Bryant v. Griffin et al

Filing 120

ORDER adopting 115 Recommendation as modified and mostly overrules Butler, Kimble, and Simmons's objections, 119 . 99 Motion for summary judgment granted. 82 Motion for summary judgment granted in part and denied in part. Bryant's cl aims against Griffin, Key, and Sledge are dismissed without prejudice. 119 Objections partly sustained: Bryant's claims against Butler, Simmons, Drummond, Rowland, and Kimble are limited to the time periods and claims covered in his fully exhausted grievances. Signed by Judge D. P. Marshall Jr. on 9/18/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
JEREMIE DALE BRYANT
ADC #127178

v.

PLAINTIFF

No. 2:16-cv-12-DPM-PSH

RORY L. GRIFFIN, Chief Deputy Director
for Medical Services, ADC; AMY ROWLAND,
Health Services Administrator, EARU; BRETT
BUTLER, Provider, EARU; ARIC SIMMONS,
Provider, EARU; PATRICK DRUMMONDS, APN,
EARU; TAMMY LYNN KIMBLE, RN, EARU;
YAVONDA KEY, Director of Nursing, EARU;
and DATRICE SLEDGE, Director of Nursing
EARU
DEFENDANTS
ORDER
On de nova review, the Court adopts the recommendation, NQ 115,
as modified and mostly overrules Butler, Kimble, and Simmons's
objections, NQ 119. FED. R. CIV. P. 72(b)(3). As Magistrate Judge Harris
noted, if Butler or Simmons weren't available providers during the
relevant time period, then they may raise that in a motion on the merits.

NQ 115 at 10, n. 2. And the Court agrees with Magistrate Judge Harris's
careful conclusion that the exhaustion defense was waived as to Butler,
Simmons, Drummond, Kimble, and Rowland when the Department
decided Bryant's procedurally flawed grievances on the merits. Compare

Hammett v. Cofield, 681 F.3d 945, 947-48 (8th Cir. 2012), and Chapman v.

Norris, E.D. Ark. Case No. 5:15-cv-103-DPM-JTK, NQ 54 at 7-9 & NQ 60 at
1-2, with Burns v. Eaton, 752 F.3d 1136, 1141-42 (8th Cir. 2014).
The Defendants complain that adopting the recommendation
means a prisoner will "only have to say he grieves against 'all medical
staff' or 'all security staff' to satisfy the exhaustion requirement as to
anyone." NQ 119 at 4. But that outcome is easily avoidable: the prison
need only follow its own procedural rules and reject flawed grievances
rather than deciding them on the merits.

If faced with a mixed

grievance, which identifies a person and names a group, the prison can
respond in kind, addressing the identifiable person's acts or omissions
while rejecting the grievance as to others.

*

*

*

Griffin's motion for summary judgment, NQ 99, granted. Medical
Defendants' motion for summary judgment, NQ 82, granted in part and
denied in part. Bryant's claims against Griffin, Key, and Sledge are
dismissed without prejudice. Objection, NQ 119 at 5, partly sustained:
Bryant's claims against Butler, Simmons, Drummond, Rowland, and
Kimble are limited to the time periods and claims covered in his fully
exhausted grievances.

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So Ordered.

IB

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