J. THOMAS RAY, Magistrate Judge.
The following Recommended Disposition ("Recommendation") has been sent to United States District Judge James M. Moody, Jr. 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.
An 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 Moody 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.
On August 3, 2016, Plaintiff Ladeitric Hampton ("Hampton") filed this pro se § 1983 action alleging that, while he was a pretrial detainee in the Sheridan Detention Center ("SDC"), he was denied constitutionally adequate medical care. Doc. 2. Hampton amended his Complaint on August 17, 2016. Doc. 3. On September 26, 2016, at the Court's direction, he filed a Second Amended Complaint. Docs. 5 & 7.
After the initial screening required by 28 U.S.C. § 1915A(a), Hampton was permitted to proceed with his § 1983 claim that Jail Administrator Shane Green ("Green") and Assistant Jail Administrator Melanie Bryant ("Bryant") denied him constitutionally adequate medical care for stomach pains and rectal bleeding.
Green and Bryant have filed a Motion for Summary Judgment, a Brief in Support, and a Statement of Undisputed Facts. Docs. 21-23. Hampton has filed a Response. Doc. 27.
Before addressing the merits of Defendants' Motion, the Court will summarize the relevant undisputed facts giving rise to Hampton's claim.
1. On July 26, 2015 at 5:00 a.m., Hampton, a pretrial detainee,
2. The next morning, July 27, 2015, Hampton woke up and observed blood "everywhere" after he used the bathroom. He complained to a guard named Randy, who responded by calling an ambulance and notifying Bryant. The Bryant declined, pointing out that Hampton already had an appointment at a medical clinic later that same day. Doc. 2 at p. 2; Doc. 27 at p. 3.
3. On the afternoon of July 27, 2015, Hampton was taken to the Winston Clinic for a 3:45 p.m. appointment. Hampton told the medical provider who treated him that he had been experiencing rectal bleeding for two days and that it was getting worse. The medical provider, citing Hampton's "GI bleeding," directed him to go to the hospital emergency room. Doc. 22-2 (Winston Clinic Office Visit Record); Doc. 22-4 at ¶¶12-14 (Affidavit of M. Bryant); Doc. 7 at p. 2.
4. Hampton was taken from the Winston Clinic to the Baptist Health Medical Center — Hot Spring County. He was admitted and released the next day, July 28, 2015. Hampton was diagnosed with colitis, nausea, hematochezia, and lower quadrant abdominal pain. He was provided with medications and directed to follow up with his family practice physician. Doc. 22-2 (Winston Clinic Office Visit Record); Doc. 22-4 at ¶¶14-15 (Affidavit of M. Bryant); Doc. 7 at p. 2.
Green and Bryant argue that they are entitled to summary judgment on the inadequate medical care claim Hampton has asserted against him.
To proceed to trial on his inadequate medical care claims, Hampton must have evidence demonstrating that: (1) he had an objectively serious need for medical care to treat his stomach pain and rectal bleeding; and (2) Green or Bryant subjectively knew of, but deliberately disregarded, that serious medical need by delaying his medical treatment. See Saylor v. Nebraska, 812 F.3d 637, 644 (8th Cir. 2016); Langford v. Norris, 614 F.3d 445, 460 (8th Cir. 2010). Deliberate indifference, which goes well beyond negligence or gross negligence, "requires proof of a reckless disregard of the known risk." Moore v. Duffy, 255 F.3d 543, 545 (8th Cir. 2001). In other words, "there must be actual knowledge of the risk of harm, followed by deliberate inaction amounting to callousness." Bryan v. Endell, 141 F.3d 1290, 1291 (8th Cir. 1998).
Similarly, because Hampton claims that Bryant or Green delayed his medical treatment, he must provide evidence to demonstrate he was harmed by the alleged delay in treatment. Jackson v. Riebold, 815 F.3d 1114, 1120-21 (8th Cir. 2016); Gibson v. Weber, 433 F.3d 642, 646-47 (8th Cir. 2006) (explaining that, to avoid summary judgment on a delay in medical care claim, an inmate must place verifying medical evidence in the record to establish the detrimental effect of the alleged delay in medical treatment); Crowley v. Hedgepeth, 109 F.3d 500, 502 (8th Cir. 1997) (same). In other words, an inmate must show that a defendant ignored a critical or escalating medical situation, or that the delay adversely affected the inmate's prognosis.
Hampton has failed to produce any evidence demonstrating that either Green or Bryant were deliberately indifferent to his need for medical treatment for his complaints of abdominal pain and bloody stools. To the contrary, it is undisputed that: (1) on the morning of July 26, 2015, following Hampton's first complaint of stomach pain and bloody stools, Byrant made an appointment for Hampton to receive medical treatment the following day at the Winston Clinic, and Hampton was given ibuprofen for his pain;
While Hampton makes the conclusory allegation that he wasn't taken to the hospital sooner, he does not contend that the brief delay in being taken to the hospital adversely affected his prognosis. Nor is there any evidence in the record to support such a contention.
Hampton himself describes Bryant's and Green's conduct in terms of negligence. He contends that they "negligently delayed" his request for medical attention on July 26th and 27th by sending him back to his cell and not providing him with immediate medical attention. Doc. 7 at p. 1-2. Claims of negligence fail to satisfy the higher deliberate indifference standard required to find a constitutional violation. See Williams v. Kelso, 201 F.3d 1060, 1065 (8th Cir. 2000) ("At best, plaintiff's proof in this appeal amounts to negligent conduct, not deliberate or willful conduct on [the jailors'] part."); Olson v. Bloomberg, 339 F.3d 730 (8th Cir. 2003) ("deliberate indifference is akin to criminal recklessness, which demands more than negligent misconduct.").
Because Ladeitric Hampton has not produced any evidence of deliberate indifference, Green and Bryant are entitled to summary judgment.
IT IS THEREFORE RECOMMENDED THAT:
Defendant Green's and Bryant's Motion for Summary Judgment (Doc. 21) be GRANTED, and Hampton's inadequate medical care claims against them be DISMISSED, WITH PREJUDICE.