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Manning v. Nunnery

United States District Court, W.D. Louisiana, Shreveport Division

May 27, 2015

WILBERT CHARLES MANNING,
v.
DEPUTY NUNNERY, ET AL

REPORT AND RECOMMENDATION

MARK L. HORNSBY, Magistrate Judge.

This matter has been referred to the undersigned magistrate judge for review, report and recommendation in accordance with 28 U.S.C. §636(b)(1)(B).

STATEMENT OF CLAIM

Before the court is a civil rights complaint filed in forma pauperis by pro se plaintiff Wilbert Charles Manning ("Plaintiff"), pursuant to 42 U.S.C. § 1983. This complaint was received and filed in this court on September 22, 2012. Plaintiff is incarcerated at the Caddo Correctional Center in Shreveport, Louisiana, and claims his civil rights were violated by prison officials. He names numerous defendants including Deputy Nunnery, A.L. Dinkins, Jr., Rick Farris, Corporal Moore, Corporal Carter, K. McCullin, Deputy Johnson, Unknown Defendants, Deputy Butler, Niki Boyd, Andre, Deputy Dunn, Sgt. Player, Commander Wyche, Sgt. Bedford, Deputy Wright, Mrs. Miller, Mrs. Lori, Dr. Flounoid, Jill Key, Unknown Medical Staff, Mental Health Staff, Tori Griffith, Dr. Kolon, Dr. Dulley, Sgt. Follmtzer, Sgt. Acklon, Unknown Emergency Response Team Members, Captain Leech, Nurse Donna, Nurse Lisa, Unknown Nurse, Nurse Shelia, Nurse Lana, Nurse Sumlin, Curtis Samuel, Deputy Ashcroft, Deputy Grimes, Deputy Price, Deputy Stafford, Deputy Harthorn, Zachary Thomas, E. Ford, Deputy Fair, Captain Douglas, Medical Tech Kendrick, Nurse Larry, Nurse Yolanda, Speed, Shine, Mongomery Robinson, Julius Jackson, Medical Tech Stacy, Deputy Reich, Sarah Piggly, and Sgt. Roeback as defendants.

Plaintiff claims that on August 29, 2012, he and another inmate were involved in a physical altercation. He claims that prior to the physical altercation, he and the inmate were arguing. He claims nothing was done to separate them prior to the physical altercation. He also claims Deputy McCullin failed to break up the fight with pepper spray before the emergency response team arrived.

Plaintiff claims he was taken to the infirmary after the fight and his jaw was x-rayed. He claims he was then transported to LSU Medical Center because his jaw was broken on both sides. He claims the medical staff ordered pain medication and ibuprofen for his jaw.

Plaintiff claims he did not always receive his medication when needed and as a result, he suffered pain for almost the entire month of September 2012. He claims there were times when the deputies turned off his call button after he pressed it. He claims that because of his jaw injury, he could not yell for the deputies. He claims he pressed his call button so the deputies would take him to the infirmary to receive his pain medication. He claims that when the deputies turned off his call button, he suffered until one of them made rounds or performed a tier check.

Plaintiff claims that on September 3, 2012, Deputy Nunnery ordered him to turn his back when he used the bathroom. He claims she then threatened to lock him down. He claims he pressed his call button so he could speak with the male deputy and ask him to call the medical department. He claims Deputy Nunnery turned off his call button. He claims he suffered great pain. The documents provided by Plaintiff show that he went to the infirmary two times on this date [Doc. 10, p. 9].

Plaintiff claims that when he filed a grievance in the administrative remedy procedure regarding his call button, it was rejected.

Plaintiff claims he could not chew solid foods because of his broken jaw. He claims the doctor at LSU Medical Center ordered that he receive a soft diet. He claims the kitchen staff failed to comply with the doctor's order because they did not provide a liquid diet. He claims he was served food that included crackers, meat, bread, oranges, and potato chips.

Plaintiff claims he was housed in the mental health unit under false pretenses. He claims he was held in the mental health unit for an act he committed in February and had already served his 45-day sentence. He claims he was subjected to double jeopardy. He also claims he was not suicidal, homicidal, or crazy.

Plaintiff claims that on November 4, 2012, Defendants accused him of sleeping inside his mattress and trying to harm himself. He claims he was placed in the mental health unit in a rubber foam cell without his mattress, smock, and dentures because he filed actions in this court and exposed the prostitution ring at Caddo Correctional Center. He also claims he was moved to the mental health unit because he is HIV positive. He claims it was cold and he slept on the floor. He claims he did not have running water or a toilet in his cell. He claims that there were times when he was not taken to the bathroom in time. He claims he had to drink water from a sink after another inmate put his mouth on the faucet. He claims he was not allowed to have a cup in his cell. He claims he was only allowed to brush his teeth one time a day. He claims the lights were turned off at random times for no reason. He claims he is the last one to get a haircut and a shave. He also claims he is the last one to have his cell cleaned. He claims the staff has nicknames for him. He claims he was fed cat food and the deputies played with his food.

Plaintiff claims he is always escorted by the emergency response team so that he will not witness the actions of the prostitution ring. He claims the ERT members even stay in the room during most of his sick calls. He also claims there is a secret tunnel system at the prison which hides the activities of the prostitution ring from the security cameras. Plaintiff claims he fears for his safety because he made known to officials the prostitution ring at Caddo Correctional Center.

Plaintiff claims he was released to the prison on the same day as his jaw surgery. He claims he was denied medical treatment and medication after his jaw surgery. However, he admits he received medication in September and October of 2012. He claims he received the pain medication every six hours and the ibuprofen every two to four hours, but sometimes every six hours. He claims his incision was not checked on a regular basis. He admits that in October of 2012, he was examined by a doctor and the nurse removed the staples from his chin.

Plaintiff claims that on October 15, 2012, he was seen in the infirmary by a nurse because of pain in his mouth, shoulder, back, knee, and elbow. He also claims the pain medication prescribed after his surgery needed to be refilled. He claims the nurse ordered ibuprofen for him.

Plaintiff claims that on December 11, 2012, he was seen in the infirmary by a member of the medical staff because of pain in his mouth, shoulder, elbow, knee, and lower back. He claims the nurse reported him to Deputy Moore because he repeatedly made the same complaints. He claims he and Deputy Moore had words and he was escorted from the medical unit. He claims he received no medical treatment.

Plaintiff claims that on March 13, 2013, he was seen by a nurse in the infirmary because of pain in his mouth, shoulder, right elbow, right knee, and lower back. He claims he was not examined. He claims the nurse told him that he would be placed on the doctor's list and that he would speak to Director Wright about his complaints.

Plaintiff claims that on April 25, 2013, he was seen in the infirmary by a member of the medical staff because of pain in his mouth, lower back, shoulder, knee, and elbow. He claims nothing was done for his complaints.

Plaintiff admits that on May 6, 2013, he was examined by a nurse in the infirmary for blood pressure issues. He claims he was not given medication. Plaintiff admits that on May 7, 2013, he was examined by a nurse in the infirmary regarding prescriptions ordered ...


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