Robinson v. Munyan

United States District Court for the Eastern District of Arkansas

Robinson v. Munyan

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION WALLACE ROBINSON ADC #169328 PLAINTIFF Vv. No. 4:19-cv-780-DPM MONTE MUNYAN, Nurse, Faulkner County Detention Center DEFENDANT ORDER On de novo review, the Court overrules Robinson’s objections, Doc. 57, FED. R. Civ. P. 72(b)(3), and adopts Magistrate Judge Ray’s recommendation, Doc. 53, as modified. Notwithstanding Nurse Munyan’s role in weekend medications pursuant to jail policy, Robinson has admitted that he never spoke to him. Even if Munyan knew about Robinson's serious medical need, Munyan is entitled to qualified immunity. Fourte v. Faulkner County,

746 F.3d 384, 390

(8th Cir. 2014). Munyan’s treatment decision—to administer ibuprofen instead of Robinson’s prescribed blood pressure medicine — was, at most, negligent, not unconstitutional. Jolly v. Knudsen,

205 F.3d 1094, 1096

(8th Cir. 2000). Robinson’s claim against Munyan fails on the merits and will be dismissed with prejudice. The motion for summary judgment, Doc. 21, is granted. In the alternative, the motion to substitute, Doc. 46, is denied because Robinson hasn’t shown excusable neglect. This route would

result in a without-prejudice dismissal, if the Court is mistaken about the merits. So Ordered.

□□ WBA. D.P. Marshall Jr. United States District Judge _7 felnvany 20227-__

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Reference

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