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Date: 08-08-2024
Case Style:
Eddie Humes, Sr. v. Misty Jones, et al.
Case Number: 4:20-cv-00479
Judge: Lee P. Rodofsky
Court: United States District Court for the Eastern District of Arkansas (Pulaski County)
Plaintiff's Attorney:
Defendant's Attorney: Jason E. Owens, et al.
Description:
Little Rock, Arkansas civil rights lawyers represented the Plaintiff who sued in a deliberate indifference theory.
On October 19, 2017, Humes was arrested by police on felony drug charges and booked into the White County Detention Center. On October 20, Humes was bitten on the right hand by a spider. Over the course of three days, Humes repeatedly showed Lieutenant Jones and Deputy Gray his wound and asked them for medical care. Neither Lieutenant Jones nor Deputy Gray took any action to help him, despite telling him that they would. During this time, they saw his hand and arm continue to swell. At some point, Humes's hand and arm had swollen to the size of a small watermelon, and the wound was oozing pus, causing Humes significant pain.
Early on October 25, Humes submitted a written grievance complaining that he had still not received medical care. He stated that he had been bitten by a spider, that his hand and arm were swollen and painful, and that his requests for help had been ignored. Around 8:30 a.m., Humes was transported to the emergency room at the White County Medical Center. At the hospital, x-rays were taken, and he was diagnosed with a staph infection. Humes was given intravenous antibiotics and then released back to the jail with several prescription medications and instructions to return to the hospital if his condition worsened.
The next day, October 26, Humes began to run a high fever and was returned to the White County Medical Center. A CT scan was performed, and Humes was diagnosed with an abscess on his right hand. Humes underwent emergency surgery to treat the abscess on October 27. Later that day, Humes was released from custody on his own recognizance; however, Humes remained in the hospital until October 31.
Humes later filed this civil-rights suit against several defendants, including Lieutenant Jones and Deputy Gray in their official and individual capacities, alleging that they violated his constitutional rights through their deliberate indifference to his serious medical needs. The district court eventually granted summary judgment to all defendants on all claims except for the individual-capacity deliberate-indifference claims against Lieutenant Jones and Deputy Gray, determining that Lieutenant Jones and Deputy Gray were not entitled to qualified immunity at this stage.
Outcome: Motion for summary judgment based on qualified immunity denied.
Affirmed on appeal.
Plaintiff's Experts:
Defendant's Experts:
Comments: