United States District Court, S.D. Mississippi, Western Division
HENRY HINTON, JR. PLAINTIFF
JANET MOORE DEFENDANT
REPORT AND RECOMMENDATION
Michael T. Parker United States Magistrate Judge.
MATTER came before the Court for an evidentiary hearing on
January 29, 2018, pursuant to 28 U.S.C. § 636(b)(1)(B)
and Federal Rule of Civil Procedure 72(b). Plaintiff
appeared pro se, and Honorable Wayne Dowdy appeared
on behalf of Defendant Janet Moore. Having heard the
arguments of the parties and considered all the evidence, the
undersigned finds that Plaintiff failed to prove by a
preponderance of the evidence the claim asserted against
Defendant. Accordingly, the undersigned recommends that this
matter be dismissed with prejudice.
lawsuit arises from events which took place while Plaintiff
was incarcerated at the Pike County Jail. According to
Plaintiff, he entered the jail on June 30, 2014, and was
transferred to a Mississippi Department of Corrections
facility on November 24, 2015. Plaintiff asserts a claim for
denial of adequate medical care against Defendant Nurse Janet
Moore. As relief, Plaintiff seeks compensatory damages.
the evidentiary hearing, Plaintiff testified that he does not
have high blood pressure, but has “high blood pressure
tendencies.” According to Plaintiff, his blood pressure
is not high unless he eats a lot of salt. Plaintiff testified
that he informed Nurse Moore that he wanted a low salt diet.
According to Plaintiff, Nurse Moore responded by stating,
“do not tell me what you want; tell me what your
symptoms are, ” and informing Plaintiff that the jail
does not provide a low salt diet.
testified that he began to feel sick, but Nurse Moore did not
provide him help. Plaintiff stated that he wrote letters to a
lieutenant at the jail and the mayor of the city. According
to Plaintiff, he was taken to the Osyka Medical Clinic in
November of 2014, and he informed the nurse practitioner at
the clinic, Kim Snow,  that he needed a low salt diet. Plaintiff
stated that Nurse Snow did not provide him a low salt diet,
but provided him blood pressure medications. Plaintiff
testified that he continued to feel sick, and Nurse Moore
informed him that it would take time for the blood pressure
medication to work.
testified that after he woke up on December 19, 2014, he had
pain in his arm and was unable to move the arm well.
According to Plaintiff, he informed Nurse Moore that he had a
stroke, but she refused to send him to the hospital and
stated, “that will teach you to stay out of
jail.” Plaintiff stated that he continued to
submit sick call requests, and in February of 2015, he was
placed in a “hallway” cell for better
observation. Plaintiff testified, however, that Nurse Moore
only checked his blood pressure once. He also testified that
he washed his food in order to reduce the amount of salt.
example of similar behavior on the part of Nurse Moore,
Plaintiff testified that in June of 2015, he complained of
constipation and requested a high fiber diet, but Nurse Moore
denied his request and instead sent him to Osyka Medical
Clinic, where he was given a prescription for a stool
softener. He also stated that Nurse Moore refused to send him
to a dentist after he lost a tooth and refused to refer him
for surgery for a knot on his side.
Moore also testified during the evidentiary hearing, and her
testimony paints a very different picture. She submitted a
medical record demonstrating that she recommended a “no
added salt” diet for Plaintiff, but he refused to sign
the form. See Defendant's Exhibit 1. Nurse Moore
also testified that the food served at the jail is not high
sodium food. According to Nurse Moore, she checked
Plaintiff's blood pressure multiple times during his
incarceration at the Pike County Jail. She submitted a
medical record indicating that Plaintiff's blood pressure
was checked twenty-seven separate times at the jail.
See Defendant's Exhibit 6(e).
Moore testified that although Plaintiff's blood pressure
was sometimes high, it never reached dangerous levels.
According to Nurse Moore, she referred Plaintiff to the Osyka
Medical Clinic in November of 2014 because he decided that he
wanted medications. See Defendant's Exhibit
9(c). She stated that once medications were prescribed, she
provided them to Plaintiff.
testified that on December 19, 2014, Plaintiff approached her
and said he had a stroke. According to Nurse Moore, she
assessed Plaintiff and, after seeing no symptoms of a stroke,
decided not to send him to the hospital. Nurse Moore stated
that Plaintiff was using his arm, had no facial drooping, had
no speech difficulty, and had no difficulty with walking.
See Defendant's Exhibit 6(c). She also observed
Plaintiff on the jail's cameras and saw that he appeared
to have full use of his arms.
response to this testimony, Plaintiff pointed out that jail
policy requires the following: “In the event of a
medical emergency, or a perceived medical emergency, jail
staff on duty will arrange for medical services without undue
delay.” See Plaintiff's Exhibit A3. Nurse
Moore replied that she did not perceive a medical emergency.
She also stated that nearly all the inmates claim they have a
medical emergency, and that is why she has to assess them to
determine if there is a real emergency.
Moore also testified that after Plaintiff was attacked by
other inmates on July 21, 2015, she assessed his injuries,
provided him ice packs, and sent to an outside medical
provider, Stat Care. According to Nurse Moore, Plaintiff also
received treatment from an ophthalmologist and