Simmons v. Nurse Susan
| Decision Date | 24 May 2011 |
| Docket Number | Civil No.: 08-cv-5188 |
| Parties | JOE A. SIMMONS PLAINTIFF v. NURSE SUSAN and DR. HOWARD DEFENDANTS |
| Court | U.S. District Court — Western District of Arkansas |
Joe A. Simmons ("Simmons" or "Plaintiff" herein), currently an inmate in the Wrightsville Unit of the Arkansas Department of Correction in Wrightsville, Arkansas, filed this civil rights action under 42 U.S.C. § 1983. Pursuant to the provisions of 28 U.S.C. § 636, this case is before the undersigned upon consent of the parties. (Doc. 35).
A bench trial was held before the undersigned on November 8, 2010. The undersigned issues the following Memorandum Opinion based upon the evidence presented at that trial.
Plaintiff presents a claim for denial of medical care in this action, naming as defendants Washington County Detention Center ("WCDC") nurse, Susan Johnson, and WCDC doctor, Bill Howard.
At the bench trial, testimony was presented from the following witnesses: (1) Joe A. Simmons, Plaintiff; (2) Nurse Johnson; (3) Corporal Schultz; (4) Dr. Howard; (5) Nurse Rhonda Bradley; and (6) Major Randall Denzer.
In addition to the testimony of witnesses, the following exhibits were also admitted: Plaintiff admitted exhibits numberedone through five into evidence; Defendants admitted exhibits numbered one through seventeen into evidence. The Court marked one exhibit.
Below is a summary of the testimony presented at the trial.
Plaintiff was incarcerated in the WCDC on May 1, 2008. On June 25, 20081 , Plaintiff was taking a shower, but the shower drains were stopped up, causing water to pool up to his ankles. Plaintiff fell in the shower due to the excess water and relied upon another inmate to help him to his feet. Plaintiff attempted to notify an officer by alerting the officer that he was in pain, and the officer told him to fill out a form for medical treatment.
Plaintiff filled out a medical request form on June 26, 2008, Pltf's. Ex. 4, stating he had hurt his back on the previous day during a fall and that his back pain from the fall was increasing. After Plaintiff had filled out the form, Corporal Robert Schultz2 pulled Plaintiff into the hall and asked Plaintiff what had happened. Plaintiff told Schultz about his fall in the shower, and that he was in a great deal of pain.
Plaintiff did not see the nurse or doctor, but he was givenIbuprofen the following day. The grievance (id.), was responded to by Nurse Johnson, who stated there was no report of a fall, and the sergeants should review the tape. The nurse nevertheless prescribed Plaintiff Ibuprofen for fourteen days. (Id.) Plaintiff states he took Ibuprofen twice out of the four times it was offered to him on June 27, 2008. However, on June 28, 2008, Plaintiff did not take it at all. Defs'. Ex. 8. On June 29, 2008, he took it once in the evening, and on June 30, 2009, he refused it at every pill call. (Id.)
Continuing into July, Plaintiff took his medication one time on July 1, 2008; three times on July 2, 2008; twice on July 3, 2008; and once on July 4, 2008. (Id.); Pltf's. Ex. 5.3 Plaintiff did take the medication once each on July 5, 6, 7 and 8, 2008, but he but refused it at every pill call on July 9 and 10, 2008. Defs'. Ex. 8; Pltf's. Ex. 5.
On July 11, 2008, Plaintiff sent in a second medical request, stating the Ibuprofen was not working to relieve his pain. Defs'. Ex. 3; Pltf's. Ex. 4. Again, Plaintiff was not evaluated by themedical staff, but he was switched from Ibuprofen to Aleve.4 On July 11, 2008, Nurse Johnson responded to his grievance, noting the change and also stating he should see the doctor in a week if the pain had not improved. (Id.)
As his pain had not resolved, Plaintiff had his girlfriend call the jail on July 17, 2008. On that same date, Nurse Johnson spoke to Plaintiff and told him not to have relatives call the jail. Plaintiff then told Nurse Johnson of his back pain, and he was placed on the list to see Doctor Howard.
Plaintiff was seen by Doctor Howard on July 22, 2008. Although Plaintiff explained to Doctor Howard that the medication previously prescribed by the nurse - Aleve and Ibuprofen - was not working, Doctor Howard did not examine Plaintiff in any manner, and placed Plaintiff on a higher dose of medication. Plaintiff filed a medical request on the next day, July 23, 2008, stating the higher dosage was not working, and that he was in "a lot of pain." Defs'. Ex. 4; Pltf's. Ex. 4. The medication administration record shows Plaintiff took the medication twice on July 22, 2008, and not at all on July 23, 2008. Defs'. Ex. 8. The response from Nurse Johnson came on July 24, 2008, stating it would "take time" and that Plaintiff should continue on his medications. Defs'. Ex. 4; Pltf's. Ex. 4. While the medication administration record, Defs'. Ex. 8, reflects that Plaintiffrefused medication from July 22, 2008, until August 8, 2008, Plaintiff stated he did not take the medication each time it was offered, but he did continue to take it from time to time during this period.
Plaintiff also requested on July 24, 2008, to receive a copy of all of his medical complaints from June 21, 2008, to the present date. Pltf's. Ex. 4. Plaintiff stated he did not get all the copies returned, but could not remember on what date he submitted requests but did not get copies back. Plaintiff then began requesting two grievance forms at a time. He would place his copy in his personal property to document the request or grievance, in the event it was not returned to him. Plaintiff approximated that seven grievances were not returned to him. Plaintiff could not remember which officer he gave the unanswered grievances to, although at least one of the seven was given to Officer Pinata, who is not a party to this case.
Plaintiff sent a medical request on September 1, 2008, and the response on September 3, 2008, from Nurse Johnson, was that he had no expressions of pain or difficulty walking or moving about. Defs'. Ex. 5; Pltf's. Ex. 4. Plaintiff was prescribed Ibuprofen for fourteen days. (Id.)
Plaintiff testified he also sent medical requests on August 5, September 10, September 25, October 6, October 29, November 9, 2008, all of which went unanswered. Pltf's. Ex. 4. Plaintiff filed a document marked both as a "grievance" and "medical" onNovember 11, 2008, stating he still had pain, and was being denied medical care. (Id.) The response from Nurse Bradley was that Plaintiff fell in June and was refusing medication, also stating that Plaintiff was on the doctor list and that his medical papers would be sent to the Arkansas Department of Corrections ("ADC"). Pltf's. Ex. 4.
According to Plaintiff, he only saw the doctor at the WCDC on July 22, 2008, despite his numerous complaints of pain. Plaintiff quit taking medication in November, signing for it only a few times in the evening from November 18, until December 2, 2008, as the medication was no longer working. Plaintiff also stated he quit taking the medication at times before November, because it gave him a headache.
On January 9, 2009, Plaintiff was transferred to the ADC. His back was examined at the ADC and he was diagnosed with a back strain. The ADC doctors checked his spine, but performed no x-rays and gave him no medication in pill form. Plaintiff testified he was given an ointment, similar to the over-the-counter pain-relieving ointment "Icy Hot," which he was allowed to keep in his cell and use as needed. Plaintiff states his pain resolved mid-January of 2009, although he still suffers a stiff back and some mornings it is difficult to get out of bed.
Corporal Schultz testified that he had no recollection ofPlaintiff or of pulling Plaintiff into the hallway to discuss a slip and fall in 2008. Schultz was working on June 25 and June 26, 2008, and if an inmate told Schultz that the inmate was injured, Schultz would have had the inmate fill out a request, and then would have given the inmate any medication that was allowed by the nurse.
Schultz had no knowledge of a video of the fall existing, although there is a camera which could show if someone in the shower suffered a fall. While Nurse Johnson stated in response to Plaintiff's medical request that the video should be reviewed, she did not perform any follow-up to make certain the review was completed. Major Denzer testified there was a review to see if a copy of any video was made pursuant to a filed incident report, but nothing had been copied, indicating there was no video of the incident.
Nurse Johnson testified that she first found out about Plaintiff's fall in the shower on or about June 26, 2008, when she received a call from Plaintiff's girlfriend on that date. Johnson also stated she received Plaintiff's first written medical request on that date. Johnson went to B-Pod, where Plaintiff was housed, on June 26, 2008, to speak with him about his back, but he would not speak with her and instead demanded to go to the hospital.
Johnson did not tell Plaintiff he should refrain from having his family call the WCDC, but she did tell him that she would need authorization in writing to speak with his family. Plaintiff toldher he would not take the medication she prescribed for him. Johnson testified she did not examine the Plaintiff at that time, because he walked away from her, refusing any treatment beyond going to the hospital. According to Nurse Johnson, Plaintiff was able to walk without limitations; he was not in any obvious pain, and he was stomping, ambulating, turning, and moving with no apparent limitations. The Detention Center Logs, Defs'. Ex. 17, confirm that medical call was held on June 26, 2008, in Plaintiff's pod.
After Johnson was notified of the fall, she checked to see if there was any report made of a fall, and no such report was located. Although Johnson never physically examined Plaintiff, she did observe how he walked to the...
To continue reading
Request your trial