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Crisp v. Leblanc

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

February 6, 2017

REUBEN MICHAEL CRISP
v.
JAMES LEBLANC, ET AL.

          HICKS JUDGE

          REPORT AND RECOMMENDATION

          Mark L. Hornsby U.S. Magistrate Judge

         In accordance with the standing order of this court, this matter was referred to the undersigned Magistrate Judge for review, report and recommendation.

         STATEMENT OF CLAIM

         Before the court is a civil rights complaint filed in forma pauperis by pro se plaintiff Reuben Michael Crisp (“Plaintiff”), pursuant to 42 U.S.C. § 1983. This complaint was received and filed in this court on June 6, 2016. Plaintiff is incarcerated at the David Wade Correctional Center in Homer, Louisiana, and claims his civil rights were violated by prison officials. He names James LeBlanc, Jerry Goodwin, Pamela Hearn, Bruce Fuller, Michelle Norris, LaVecya Hamilton, and Mrs. Milwee as defendants.

         Plaintiff claims he first saw Dr. Hearn on June 15, 2015, when he arrived at David Wade Correctional Center. He claims he complained of his pain and Dr. Hearn told him that he had to learn to live with his pain. Plaintiff claims he is a diabetic and has neuropathy in both his legs and feet. He claims he has degenerative arthritis in his left hip. He claims he is in constant pain. Plaintiff admits that he has routine appoints with the doctors, but claims the appointments are only for his diabetes. He claims his health care is inadequate because he cannot see the doctor for the daily pain he has in his leg and foot. He claims he has filed numerous sick calls to see Dr. Hearn, but has received no results. He claims Dr. Hearn refuses to acknowledge that he has neuropathy and muscle damage. He claims the medical staff diagnosed his diabetes and high blood pressure, but refuses to acknowledge his other conditions.

         Plaintiff claims Dr. Hearn and Dr. Fuller refuse to run tests on him. He claims Dr. Fuller refuses to give him medication for his muscle pain, but later admits that Dr. Fuller gave him pain medication for his foot. He claims the pain medication did not help his hip or ankle. He claims Dr. Fuller will not give him a muscle relaxer. He claims Dr. Hearn and Michelle Norris told him that he had to learn to live with his pain. He claims his muscle and nerve damage are getting worse. He claims his hands and feet are numb. He claims his left foot also tingles. He claims it his difficult for him to maintain his balance and stand for long periods. He claims his ankle hurts constantly. He claims his leg has muscle contractions. He claims his requests for a muscle relaxer have also been denied by Dr. Hearn. Plaintiff claims Nurse Norris states that there is nothing wrong with him because his vital signs are normal.

         Plaintiff claims he has not seen a doctor outside the prison or a specialist. He claims his requests for x-rays and MRIs have been denied.

         Plaintiff claims Nurse Hamilton wrote him up twice for malingering because he complained pain in his hip and leg after numerous sick calls.

         Accordingly, Plaintiff seeks proper medical treatment, monetary damages and compensation, and the termination of Defendants.

         LAW AND ANALYSIS

         Medical Treatment

         Plaintiff claims he has received inadequate medical treatment. He filed this claim pursuant to 42 U.S.C. § 1983 of the Civil Rights Act which provides redress for persons "deprived of any rights, privileges or immunities" by a person acting under color of state law. The particular right protected under 42 U.S.C. § 1983 in matters which concern alleged denial of or inadequate medical care is the Eighth Amendment prohibition against cruel and unusual punishment.

         The lack of proper inmate medical care rises to the level of a constitutional deprivation under the Eighth Amendment of the United States Constitution only if the evidence shows that the prison officials showed "deliberate indifference to serious medical needs." Estelle v. Gamble, 429 U.S. 97, 106, 97 S.Ct. 285, 292 (1976); See also Farmer v. Brennan, 511 U.S. 825, 835, 114 S.Ct. 1970, 1978 (1994). It is only deliberate indifference, "an unnecessary and wanton infliction of pain" or an act "repugnant to the conscience of mankind, " that constitutes conduct proscribed by the Eighth Amendment. Estelle, 429 U.S. at 105-06, 97 S.Ct. at 292; See also Gregg v. Georgia, 428 U.S. 153, 96 S.Ct. 2909 (1976). Further, the plaintiff must establish that the defendants possessed a culpable state of mind. See Wilson v. Seiter, 501 U.S. 294, 297-302, 111 S.Ct. 2321, 2323-27 (1991); Farmer, 511 U.S. at 838-47, 114 S.Ct. at 1979-84. In addition, ...


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