DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
132241P.pdf 03/25/2014 Broderick Fourte v. Faulkner County, Arkansas
U.S. Court of Appeals Case No: 13-2241
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Benton, Author, with Gruender and Kelly, Circuit Judges]
Prisoner case - Prisoner civil rights. In an action where plaintiff
alleged that delay in treatment of his high blood pressure led to his
partial blindness, the defendant doctor and nurse who saw plaintiff at
admission were entitled to qualified immunity on his claim that they
deliberately disregarded his medical needs by failing to conduct a medical
screening at intake as there was insufficient evidence to show that
plaintiff suffered a serious medical condition at that time; the County
was also entitled to qualified immunity on this claim as the doctor and
nurse were the only professionals alleged to have checked plaintiff's
condition; with respect to plaintiff's claim that defendants were
deliberately indifferent when they failed to prescribe medication after he
had several high blood pressure readings, plaintiff's evidence, at most,
showed medical malpractice and did not rise to the level of deliberate
indifference; similarly, a delay in writing a second prescription for
medication was, at most, negligence rather than deliberate indifference;
claims with respect to the County's prescription-delivery system were not
inextricably intertwined with the doctor's and nurse's treatment of
plaintiff and the court lacked jurisdiction over the issue in this
interlocutory appeal of qualified immunity issues.