Hanson v. Baxter County Arkansas et al

Filing 61

ORDER granting in part and denying in part 43 Motion for Summary Judgment; granting in part and denying in part 46 Motion for Summary Judgment; adopting 59 Report and Recommendations in toto; as set forth. Further all claims against Patrick Gault, Linda Henry, Jeff Lewis, Sherry Lewis, Sonya Olnay, James Tudor, Heather Easter and Edward Elliott are dismissed. Signed by Honorable Jimm Larry Hendren on September 26, 2011. (lw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HARRISON DIVISION

TAMMY CHRISTINE HANSON

v.

PLAINTIFF

Civil No. 10-3022

BAXTER COUNTY, ARKANSAS;
SHERIFF JOHN MONTGOMERY;
CHIEF DEPUTY JEFF LEWIS;
LIEUTENANT RANDALL WEAVER;
SARGENT EDWARD ELLIOTT;
CORPORAL LINDA HENRY;
DR. JOSEPH TULLIS; DEPUTY WILTON
“CHIP” NORRIS; JAILER HELEN FENWICK;
JAILER TONY BECK; JAILER WILLIAM
ALTRAZAN; JAILER HEATHER EASTER;
JAILER GARNETT McMAHON; JAILER
SHERRY LEWIS; JAILER PATRICK GAULT;
JAILER JAMES TUDOR; JAILER SONYA OLNAY;
and JAILER TONY BECK

DEFENDANTS

ORDER
NOW

on

this

26th

day

of

September

2011,

comes

on

for

consideration the Report and Recommendation (R&R) of the Magistrate
Judge (document #59), filed on September 2, 2011, and the Objections
of Joe Mitchell Tullis, M.D., to the Report and Recommendation of
the Magistrate Judge (document #60), filed on September 16, 2011.
The Court, being well and sufficiently advised, finds and orders as
follows with respect thereto:
1.

The plaintiff filed this civil rights action under the

provisions of 42 U.S.C. § 1981 and 42 U.S.C. § 1983, alleging that
her constitutionally protected rights were violated in the following
ways:
(a) that she was denied adequate medical treatment;

(b) that she was subjected to unconstitutional conditions of
confinement;
(c) that she was not permitted to exercise her Freedom of
Religion; and
(d)

that

Sheriff

Montgomery

failed

to

properly

train

or

supervise the employees of the Baxter County Detention Center.
2.

Motions for summary judgment have been filed by separate

defendant, Dr. Joe Mitchell Tullis (document #43), and on behalf of
all the Baxter County Defendants (document #46).

These motions were

referred to the Magistrate Judge for evaluation and for an R&R.
3.

In his R&R filed September 2, 2011 (document #59), U.S.

Magistrate Judge James R. Marschewski, recommends that the motion
for summary judgment filed by Dr. Tullis (document #43) be granted
in part and denied in part, as follows:
*

that

the

Tullis

motion

be

granted

with

respect

to

the

discrimination and Equal Protection claims; and,
*

that the motion be denied with respect to the medical care

claim.
4.

Judge Marschewski's R&R also recommends that the motion for

summary judgment on behalf of all the Benton County Defendants
(document #46) be granted in part and denied in part as follows:
* that the Benton County motion be granted with respect to the
discrimination, Equal Protection, and Freedom of Religion claims;
and,
* that the motion be denied with respect to the medical care
claim, the unconstitutional conditions of confinement claims, and

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the right to privacy claims.
5.

Finally, the R&R recommends that all claims against the

following defendants be dismissed:
*

Chief Deputy Jeff Louis

*

Sergeant Edward Elliott

*

Corporal Linda Henry

*

Jailer Heather Easter

*

Jailer Sherry Lewis

*

Jailer Patrick Gault

*

Jailer James Tudor, and

*

Jailer Sonya Olnay.

6.

Dr.

Tullis

has

filed

a

timely

objection

to

the

R&R

(document #60) in which he argues that plaintiff’s medical care
claim against him should be dismissed since, considering his limited
responsibilities as medical care coordinator for the Baxter County
Jail,

there

is

no

evidence

that

plaintiff’s serious medical needs.

he

deliberately

disregarded

Dr. Tullis further argues that

plaintiff’s disagreement with his medical judgment does not serve an
adequate legal basis for her claim of a constitutional violation.
7.

After review of the matter, the Court finds that Tullis’

objections offer nothing either in law or fact which would warrant
rejection of the R&R.

Specifically, the Court agrees with the

Magistrate Judge’s view that “[u]nder the circumstances, Hanson’s
claims against Dr. Tullis amount to more than a disagreement with
her course of medical treatment.”

The objections of Dr. Tullis

(document #60) will, therefore, be overruled and the R&R will be

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adopted in toto.
IT IS THEREFORE ORDERED
*

that the objections of Dr. Tullis (document #60) to the

Report And Recommendation of the Magistrate Judge should be, and
they hereby are, overruled; and
*

that the said Report and Recommendation of the Magistrate

Judge should be, and it hereby is, adopted in toto.
IT IS FURTHER ORDERED that the motion for summary judgment
filed by Dr. Tullis (document #43) is granted in part and denied
in part as follows:
* the motion is granted with respect to the discrimination
and Equal Protection claims against Tullis; and,
*

denied with respect to the medical care claim against

Tullis.
IT IS ALSO ORDERED that the motion for summary judgment on
behalf of all the Benton County Defendants (document #46) is
granted in part and denied in part as follows:
* the motion is granted with respect to the discrimination,
Equal Protection, and Freedom of Religion claims; and,
*

denied

with

respect

to

the

medical

care

claim,

the

unconstitutional conditions of confinement claims, and the right
to privacy claims.
IT IS FINALLY ORDERED that all claims against the following
defendants are dismissed:

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*

Chief Deputy Jeff Louis

*

Sergeant Edward Elliott

*

Corporal Linda Henry

*

Jailer Heather Easter

*

Jailer Sherry Lewis

*

Jailer Patrick Gault

*

Jailer James Tudor, and

*

Jailer Sonya Olnay.

IT IS SO ORDERED.
/s/ Jimm Larry Hendren
JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE

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