Davis v. Standford et al

Filing 101

ORDER granting 82 Motion for Summary Judgment. Davis's claim against Wilkerson will be dismissed with prejudice. An in forma pauperis appeal from this Order and accompanying Judgment will not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 11/18/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
BRENT LAVON DAVIS,
ADC #149851
v.

PLAINTIFF
No. 1:14-cv-46-DPM

MARCUS WILKERSON, Sergeant,
ADC, Scott Grimes Unit

DEFENDANT

ORDER
1. Davis has one claim left: inadequate medical care by Sergeant
Wilkerson, who has moved for summary judgment. The issue is clear. The
Court therefore withdraws the reference to Magistrate Judge Ray and will
decide the motion without a recommendation.
2. On 24 September 2013, Davis was in a segregation cell at the
Arkansas Department of Correction. Around 1:00 p.m., he told Sergeant
Wilkerson that he needed immediate medical attention for chest pains.
Wilkerson didn't relay that information to the medical staff. Around 4:30 p.m,
a nurse came to Davis's cell for rounds. He didn't renew his chest-pains
complaint or show any signs of medical distress. The next day, Davis was
seen twice by nurses on rounds and once by a doctor treating Davis's back
pain. Again, Davis didn't mention chest pains or show any signs of cardiac

distress. These are the record facts, taken in the light most favorable to Davis
where genuinely disputed. Mann v. Yarnell, 497 F.3d 822, 825 (8th Cir. 2007).
3. Davis argues that Wilkerson provided inadequate medical care by
not getting Davis immediate medical attention. To receive a trial on that
claim, Davis must produce verifying medical evidence showing that he was
harmed by the delay. Gibson v. Weber, 433 F.3d 642, 646-47 (8th Cir. 2006);

Crowley v. Hedgepeth, 109 F.3d 500, 502 (8th Cir. 1997). He hasn't. Instead, it
is undisputed that Davis didn't report chest pains or show any signs of
cardiac distress when medical personnel examined him four times within
twenty-four hours after he first reported the chest pains to Wilkerson. Davis's
constitutional claim against Wilkerson therefore fails for lack of evidence.

***
Wilkerson's motion for summary judgment, NQ 82, is granted. Davis's
claim against him will be dismissed with prejudice. An in forma pauperis
appeal from this Order and accompanying Judgment will not be taken in
good faith. 28 U.S.C. § 1915(a)(3).

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So Ordered.

D.P. Marshall Jr.
United States District Judge

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