Opinion
CIVIL ACTION NO. 1:18-CV-624
09-10-2020
WILLIE JAVON THOMAS, Plaintiff, v. SAM ABAYOMI, ET AL, Defendants.
MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Plaintiff Willie Javon Thomas, an inmate confined at the Stiles Unit in Beaumont, Texas, proceeding pro se, brought this lawsuit pursuant to 42 U.S.C. § 1983 against Sam Abayomi and Latroya Bell.
The court referred this matter to the Honorable Keith F. Giblin, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The Magistrate Judge recommends the defendant's motion for summary judgment be granted with respect to plaintiff's claims against her based on her position as a supervisor. However, the Magistrate Judge recommends the defendant's motion be denied with respect to plaintiff's claims of deliberate indifference to his serious medical needs.
The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such referral, along with the record, pleadings and all available evidence. Defendant Bell filed objections to the Magistrate Judge's Report and Recommendation. This requires a de novo review of the objections in relation to the pleadings and the applicable law. See FED. R. CIV. P. 72(b). After careful consideration, the court concludes the defendant's objections are without merit.
The defendant objects that the Magistrate Judge considered plaintiff's untimely response to the motion for summary judgment; however, the court has discretion to consider plaintiff's response. Further, genuine issues of material fact exist preventing summary judgment regarding the defendant's alleged deliberate indifference to plaintiff's serious medical needs. Plaintiff alleges he suffered extreme pain and discomfort from the injury to his head for approximately eight hours before being prescribed acetaminophen which reduced "some of the excruciating pain and inflamation." As there are genuine issues of material fact as to the defendant's knowledge of plaintiff's injuries and awareness of the severity of his injuries, summary judgment is not appropriate.
ORDER
Accordingly, plaintiff's objections are OVERRULED. The findings of fact and conclusions of law of the Magistrate Judge are correct, and the report of the Magistrate Judge is ADOPTED. It is
ORDERED that defendant Bell's motion for summary judgement is GRANTED as to any claim against her in her capacity as a supervisor. It is further
ORDERED that defendant Bell's motion for summary judgment is DENIED as to plaintiff's claim of deliberate indifference to his serious medical needs.
SIGNED at Beaumont, Texas, this 10th day of September, 2020.
/s/_________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE