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Autin v. Cooley

United States District Court, W.D. Louisiana

December 28, 2017

TROY ADAM AUTIN DOC # 452745
v.
TERRY COOLEY, ET AL. v.

         SECTION P

          HICKS, CHIEF JUDGE.

          MEMORANDUM ORDER

          KATHLEEN KAY, UNITED STATES MAGISTRATE JUDGE.

         Before the court is a civil rights complaint [doc. 1] filed pursuant to 42 U.S.C. § 1983 by plaintiff Troy Adam Autin, who is proceeding pro se and in forma pauperis in this matter. Autin is an inmate in the custody of the Louisiana Department of Public Safety and Corrections and is currently incarcerated at Rayburn Correctional Center in Angie, Louisiana. However, his complaint relates to events that occurred while he was incarcerated at Allen Correctional Center (“ACC”) in Kinder, Louisiana.

         I.

         Background

         Autin alleges that, upon his transfer from Elayn Hunt Correctional Center (“EHCC”) to ACC in July 2016, he was taken off of his prescribed pain and mental health medications by ACC Nurse Trish and placed on an inadequate substitute pain medication. Doc. 1, att. 2, pp. 3-4. He maintains that he should have been transferred back to EHCC “or another D.O.C. facility that can hold offenders with such illnesses and prescribe[] such medication, ” but that Trish failed to apprise the warden or ACC physician of his health conditions. Id. at 4.

         Autin also alleges that, on August 19, 2016, he was approached on the Earth Unit by multiple other inmates, who threatened him with physical harm. Id. He states that he informed the sergeant working the Earth Unit of his need for protective custody, and that the sergeant “shook her head (yes) and went into the key to report the situation . . . but the key [s]ergeant was on the phone, so [Autin] walked toward his bed area in the back of the dormitory.” Id. There, he claims, multiple offenders surrounded him with knives and locks placed in socks, made demands, and began to beat and stab him. Id. at 4-5. He states that he managed to escape, and that while he was being transported to the infirmary, he noticed Captain King, the Unit Manager/Coach, “walking out of the gym where he spends most of his time (in a safe area).” Id. at 5.

         Autin states that he was taken to hospitals in Lake Charles and Lafayette, then returned to the ACC infirmary for his recovery. Id. at 5-6. He maintains that he “had to rehabilitate himself from being paralyzed, ” and that ACC medical staff Doctor Chatman and Nurses Trish, West, Hebert, and Summer did not help him to clean his wounds or change his bandages, and did not allow him to bathe or shower for seven days. Id. at 6. He also states that the medical staff would not move his food tray where he could reach it or provide him with adequate pain medication. Id. As a result of the stab wounds, their lack of care, and the unsanitary conditions in his cell, Autin states that he contracted Hepatitis C. Id. He also alleges that medical staff failed to remove his sutures in a timely manner due to Nurse West being on vacation and that his “wounds were healing wrong and infected, ” causing him to remove his own sutures. Id. at 7.

         Autin further alleges that Sergeant Misty Mincil reviewed the security camera footage relating to the beating and wrote up Autin for fighting but did not mention the stabbing, in an effort to cover up the attack. Id. at 5. Autin claims that stabbings occur on a daily basis but also states that ACC staff do not conduct shakedowns until someone is stabbed. Id.

         Autin now files suit in this court, raising claims based on the attack against Warden Cooley, Warden Allemond, Wayne Calabrese (president of G.E.O. Group), Captain King, and Sergeant Mincil. He also raises claims based on his medical care against Doctor Chatman, Nurse Trish, Nurse Hebert, Nurse Summer, and Nurse West. In relief he seeks compensatory and punitive damages as well as declaratory relief. Doc. 1, att. 2, pp. 12-13. He states that he attempted to exhaust his administrative remedies, but was prevented from doing so because his mail was tampered with while he was in SHU at Rayburn Correctional Center. Id. at 11.

         II.

         Law & Analysis

         A. ...


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