Opinion

McReynolds v. Glenn

Court
District Court, W.D. Arkansas
Filed
Apr 27, 2018
Cited by
0 cases
Authority
More cited than 17.1%

The opinion

IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF ARKANSAS

TEXARKANA DIVISION

BOBBY FRANKLIN MCREYNOLDS PLAINTIFF

v. Civil No. 4:16-cv-04122

PRESTON GLENN, Jail Administrator,

Nevada County Jail; DR. ELKINS,

Nevada County Jail; and SHERIFF

DANNY MARTIN, Nevada County Jail DEFENDANTS

MEMORANDUM OPINION

This is a civil rights action filed pro se by Plaintiff, Bobby Franklin McReynolds, under 42

U.S.C. § 1983. Currently before the Court are Plaintiff’s Motion for Summary Judgment (ECF

No. 80) and Defendants Preston Glenn, Dr. Darrell Elkin1 and Danny Martin’s Motion for

Summary Judgment. (ECF No. 97). Defendants filed a Response to Plaintiff’s motion on

November 20. 2017. (ECF No. 88). Plaintiff filed a Response to Defendants’ motion on April 11,

2018. (ECF No. 102). The Court finds this matter ripe for consideration.

I. BACKGROUND

Plaintiff is currently incarcerated in the Arkansas Department of Correction (“ADC”) –

Randall L. Williams Correctional Facility, in Pine Bluff, Arkansas. This case arises from incidents

which occurred while Plaintiff was being held at the Nevada County Jail (“NCJ”) in Prescott,

Arkansas.

Viewed in the light most favorable to Plaintiff, the relevant facts are as follows. Plaintiff

was booked into the NCJ on November 23, 2016, where he remained until he was released to the

ADC on December 8, 2016. (ECF No. 80, p. 7). During this time, Defendant Glenn was the Jail

1 Defendant Elkin is incorrectly referred to as Dr. Elkins in the case caption.

Administrator for the NCJ. Defendant Elkin was the medical doctor for the NCJ. Defendant

Martin was the Sheriff of Nevada County.

On November 30, 2016, Plaintiff slipped and fell while exiting the shower at the NCJ

injuring his head, knee, shoulder and back. Plaintiff was immediately transported by ambulance

to Wadley Regional Medical Center in Hope, Arkansas. (ECF No. 98, p. 2). Plaintiff was

examined by a physician and discharged from the hospital later that day with a prescription for a

pain reliever and instructions to continue his regularly scheduled medical care. (ECF No. 99-2).

No x-rays were taken of Plaintiff’s injuries, and he was not given any medical restrictions from

the physician at the hospital. When Plaintiff returned to the NCJ he was assigned to a top bunk

on the second floor of B Pod. Plaintiff asked Defendant Glenn to move him to a bottom bunk but

was told there were no other bunks available. For approximately eight days Plaintiff was required

to go up and down stairs, and climb up to and down from his top bunk. Plaintiff also asked for a

“second [medical] opinion” and was seen by Defendant Elkin five days after his request. (ECF

No. 80, p. 3).

Plaintiff filed his initial Complaint in the Eastern District of Arkansas on December 8,

2016. (ECF No. 2). The case was then transferred to the Western District of Arkansas on December

21, 2016. (ECF No. 5). On February 10, 2017, Plaintiff filed an Amended Complaint. 2 (ECF

No. 21). Plaintiff alleges that Defendant Glenn “would not help me, get any relieve when I go

back to the jail, he keeped me upstairs (B) Pod top Rack. He would not help me at the time I got

back from Whattley Medical Center…I’m suing him for…dellberate indifference.” Id at p. 2.

Plaintiff claims that Defendant Martin, as sheriff, “knows what goes on at his jail at all times.

2 Plaintiff also named Dr. Christopler Wattingny and Wadley Regional Medical Center as defendants in the

Amended Complaint. On June 21, 2017, the Court dismissed Plaintiff’s claim against the hospital. (ECF No. 70).

On October 19, 2017, the Court dismissed Plaintiff’s claim against Dr. Wattingny. (ECF No. 78).

Sueing him also for…dellberate indifference.” Id. With respect to Defendant Elkin, Plaintiff

alleges he “seen me 3 to 4 days later, said he would get permission from (ADC) but he did not and

I stayed hurting and criple within much pain.” Id. Plaintiff seeks compensatory damages. He is

suing Defendants in both their individual and official capacities.

Plaintiff filed his Motion for Summary Judgment on October 27, 2017. (ECF No. 80).

However, he did not submit a separate statement of undisputed facts with the motion. Instead,

Plaintiff submitted discovery answers he received from Defendants. Plaintiff argues he is entitled

to summary judgment because Defendants were deliberately indifferent to his medical needs.

Defendants filed their Motion for Summary Judgment on March 28, 2018, arguing that they are

entitled to summary judgment because the facts, taken in the light most favorable to Plaintiff, do

not rise to the level of a constitutional violation and because Defendants are entitled to qualified

immunity. (ECF No. 97).

Plaintiff filed his Response to Defendants’ motion on April 11, 2018. He does not dispute

that he was sent back to the NCJ without medical restrictions.3 However, as evidence that he was

injured, Plaintiff submits medical records from treatment he received at the ADC after leaving the

NCJ. An ADC Condensed Health Services Encounter dated January 5, 2017 reveals that an x-ray

was done on Plaintiff’s left knee, left hand, and right shoulder on or about December 30, 2017.

The notes from Elliot Wagner, M.D. from January 2, 2017, state in part:

KNEE EXAM 3V AP LAT OBLIQUE, LEFT

Results: There is a fracture involving left proximal fibula with minimal

displacement. The joint shows no dislocation. There is associated joint effusion.

Conclusion: Old healing left knee fracture as described above.

3 It is clear from the pleadings that Plaintiff was not satisfied with the treatment he received from Dr. Wattingny at

Wadley Medical Center and disagreed with his medical conclusions.

(ECF No. 102, p. 5). Dr. Wagner also notes that there were no fractures to Plaintiff’s fingers, left

hand, or right shoulder. Id.

II. LEGAL STANDARD

Summary judgment is appropriate if, after viewing the facts and all reasonable inferences

in the light most favorable to the nonmoving party, Matsushita Elec. Indus. Co. v. Zenith Radio

Corp., 475 U.S. 574, 587 (1986), the record “shows that there is no genuine dispute as to any

material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a).

“Once a party moving for summary judgment has made a sufficient showing, the burden rests with

the non-moving party to set forth specific facts, by affidavit or other evidence, showing that a

genuine issue of material fact exists.” Nat’l Bank of Commerce v. Dow Chem. Co., 165 F.3d 602,

607 (8th Cir. 1999).

The non-moving party “must do more than simply show that there is some metaphysical

doubt as to the material facts.” Matsushita, 475 U.S. at 586. “They must show there is sufficient

evidence to support a jury verdict in their favor.” Nat’l Bank, 165 F.3d at 607 (citing Anderson v.

Liberty Lobby, Inc., 477 U.S. 242, 249 (1986)). “A case founded on speculation or suspicion is

insufficient to survive a motion for summary judgment.” Id. (citing Metge v. Baehler, 762 F.2d

621, 625 (8th Cir. 1985)). “When opposing parties tell two different stories, one of which is

blatantly contradicted by the record, so that no reasonable jury could believe it, a court should not

adopt that version of the facts for purposes of ruling on a motion for summary judgment.” Scott

v. Harris, 550 U.S. 372, 380 (2007).

III. DISCUSSION

A. Inadequate Medical Care

Plaintiff alleges Defendants Glenn, Elkin and Martin were deliberately indifferent to his

serious medical needs after he returned to the NCJ from the hospital on November 30, 2016. The

Eighth Amendment prohibition of cruel and unusual punishment prohibits deliberate indifference

to the serious medical needs of prisoners. Luckert v. Dodge County, 684 F.3d 808, 817 (8th Cir.

2012).

The deliberate indifference standard includes “both an objective and a subjective

component: ‘The [Plaintiff] must demonstrate (1) that [he] suffered [from] objectively serious

medical needs and (2) that the prison officials actually knew of but deliberately disregarded those

needs.’” Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir. 2000) (quoting Dulany v. Carnahan, 132

F.3d 1234, 1239 (8th Cir. 1997)). In order to show he suffered from an objectively serious medical

need, Plaintiff must show he “has been diagnosed by a physician as requiring treatment” or has an

injury “that is so obvious that even a layperson would easily recognize the necessity for a doctor’s

attention.” Schaub v. VonWald, 638 F.3d 905, 914 (8th Cir. 2011) (internal quotations and

citations omitted). In order for Plaintiff to establish the subjective prong of deliberate indifference,

“the prisoner must show more than negligence, more even than gross negligence, and mere

disagreement with treatment decisions does not give rise to the level of a constitutional violation.

Deliberate indifference is akin to criminal recklessness, which demands more than negligent

misconduct.” Popoalii v. Correctional Med. Servs, 512 F.3d 488, 499 (8th Cir. 2008) (internal

quotation marks and citations omitted).

There is no question that Plaintiff has established that he suffered from a serious medical

condition requiring treatment by a physician at a local hospital on November 30, 2016. However,

Plaintiff has presented no evidence to show that any Defendant knew of and disregarded his

medical needs. Rather, the summary judgment evidence shows Plaintiff was taken to the hospital

immediately after falling. Plaintiff was placed in the upper tier of the NCJ and assigned to a top

bunk for a total of eight days before he was transferred to the ADC. It was only after he left the

NCJ that Plaintiff received an x-ray on or about December 30, 2016, which revealed he had “old

healing” from a left knee fracture. Even if the Court assumes that Plaintiff fractured his knee when

he fell at the NCJ, there is no way that Defendants could have known this information between

November 30, 2016 and December 8, 2016.

Although Plaintiff communicated to Defendants Glenn and Elkin that he was in pain and

did not want to be assigned to a top bunk or placed in a cell on the top floor, the record demonstrates

that Plaintiff was not given any instructions from the hospital requiring such restrictions. It is not

an Eighth Amendment violation when Defendants, in exercising their professional judgment,

refuse to implement an inmate’s requested course of treatment. Vaughn v. Gray, 557 F.3d 904,

908-09 (8th Cir. 2009). Likewise, Defendant Elkin’s failure to order x-rays does not establish a

constitutional violation. Mere disagreement with treatment decisions does not rise to the level of

a constitutional violation. See Phillips v. Jasper Cnty. Jail, 437 F.3d 791 (8th Cir. 2006) (quoting

Estate of Rosenberg v. Crandell, 56 F.3d 35, 37 (8th Cir. 1995)). Finally, Plaintiff’s claim that, as

sheriff, Defendant Martin knew what was going on in the jail does not subject him to liability

under § 1983. Despite a government official’s title, he is only liable for his own misconduct.

Ashcroft v. Iqbal, 556 U.S. 662 (2009).

The Court finds there is no evidence to support Plaintiff’s individual capacity claim that

Defendants were deliberately indifferent to his medical needs. Because Plaintiff has failed to

establish a violation of a constitutional right, it is not necessary for the Court to address the issue

of qualified immunity.

B. Official Capacity Claims

Plaintiff also sues Defendants in their official capacities. Official capacity claims are

“functionally equivalent to a suit against the employing governmental entity.” Veatch v. Bartels

Lutheran Home, 627 F.3d 1254, 1257 (8th Cir. 2010). In other words, Plaintiff’s official capacity

claims against Defendants are treated as claims against Nevada County. See Murray v. Lene, 595

F.3d 868, 873 (8th Cir. 2010). “[I]t is well established that a municipality [or county] cannot be

held liable on a respondeat superior theory, that is, solely because it employs a tortfeasor.”

Atkinson v. City of Mountain View, Mo., 709 F.3d 1201, 1214 (8th Cir. 2013). To establish liability

on the part of Defendants under section 1983, “plaintiff must show that a constitutional violation

was committed pursuant to an official custom, policy, or practice of the governmental entity.”

Moyle v. Anderson, 571 F.3d 814, 817 (8th Cir. 2009) (citation omitted). Here, Plaintiff has not

alleged that any policy, practice, or custom of Nevada County contributed in any way to the alleged

violation of Plaintiff’s constitutional rights. Accordingly, Plaintiff’s official capacity claims

against all Defendants fail as a matter of law. Id.

CONCLUSION

For the reasons stated above, Plaintiff’s Motion for Summary Judgment (ECF No. 80) is

DENIED and Defendants’ Motion for Summary Judgment (ECF No. 97) is GRANTED.

Plaintiff’s claims are DISMISSED WITH PREJUDICE. A judgment of even date shall issue.

IT IS SO ORDERED, this 27th day of April, 2017.

/s/ Susan O. Hickey

Susan O. Hickey

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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