Johnson v. Correct Care Solutions LLC et al

Filing 43

ORDER Adopting 40 Partial Report and Recommendations. Defendants' 26 Motion for Partial Summary Judgment is partly granted and partly denied. Johnson may proceed with his claims against Clowers and Gray for not providing the correct glaucoma medication from 7/27/2014 to 9/2/2015. Signed by Judge D. P. Marshall Jr. on 4/2/2018. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ALBERT LEE JOHNSON
ADC #86314

v.

PLAINTIFF

No. 5:17-cv-195-DPM-JJV

W ANNETT A CLOWERS, APN;
AMANDA GRAY, Nurse; RONALD
STUKEY, Doctor; and PAMELA
ARMOSTER, Nurse, all in their
individual and official capacities

DEFENDANTS

ORDER

On de nova review, the court adopts the partial recommendation.
FED.

R. CIV. P. 72(b)(3).

Clowers and Gray argue that the ADC

followed its own policy because Deputy Director Griffin rejected
Johnson's appeal for raising new issues. But it was the ADC' s unit
level response - not Johnson's appeal- that first added specific dates.
NQ 28-1 at 23-24.

It strains fairness to say that the ADC properly

followed its own policy when its personnel investigated and referenced
specific dates in Step Two but then rejected an appeal at Step Three for
relying on those dates.

The Court therefore overrules Clowers and

Gray's objections. NQ 38 & NQ 41. Their motion for partial summary
judgment, NQ 26, is partly granted and partly denied. Johnson may
proceed with his claims against Clowers and Gray for not providing
the correct glaucoma medication from 27 July 2014 to 2 September 2015.

So Ordered.
f

D.P. Marshall Jr.
United States District Judge

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