United States District Court, W.D. Louisiana, Shreveport Division
ROBERT G. JAMES
REPORT AND RECOMMENDATION
L. HAYES UNITED STATES MAGISTRATE JUDGE
complainant Michael Outlaw, an inmate in the custody of the
Louisiana Department of Corrections, filed the instant civil
rights complaint pursuant to 42 U.S.C. §1983 on October
4, 2017. Plaintiff is currently incarcerated at the David
Wade Correctional Center (DWCC). He names the following as
defendants: Warden Rachal, Paula Millwee, Dr. Fuller, Dr.
Hearn, Unknown Nurse and Unknown Medical Staff. He seeks
compensatory damage and injunctive relief. 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. For the
following reasons it is recommended that the complaint be
DISMISSED WITH PREJUDICE as frivolous and
for failing to state a claim for which relief may be granted.
of the Case
is a DOC inmate incarcerated at the DWCC who alleges he has
sustained a back injury due to the living conditions in
extended lock down.
complains that when the nursing staff responds to his sick
calls in extended lock down, they bring no equipment, there
is no examination outside of the cell, only screening from
August 29, 2016, after more than a year of sick complaints
and grievances filed, plaintiff was examined by Dr. Fuller.
After explaining to Dr. Fuller that his pain was a
“current off and on situation, ” Dr. Fuller told
him that he had normal back pain like everybody else and sent
him back to his cell. Plaintiff alleges that Dr. Fuller
falsely documented his medical records to state that he
instructed plaintiff to exercised and take Tylenol, although
he concedes that he cannot prove this.
he was seen by Dr. Fuller, he continued to make sick calls
regarding his back pain and on January 8, 2017, he was
referred to Dr. Hearn who found his “examination
results negative.” [Rec. Doc. 1, p. 5] She prescribed
anti-inflammatory medication for 30 days. However, she denied
his request for an x-ray and pet scan. Plaintiff asserts that
she showed “poor attitude” concerning his medical
needs and did not schedule a follow-up regarding his
medication or health status. Id. at p. 6.
after seeing Dr. Hearn, he made several sick calls. He has
since been seen by different nurses on different occasions.
He complains that they have become “tired” of his
sick call complaints. Id. Medical has made no new
recommendations for new solutions or other options regarding
his pain. He contends that it is “evident to see
medical is going by the least inexpensive way in treating me
for back pain and are deliberated indifference to inmate
serious medical needs. By repeating the same recommendation
that doesn't relieve pain and suffering at least
this Court to order an x-ray and cat scan, to refer him to an
outside hospital, to be re-evaluated by an outside
psychologist, to be “free of such conditions that
violates the U.S Constitution Eighth Amendment, ” that
medical at DWCC improve in referring inmates to the doctor
and improve on follow-ups, as well as compensatory damages
for his physical, mental and emotional pain.
is a prisoner seeking redress from an officer or employee of
a governmental entity; therefore his complaint is subject to
preliminary screening pursuant to 28 U.S.C. § 1915A.
See Martin v. Scott, 156 F.3d 578');">156 F.3d 578, 579-80 (5th
Cir.1998) (per curiam). Section 1915A(b) provides for sua
sponte dismissal of the complaint, or any portion
thereof, if the Court finds it is frivolous or malicious, if
it fails to state a claim upon which relief may be granted,
or if it seeks monetary relief against a defendant who is
immune from such relief.
complaint is frivolous when it “lacks an arguable basis
either in law or in fact.” Neitzke v.
Williams,19');">490 U.S. 319, 325 (1989). A claim lacks an
arguable basis in law when it is “based on an
indisputably meritless legal theory.” Id. at
327. A complaint fails to state a claim upon which relief may
be granted when it fails to plead “enough facts to
state a claim to relief that is plausible on its ...