United States District Court, W.D. Louisiana, Lafayette Division
PATRICK J. HANNA UNITED STATES MAGISTRATE JUDGE
the court is the civil rights complaint (42 U.S.C. §
1983) of pro se plaintiff, William Charles
Frederick, filed in forma pauperis on May 4, 2017.
Frederick is incarcerated at the St. Mary Parish Jail in
Centerville, Louisiana. Plaintiff names St. Mary Parish Law
Enforcement Center, Correct Health, Shela, Warden Robyn
Landry, Nurse Kera, Sharlen Joseph, Sheriff Mark Hebert and
Staff Tulane University Medical as defendants and seeks
declaratory and injunctive relief, as well as compensatory
OF THE CASE
begins his complaint with allegations that on or about
November 11, 2016, while a resident of Tiger A Dorm at the
St. Mary Parish Jail, he had to sleep on the floor due to
overcrowding and his inability to climb to a top bunk, and he
was denied a cot or a second mat.
about the same date, after eating a Honey Bun, plaintiff
began suffering from severe stomach pain and vomiting. A
nurse came within ten minutes of the call from fellow
detainees of, “Man Down!” After taking his blood
pressure and temperature, she determined that he had gas. For
the next two days, he tried a soft diet until he could not
hold down solids and then started a liquid diet. On November
16, 2016, medical started giving him Malox.
November 17, 2016, during a period of time that his sickness
began to “slack off somewhat, ” he remembered an
earlier visit from his attorney, Tracy Schwab, at which time
Mr. Schwab informed him that he had sent him mail related to
his case two days prior. He called his sister that evening
and asked her to let his attorney know that he never received
any mail. Early the next morning, Ms. Sharlen, the
“mail lady, ” delivered mail from his lawyer
which he determined had been opened. He believes that the
call with his sister was being monitored because mail is
usually delivered in the afternoon, never early in the
morning. When questioned by another inmate about the letter
being open, Ms. Sharlen told him that “the letter came
from the courthouse like [he] had received it, and that [his]
attorney, Tracy Schwab, should send it to the jail, and not
to the courthouse.” Minutes later, Lt. Prioux entered
the dorm and when asked why the legal mail was opened, Prioux
answered, “We open up all mail.” On or about
November 29, 2016, plaintiff again began suffering with
severe stomach pains and bouts of vomiting. The nurse was
called, came to the dorm and “checked” him. Two
nights later she ordered a blood test, the results of which
plaintiff has never been told.
third or fourth week of sickness, plaintiff was moved from
general population in Tiger A Dorm (misdemeanor dorm) to Bear
D, the most violent felony dorm in the facility. He believes
that he was placed in harm's way because of his medical
problems and because of the crimes he was alleged to have
committed. He asserts that he was supposed to be in medical
and protective custody and felt he was placed in Bear D in
his weakened state in order to be attacked by DOC inmates.
February 10, 2017, plaintiff began vomiting agin. He filled
out a sick form. On February 12, 2017, he vomited again. He
was “overtaken by extreme stomach pains and explosive
vomiting.” It had been over five days since he had
eaten and had not had a bowel movement in a week.
Comeaux and Sogniet responded to the call for medical
attention and helped him walk to medical, as he was in pain.
He asked to be taken to the hospital, but the nurse on duty
told him that she did not have the authority to do so and he
was sent back to the dorm. Later that night he began vomiting
again and, by midnight, he was so weak that he could not get
off the floor.
February 13, 2017, he submitted a grievance, complaining that
he was not taken to the hospital.
February 15, 2017, he was served chicken for lunch between
2:30-3:00 p.m. He tried to eat, as he had not done so in a
week, but got very sick. Once again, he called for medical
and Lieutenants Comeaux and Sogniet took him via wheelchair
to medical at which time the nurse sent him to the hospital.
Lieutenant Sogniet took him by patrol car to Franklin
Foundation Hospital. He had to walk from the parking lot to
the hospital, approximately 50 yards, because Sogniet could
not leave him alone to go and get a wheelchair.
hospital, the doctor ordered a cat scan and, upon seeing the
results, rushed him to University Medical Center. On February
16, 2017, he was seen by a team of doctors and nurses who
diagnosed him with “pancreatitis, yellow menginus,
dehydration, stopped up gallbladder, and an acute blood
infection.” Plaintiff's urine was black because his
bowels were backed up into his bladder and he was allegedly
told that without treatment, he would have died in two more
days. A stint was placed into his pancreas and gallbladder to
decrease the swelling and drain the bowels.
February 21, 2017, plaintiff alleges that he was given
morphine and insulin against his will. He claims that he only
wanted morphine if he needed it for pain, but felt at that
time that the pain pills were controlling his pain. Moreover,
he did not want to become dependent on insulin shots to
control his sugar. He alleges that the nurse told him that
she was flushing his port with saline, yet she actually
flushed the port with saline, administered morphine through
the IV, then flushed with saline again. When he told her that
he did not want morphine or insulin, she laughed.
February 23, 2017, he was prescribed larger bags of
antibiotics and taken back to St. Mary Parish Law Enforcement
Center. He was placed on a single mat directly on the floor
of a cell in booking. Over the next 8 days, he was
administered 16 bags of antibiotics, one bag twice a day.
March 27, 2017, he was informed by Lt. Clark that he was
having surgery on that day to remove the stints. However,
during surgery at University Medical Center, his gallbladder
was removed. Less than an hour after surgery, he was
transferred back to jail. On the trip back to the hospital,
he alleges that he passed out twice due to pain. He does not
feel that he should have left the hospital so soon after
arriving back at the jail, he was brought to medical and
offered ibuprofen for the pain instead of the pain medication
suggested by the doctors at the hospital. Nurses Kera and
Shela told him that they could not give him the prescription
pain medication. On that same day, he was placed in
segregation. He was provided one 2" thick mat and,
despite his request due to his recent surgery and a previous
broken hip, he was denied a request for a second mat. Three
days later he was given a second mat.
March 29, 2017, plaintiff told Nurse Lawrance that the food
was hurting his stomach so badly that he could not eat. She
told him to stop eating if it caused him pain; he did.
April 4, 2017, plaintiff sneezed and popped an incision on
his stomach. He was taken to medical and spoke with a doctor
via television screen who told him to come back to medical if
it happened again and to remain on a soft diet. Plaintiff
alleges that until that point, he had not been given a soft
diet prescribed by medical. On April 5, 2017, he sneezed
again and was taken to medical. Plaintiff complains that
Nurse Shela was confrontational towards him and that after
telling her why he was there, she answered, “If
it's not busted and bleeding all over, I'm not
worried about it.” She said she would have a talk with
Lt. Comeaux, who brought him to medical, about bringing
people to medical just because they want to go. He asserts
that she did not treat him and sent him back to segregation.
about April 1 or April 2, Nurse Shela told plaintiff that he
needed to get some exercise to prevent blood clots. He did as
instructed. On April 5, he was in pain due to the walking and
stretching. He told Shela that he had overdone it and could
not get up off of the floor to get his medication and she
told the guard, “I'm not messing with him, ”
and left without giving him medication for the pain. It took
him 30 minutes to get to the intercom to call for help. Lt.