keep hearing is I'm being out on list to
see doctor. This has been going on for four months.”
(ECF No. 19-3, p. 10). Defendant Bolton responded to
Plaintiff's ...