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Jackson v. Bossier Sheriff Correction

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

January 9, 2018

SCOTT JACKSON DOC #81893
v.
BOSSIER SHERIFF CORRECTION, ET AL

         SECTION P

          JUDGE S. MAURICE HICKS, JR.

          REPORT AND RECOMMENDATION

          KAREN L. HAYES, UNITED STATES MAGISTRATE JUDGE

         Before the court is a civil rights complaint [doc. 1] filed in forma pauperis by pro se plaintiff Scott Jackson (“Jackson”). Jackson is an inmate in the custody of the Louisiana Department of Public Safety and Corrections and is currently incarcerated at Bossier Maximum Security Facility in Plain Dealing, Louisiana.

         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 this court.

         For reasons stated below, IT IS RECOMMENDED that Jackson's complaint be DISMISSED WITH PREJUDICE.

         I.

         Background

         Jackson states that on the morning of October 5, 2017, he slipped and fell on a wet floor while he was cleaning up in the dorm. Doc. 1, p. 2. He claims that he could not get up, necessitating help from two or three inmates. Id. at 4. Jackson states that the inmates brought him to his cell so that he could lay down. Id. at 2. He contends that he was not taken to the medical department until five hours after the incident, at which time he was seen by Dr. Roberts. Id. Jackson complains that Roberts examined him for less than five minutes and only gave him Tylenol for pain. Id. Jackson states that he was still in pain five or six days after the incident, so he asked to be sent to an outside medical facility. Id. He claims that his request was denied and that he was sent back to see Dr. Roberts. Id. Jackson alleges that Roberts did not examine him but rather told him that “it was soreness” and gave him more Tylenol. Id. Jackson states that he sent an ARP to Warden Boyer that same night but that Boyer did not respond to the grievance within five days. Id. Thus, Jackson sent two requests to Assistant Warden Porter, who also did not reply. Id. In support of his claims, Jackson claims that there were not any “wet floor” signs in the area and that the parish issued “beach slippers” that he was wearing get “really slippery” when there is water on the floor. Id. at 2, 4.

         Jackson claims that he is still in pain and requests x-rays and/or an MRI. Id. at 5. He also seeks reimbursement for payment of his medical bills. Id.

         II.

         Law & Analysis

         A. Frivolity Review

          Jackson has been granted leave to proceed in forma pauperis under 28 U.S.C. § 1915. Doc. 4. 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, 15 ...


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