McCutcheon v. Parker
3:23-cv-03041
W.D. Ark.Mar 11, 2025Background
- Plaintiff Gene Edward McCutcheon sued jail officials under 42 U.S.C. § 1983 for events during his incarceration at Searcy County Detention Center (SCDC) from March 2023 to March 2024.
- McCutcheon alleges deliberate indifference to his serious medical needs, including the denial of heart medication, restricted access to a heart monitoring device, missed a cardiologist appointment, and failure to treat a worsening hernia.
- The magistrate judge recommended some claims proceed to trial—specifically, the heart medication claim against Henry and Martinez, all claims against Parker, and the official capacity claim against Searcy County—while dismissing others on qualified immunity grounds.
- Defendants moved for summary judgment, raising various objections including alleged lack of physical injury, lack of evidence of deliberate indifference, entitlement to qualified immunity, and sufficiency of official capacity claim.
- The District Court conducted de novo review of the record, overruled all objections, and largely adopted the magistrate’s recommendations.
- Remaining claims are set for trial; a case management order will follow.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Physical injury requirement under PLRA | Suffered serious pain and worsened hernia (not de minimis) | Injuries were only de minimis, not actionable | Dispute exists; not dismissed |
| Deliberate indifference in administering medication | Denied life-sustaining medication, leading to pain/risks | Medication was provided; no indifference | Dispute exists; not dismissed |
| Qualified immunity on remaining claims | Rights clearly established, facts support indifference | Records show no indifference; immunity applies | Dispute exists, except for some claims |
| Official capacity/municipal liability | Systematic failures caused violations of rights | Polices adequate, some care provided | Fact question remains; not dismissed |
Key Cases Cited
- Phillips v. Jasper Cnty. Jail, 437 F.3d 791 (8th Cir. 2006) (knowingly failing to administer prescribed medicine can be deliberate indifference)
- Johnson-El v. Schoemehl, 878 F.2d 1043 (8th Cir. 1989) (delays in medical treatment for serious conditions can violate inmate rights)
- West v. Atkins, 487 U.S. 42 (U.S. 1988) (contracting out prison medical care does not relieve government of constitutional duty)
- Long v. Cty. of Los Angeles, 442 F.3d 1178 (9th Cir. 2006) (failure to implement adequate medical policies can establish liability)