Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Boutte v. Cooley

United States District Court, W.D. Louisiana, Lake Charles Division

June 6, 2017

MELVIN BRADLEY BOUTTE B.O.P. # 13611-035
v.
KEITH COOLEY, ET AL

         SECTION P

          MINALDI, JUDGE

          MEMORANDUM ORDER

          KATHLEEK KAY, UNITED STATES MAGISTRATE JUDGE

         Before the court is the civil rights action filed in forma pauperis by pro se plaintiff Melvin Bradley Boutte (“Boutte”).[1] Boutte is an inmate in the custody of the Federal Bureau of Prisons and is incarcerated at FCI-Forrest City Low in Forrest City, Arkansas. However, he complains of events that occurred while he was incarcerated at FCI-Oakdale (“FCIO”) in Oakdale, Louisiana. As defendants, he names FCIO Warden Becky Clay; FCIO Lieutenants Morgan and DeVille; FCIO officers M. Bergeron, R. Smith, Teddy Desholel, and K. Clostner; Nurse Perkins; and Counselor Odom.

         This matter has been referred to the undersigned for review, report, and recommendation in accordance with the provisions of 28 U.S.C. § 636 and the standing orders of the court.

         I.

         Background

         Boutte states that on November 11, 2014, he was cleaning up in the inner east serving line in food services when one of his coworkers retrieved scalding water from the back cooking area in order to clean the floor. Doc. 1, att. 2, p. 3. Boutte claims that the coworker dumped the hot water under the serving line, which went into his boot and caused burns to his leg and foot. Id. Boutte states that he was “hollering and rushing to take [his] boot and sock off.” Id. He claims that a co-worker brought a bucket of cold water for him to put his foot in and then the coworker told FCIO officer Bergeron about Boutte's injury. Id. Bergeron looked at Boutte's foot and called medical to inform them that Boutte was on his way there. Id. at 3-4. Boutte states that he walked to the nurse's station where he was treated by Nurse Perkins. Id. at 4. He claims that his foot looked worse the next day and that Dr. Galante diagnosed him with second degree burns and prescribed pain medication. Id.

         At the time of the incident, Boutte alleges that defendant Bergeron was in charge of the serving line and defendant Smith was in charge of the back cooking area. Id. at 3. Boutte contends that Bergeron and Lt. Morgan were talking when the accident occurred and that his injuries resulted from the lack of supervision in the kitchen serving area. Id. at 2-4. In his administrative remedy filings he alleged that Smith, Bergeron, and Morgan were inattentive to their jobs, failed to observe safety precautions, and failed to file an incident report and/or report the incident to the safety department. Id. at 26-28, 59-61, 63-64, 70-73. Boutte contends that had Smith, Bergeron, and Morgan been paying attention to their jobs, they would have stopped the other inmate from retrieving the hot water and throwing it on the floor as such actions are in violation of safety protocol. Id. Boutte's claims about the alleged failure to file a report appear to be that had a report been filed, the safety department would have taken pictures of his injuries. E.g., id. at 28. Boutte further states that Morgan is an operations lieutenant and that it was Morgan's job to make sure that Bergeron and Smith supervised the inmate workers to ensure that the inmates followed all safety protocols. Id. at 64. As to Nurse Perkins, Boutte contends that she, too, failed to file an incident report and/or report the incident to the safety department, resulting in the safety department failing to take photographs of his injuries. Id. at 46.

         As relief for the above, Boutte seeks $740, 000.00 for unspecified damages. Doc. 1, p. 4.

         II.

         Applicable Law

         A. Frivolity Review

         Boutte has been granted leave to proceed in forma pauperis under 28 U.S.C. § 1915. This act directs a district court to dismiss an action if the court determines that it is frivolous or malicious or fails to state a claim on which relief may be granted. Bradley v. Puckett, 157 F.3d 1022, 1025 (5th Cir. 1998) (citing 28 U.S.C. § 1915(e)(2)(B)(i) and (ii)).

         A complaint is frivolous if it lacks an arguable basis in law or fact. Gonzalez v. Wyatt, 157 F.3d 1016, 1019 (5th Cir. 1998). A complaint fails to state a claim upon which relief may be granted if it is clear the plaintiff cannot prove any set of facts in support of his claim that would entitle him to relief. Doe v. Dallas Indep. Sch. Dist., 153 F.3d 211, 215 (5th Cir. 1998). When determining whether a complaint is frivolous or fails to state a claim upon which relief may be granted, the court must accept plaintiff's allegations as true. Horton v. Cockrell, 70 F.3d 397, 400 (5th Cir. 1995) (frivolity); Bradley v. Puckett, 157 F.3d at 1025 (failure to state a claim).

         B. 42 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.