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Deal v. Department of Corrections

United States District Court, M.D. Louisiana

December 22, 2017

ALFRED DEAL
v.
DEPARTMENT OF CORRECTIONS ET AL.

          RULING AND ORDER

          BRIAN A. JACKSON, CHIEF JUDGE.

         Before the Court is the Motion for Partial Summary Judgment (Doc. 44) by Major Leonard Williams, and Sergeant Adam Frye, and Captain Alonzo Webb. Plaintiff did not file an opposition. For the reasons that follow, the motion is GRANTED IN PART and DENIED IN PART.

         I. FACTUAL HISTORY

         Because Plaintiff has not opposed Defendants' motion, pursuant to Local Rule 56(b), [1] all material facts set forth in Defendants' statement of uncontested material facts (Doc. 44-2) are deemed admitted. The statement of undisputed facts establish, for purposes of summary judgment, that;

1. Plaintiff, Alfred Deal (DOC #96506), is an inmate sentenced to the custody of the Louisiana Department of Public Safety and Corrections ("D.O.C.");
2. At all relevant times, Plaintiff was confined at Louisiana State Penitentiary ("LSP") in Angola, Louisiana; 3. Plaintiff brings the instant action against defendants under 42 U.S.C. §1983, alleging that the defendants violated his rights under the Fourteenth Amendment;
4. On August 4, 2014, Plaintiff was housed at the Camp J Management Program, at Gar 4 Unit, Right Tier;
5. At approximately 10:00 p.m. to 11:00 p.m. on August 9, 2014, Plaintiff was involved in an altercation with another LSP offender named Brandon Brown, who was on his tier hour;
6. Subsequent to this incident, Plaintiff became involved in a verbal altercation with Defendant Williams, who was on the tier with Defendant Webb;
7. As a result, Defendant Williams administered the chemical agent phantom into Plaintiffs cell;
8. Plaintiff was then transported to the LSP medical facility, where he received a medical examination at approximately 12:16 a.m. on August 10, 2014;
9. During this examination, no complaints were made regarding exposure to cleaning chemicals such as bleach or stripper;
10. This examination revealed some redness to Plaintiffs chest and head area, but no other objective findings;
11. Plaintiff was again seen by LSP medical at approximately 6:36 a.m. after he made a routine sick call request;
12. In this sick call request, Plaintiff made no complaints that he was exposed to cleaning chemicals such as bleach or stripper;
13. During this examination, no redness was noted to Plaintiffs eyes, no redness or blistering was noted to Plaintiffs visible skin, and Plaintiff exhibited no signs of distress;
14. On August 11, 2014, a medical examination again indicated complaints relating to exposure to chemical agents, but no indication that he was exposed to bleach or stripper. Plaintiff did indicate, however, that he swallowed some chemical agent;
15. The August 11 examination indicated redness of the throat, but no other objective findings regarding his throat;
16. Only in his sick call form completed on August 12, 2014, did Plaintiff first mention any complaint of exposure to cleaning chemicals;
17. Between August 9, 2014 and January 1, 2015 alone, Plaintiff was examined at least forty (40) times by LSP medical;
18. The dates of these are examinations are: August 11, 2014; August 12, 2014; August 14, 2014; August 21, 2014; August 26, 2014; August 30, 2014; September 1, 2014; September 4, 2014; September 7, 2014; September 9, 2014; September 20, 2014; September 22, 2014; September 24, 2014; September 27, 2014; September 28, 2014; October 2, 2014; October 4, 2014; October 6, 2014; October 7, 2014; October 9, 2014; October 10, 2014; October 11, 2014; October 14, 2014; October 16, 2014; October 18, 2014; October 21, 2014; October 23, 2014; October 29, 2014; October 30, 2014; November 2, 2014; November 4, 2016; November 6, 2014; November 12, 2014; November 16, 2014; November 20, 2014; November 22, 2014; November 27, 2014; November 30, 2014; December 7, 2014; December 14, 2014; December 17, 2014; December 22, 2014; and December 28, 2014;
19. Other than the redness to Plaintiffs chest and head noted immediately after the incident, and some redness to Plaintiffs throat noted on August 11, 2014, no other ...

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