Lewis v. Pulaski Cnty. Sheriff's Office
| Decision Date | 31 March 2022 |
| Docket Number | 4:18-cv-00143-KGB |
| Parties | KELZIE LEWIS PLAINTIFF v. PULASKI COUNTY SHERIFF'S OFFICE, et al. DEFENDANTS |
| Court | U.S. District Court — Eastern District of Arkansas |
Plaintiff Kelzie Lewis brings this lawsuit[1] against Pulaski County Arkansas (“Pulaski County”) and two John Doe defendants[2] pursuant to the Arkansas Civil Rights Act, Ark. Code Ann. § 16-123-101, et seq. (“ACRA”) and 42 U.S.C. § 1983 (Dkt. No. 25). Mr. Lewis alleges that Pulaski County failed to provide him adequate medical care during his incarceration at the Pulaski County Regional Detention Facility (“PCRDF”) in 2014 and 2015. Mr. Lewis also alleges that Pulaski County failed to train properly its employees and that he was subjected to excessive force and unreasonable seizure.
Before the Court is the motion for summary judgment filed by Pulaski County (Dkt. No. 44). Mr. Lewis filed a response in opposition to the motion for summary judgment (Dkt. No. 53) and Pulaski County replied (Dkt. No. 54). For the reasons that follow, the Court grants Pulaski County's motion for summary judgment (Dkt. No. 44).
Unless otherwise noted, the following facts are taken from Pulaski County's statement of undisputed material facts and Mr. Lewis's response to Pulaski County's statement of undisputed material facts (Dkt. Nos. 46, 52).[3]
On July 2, 2013, Mr. Lewis was charged with terroristic threatening in the first degree (Dkt. No. 46, ¶ 1 (citing State of Arkansas v. Kelzie Lewis, 60CR-13-2120 Docket Sheet)).[4] On July 9, 2014, Mr. Lewis was arrested for failure to appear in 60CR-13-2120, and booked into PCRDF (Id., ¶ 2). On December 16, 2014, while still an inmate at the PCRDF, Mr. Lewis pleaded guilty to terroristic threatening and was sentenced to three years imprisonment at the Arkansas Department of Corrections (“ADC”) (Id., ¶ 3). From the day he was booked into PCRDF on July 9, 2014, until his guilty plea on December 16, 2014, Mr. Lewis was a pre-trial detainee (Id., ¶ 4). From December 16, 2014, until he was released to the ADC on February 5, 2015, Mr. Lewis was a post-conviction inmate (Id., ¶ 5).
Pulaski County has policies and guidelines in place to ensure the provision of healthcare services to inmates confined at the PCRDF (Id., ¶ 6). All deputies at the PCRDF receive training including, but not limited to administration of first aid, recognizing the need for emergency care in life threatening situations, recognizing acute manifestations of chronic illnesses, and methods of obtaining medical assistance and referring inmates to health professionals (Id., ¶ 7).
Prior to December 2016, the Pulaski County Sheriff's Department (“PCSO”) contracted with Carl Johnson, M.D., a licensed physician, to serve as the Medical Director at the PCRDF (Id., ¶ 8). To ensure medical autonomy, judgments regarding an inmate's healthcare needs were the sole responsibility of Dr. Johnson (Id., ¶ 9). Decisions and actions regarding the healthcare services provided to inmates were the sole responsibility of qualified healthcare personnel, and under the Sheriff's policies, only qualified healthcare personnel may evaluate and care for patients (Id., ¶¶ 10-11).[5] When an individual is booked into the PCRDF, he or she goes through a receiving medical screening performed by qualified healthcare personnel (Id., ¶ 12). During intake screening a nurse assesses each inmate to determine if they meet special needs criteria (Id., ¶ 13).
On March 26, 2014, prior to his confinement at the PCRDF, Mr. Lewis presented to Baptist Health Medical Center for treatment of shoulder and rib pain resulting from a motorcycle accident two days prior (Id., ¶ 14). Dr. Wendell Pahls ordered x-rays for Mr. Lewis's right shoulder and right chest (Id., ¶ 14). The x-rays indicated no fractures (Id.). The final diagnosis was “congenital deformity of clavicle” and “sprain and strain of unspecified site of shoulder and upper arm” (Id., ¶ 16). Dr. Pahls prescribed an arm sling and Percocet and discharged Mr. Lewis for “home/self care” (Id., ¶ 17).
On July 9, 2014, during his intake screening at the PCRDF, Mr. Lewis reported that he did not have any medical problems or injuries requiring immediate medical attention (Id., ¶ 18). During pill call on July 12, 2014, Mr. Lewis advised a nurse that he was having trouble breathing on one mattress due to pain related to collarbone displacement (Id., ¶ 19).[6] The nurse called Dr. Johnson, who referred Mr. Lewis to University of Arkansas for Medical Sciences (“UAMS”) for treatment for “dislocated shoulder” (Id., ¶¶ 20-21).
On July 12, 2014, Mr. Lewis was transported to UAMS (Id., ¶ 22). The provider at UAMS diagnosed Mr. Lewis with “injury of right clavicle, ” prescribed him tramadol, and instructed him to schedule a follow-up appointment with an orthopedist as soon as possible (Id., ¶ 23). UAMS did not perform any x-rays on Mr. Lewis (Id., ¶ 24). Dr. Johnson approved the tramadol prescription the same day (Id., ¶ 25). PCRDF Progress Notes from July 15, 2014, indicate that Mr. Lewis went to UAMS, the visit revealed “no new problems, ” and that he should return to the clinic in one month (Id., ¶¶ 26-27).
On July 15, 2014, Dr. Johnson prescribed Mr. Lewis Benadryl and Ibuprofen (Id., ¶ 28). On July 16, 2014, Mr. Lewis was allowed an extra mattress (Id., ¶ 29). On July 17, 2014, Dr. Johnson noted to call “ortho” to confirm if an appointment was necessary (Id., ¶ 30). Dr. Johnson also indicated that Mr. Lewis should return to the clinic in two weeks (Id., ¶ 31).
On July 28, 2014, Mr. Lewis filed a sick call and complained of pain despite being seen twice by a doctor (Id., ¶ 32). Mr. Lewis also alleged that mobility in his right arm was restricted, he was out of pain medication, and he needed to see a dentist (Id., ¶ 33).
On July 30, 2014, a nurse noted on the sick call form that Mr. Lewis's collar bone may be broken and directed Mr. Lewis's complaints to a medical doctor for possible referral to an outside orthopedist (Id., ¶ 34). PCRDF received Mr. Lewis's March 2014 medical records from Baptist Health Medical Center the next day (Id., ¶ 35).
On August 15, 2014, Mr. Lewis asked to see a doctor because his pain medication was not working, he was experiencing headaches, and he needed “something” for a cold (Id., ¶ 36). The assessing nurse noted that Mr. Lewis' right clavicle was bulging and referred him to a doctor for further evaluation (Id., ¶ 37).
On August 22, 2014, Mr. Lewis complained of pain in his right collar bone (Id., ¶ 38). A nurse instructed Mr. Lewis to file a sick call form to address the pain in his neck and clavicle (Id., ¶ 39).
On August 25, 2014, Dr. Johnson prescribed Mr. Lewis 600 mg Ibuprofen to be taken three times per day (Id., ¶ 40). PCRDF Progress Notes from August 25, 2014, indicate that Mr. Lewis was evaluated at Baptist Medical Center and his x-rays were “negative - no fracture” (Id., ¶ 41). The PCRDF Progress Notes also indicate that Mr. Lewis has a right clavicle dysfunction that “appears to be chronic and not acute” (Id., ¶ 42). On September 2, 2014, Dr. Johnson wrote Mr. Lewis a 90-day prescription of Robaxin, a muscle relaxant (Id., ¶ 43).
On September 24, 2014, Mr. Lewis filed a sick call and complained his medication was ineffective and he had shoulder and collar bone pain (Id., ¶ 44). The sick call form indicates that the nurse planned to increase Mr. Lewis' Ibuprofen dosage to 800 mg (Id., ¶ 45). On October 1, 2014, Dr. Johnson increased Mr. Lewis' Ibuprofen dosage to 800 mg three times per day for 90 days (Id., ¶ 46).
On December 4, 2014, Mr. Lewis filed another sick call and complained that he was out of medication and that his groin, lower back, and left hip hurt (Id., ¶ 47).[7] On December 9, 2014, Dr. Johnson prescribed Mr. Lewis Gabapentin, renewed his Ibuprofen prescription, and ordered Mr. Lewis to return to the clinic in one week (Id., ¶ 48).
On December 18, 2014, Mr. Lewis filed a sick call and complained of sharp pains in his neck and arm, limited mobility in his arm, and asked to go to the emergency room ((Id., ¶ 49). On December 30, 2014, Dr. Johnson scheduled Mr. Lewis an appointment at the UAMS Orthopedic Clinic (Id., ¶ 50).
On January 13, 2015, Mr. Lewis filed a grievance (Id., ¶ 51). In the grievance, Mr. Lewis stated the following:
I've been to the doctor here more than 5 times, I'm in more pain now, this is getting worser [sic]. My collar bone is sticking out more, my movement in my right arm is limited, I can hardly lift my arm. [T]he doctor told me I would have to wait until I go home or ADC, I think my time is up. I need to have sergery [sic] ASAP . . . I need to know how much longer it would be before I go to ADC because I need my surgery dunn [sic].
(Dkt. No. 46-1, at 57). PCRDF Grievance Officer Nancy Brawley informed Mr. Lewis that he was scheduled for an outside appointment (Dkt. No. 46, ¶ 53).
On January 15, 2015, Mr. Lewis saw Dr. John L. Wilson at the UAMS Orthopedic Clinic and received x-rays of his shoulder (Id., ¶ 54). Dr. Wilson noted a deformity at the distal end of Mr. Lewis' clavicle and an enlarged medial portion of the clavicle indicative of anterior subluxation (Id., ¶ 55). Dr. Wilson's impression was anterior subluxation of medical sternoclavicular joint on the right and intra-articular fracture, AC joint right distal clavicle, with healing and early arthritis (Id., ¶ 56). Dr. Wilson advised Mr. Lewis that surgery was not indicated at the present time and noted that Mr. Lewis' usage of Ibuprofen for pain was appropriate (Id., ¶ 57). Dr. Wilson further advised Mr. Lewis that surgery on the medical aspect of the clavicle is dangerous and would only be undertaken...
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