Scott v. Karas et al

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IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
BRANDON SCOTT 	PLAINTIFF
V. 	CASE NO. 5:23-CV-5188
DR. ROBERT KARAS, Karas Correctional Health;
and EARL HINELY, Registered Nurse,
Karas Correctional Health 	DEFENDANTS
ORDER
Before the Court is the Report and Recommendation (“R&R”) (Doc. 31) filed on
November 18, 2024, by the Honorable Christy Comstock, United States Magistrate Judge
for the Western District of Arkansas. She recommends that Defendants’ Motion for
Summary Judgment Regarding the Issue of Exhaustion (Doc. 20) be denied. On
November 25, 2024, Defendants filed timely Objections (Doc. 32) to certain rulings in the
R&R. This prompted the Court to review the record de novo, paying particular attention
to all proposed findings and recommendations that drew objection.
Plaintiff Brandon Scott claims in his Amended Complaint (Doc. 9) that while he
was housed at the Washington County Detention Center (“WCDC”) on or about May 6,
2020, he was given the drug Ivermectin without his knowledge or consent as part of an
experimental protocol to treat and/or prevent COVID-19. The protocol was allegedly
devised by Defendant Dr. Robert Karas for use throughout the jail population and
administered by Dr. Karas’s employees, including Defendant Earl Hinely, a Registered
Nurse.
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Scott contends that after Hinely gave him Ivermectin without his knowledge, Scott
began experiencing a high temperature, bad headaches, body aches, cotton mouth, cold
sweats, watering eyes, and stomach issues. He states that the stomach issues continue
to this day and have never resolved. Defendants deny the veracity of all of Scott’s claims.
They claim, first, that although Ivermectin was administered in the WCDC in 2020, it was
not administered in May of that year when Scott was incarcerated. Second, Defendants
have attached to their Motion Scott’s medical records, which reflect that he was not given
Ivermectin in May of 2020. Third, Defendants point out that Scott’s claim that his
constitutional rights were violated under 42 U.S.C. § 1983 is time-barred because he filed
it past the three-year statute of limitations. Scott’s justification for tolling the statute is that
Defendants fraudulently concealed the fact that they were administering Ivermectin to him
and other inmates, and Scott only found out the truth in October 2023, when he read an
article describing a settlement between certain former inmates of the WCDC and
Washington County and Karas Correctional Health.
On March 21, 2024, Magistrate Judge Comstock stayed discovery in this case so
Defendants could brief the preliminary issue of whether Scott adequately exhausted his
administrative remedies through the jail grievance process prior to filing suit. But when
Defendants filed their motion, it was not confined to the issue of exhaustion. Instead,
Defendants argued that Scott’s suit should be dismissed on the merits—even before
discovery commenced—and attached various exhibits to the Motion, including the
affidavit of a WCDC nurse and Scott’s medical records and written grievances. The
Magistrate Judge reasoned that Scott’s claims were not barred due to a failure to exhaust
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because he could not have known in 2020 that he was being administered Ivermectin—
so he could not have grieved about the situation at the time. As for Defendants’ merits
arguments, 	the 	Magistrate 	Judge 	declined 	to 	address 	them 	because 	they 	were
premature.
The Court has now reviewed Defendants’ Objections to the R&R and finds that
they go to the merits of Scott’s claims and not to the issue of exhaustion. Defendants’ first
argument is that Scott could not have been given Ivermectin in May 2020 because the
drug was not administered to inmates for COVID-19 treatment or prevention back then.
Second, Defendants claim that Scott only received Vitamin C, Zinc, Vitamin D, Keflex,
and Cephalexin while he was incarcerated in 2020—and point to Scott’s medical records
to prove it. Third, Defendants assert that Nurse Earl Hinely never gave Scott any
medications. Fourth, Defendants note that Scott’s claims about lasting stomach problems
due to Ivermectin are not supported by any proof. And fifth, they say the October 2023
news article that Scott cites in his Complaint is wrong about certain facts (generally, those
that hurt Defendants and should therefore be disregarded) but right as to other facts
(generally, those which help Defendants and should be credited).
After due consideration, Defendants’ Objections (Doc. 32) are OVERRULED. The
Court agrees with the Magistrate Judge that Scott’s claims should not be dismissed due
to failure to exhaust administrative remedies. The Court also agrees that it would be
premature to dismiss this case on the merits before Scott has had the opportunity to take
discovery. See Fed. R. Civ. P. 56(d). The stay is now lifted, and the parties may engage
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in discovery. Defendants may submit a summary judgment motion on the merits no
sooner than 120 days from the date of this Order.
IT IS ORDERED that the R&R (Doc. 31) is ADOPTED IN ITS ENTIRETY.
Defendants’ Motion for Summary Judgment Regarding the Issue of Exhaustion (Doc. 20)
is DENIED.
IT IS FURTHER ORDERED that the stay of discovery (Doc. 16) is lifted. A
scheduling order setting the matter for trial will issue separately.
IT IS SO ORDERED on this 4 th day of March, 2025.
____________________
TIMOTHY L. BROOKS
UNITED STATES DISTRICT JUDGE
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