United States District Court, W.D. Louisiana, Alexandria Division
DEE D. DRELL
REPORT AND RECOMMENDATION
H.L. Perez-Montes United States Magistrate Judge
the Court is the civil rights complaint (42 U.S.C. §
1983) of pro se Plaintiff Roman Ford (#156841). Ford was
granted leave to proceed in forma pauperis. (Doc.
21). Ford is an inmate in the custody of the Louisiana
Department of Corrections. At the time of filing, Ford was
housed at the LaSalle Correctional Center in Olla, Louisiana
(“LCC”), where he claims his constitutional
rights were violated. Ford names as defendants LCC,
Lieutenant Self, Sergeant Pond, and Sergeant Nugent. Because
Ford was not deprived of medical care by Defendants and
cannot state a negligence claim under § 1983, his
complaint should be dismissed.
alleges that he slipped and fell in grits on the floor of the
dining hall at LCC. (Doc. 1, p. 3; Doc. 22, p. 1). Lt. Self,
Sgt. Pond, and Sgt. Nugent helped Ford to the medical
department. Ford complains that he did not see the doctor
until the following month, and he was charged money for the
doctor visit and medication. (Doc. 1, p. 3; Doc. 22, p. 1).
Law and Analysis
Ford's complaint is subject to screening under
§§ 1915(e)(2) and 1915A.
a prisoner who has been allowed to proceed in forma
pauperis. (Doc. 13). As a prisoner seeking redress from
an officer or employee of a governmental entity, Ford's
complaint is subject to preliminary screening pursuant to 28
U.S.C. § 1915A. See Martin v. Scott, 156 F.3d
578, 579-80 (5th Cir. 1998) (per curiam); Rosborough v.
Mgmt. and Training Corp., 350 F.3d 459, 461 (5th Cir.
2003) (holding that prison management corporations and their
employees are state actors under § 1983). Because he is
proceeding in forma pauperis, Ford's complaint
is also subject to screening under § 1915(e)(2). Both
§§ 1915(e)(2)(B) and 1915A(b) provide 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, 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 face.”
Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570
(2007); Ashcroft v. Iqbal, 556 U.S. 662 (2009).
Ford fails to state a claim related to medical
complains that, although Defendants assisted him to the
medical department after his fall, he was not actually
examined by a physician until the following month. Ford
complains he was charged for the visit, and was only
prescribed blood pressure medication.
Ford does not allege that LCC, Lt. Self, Sgt. Pond, and Sgt.
Nugent actually deprived him of medical care. Thus, there are
no facts to substantiate Ford's claim that the named
defendants violated his constitutional right to receive
Ford complains that he was charged for his medical
appointment and for pain medication. (Doc. 1, p. 3). In the
medical context, “to state a cognizable [Eighth
Amendment] claim, a prisoner must allege acts or omissions
sufficiently harmful to evidence deliberate indifference to
serious medical needs. It is only such indifference that can
offend ‘evolving standards of decency' in violation
of the Eighth Amendment.” Estelle v. Gamble,
429 U.S. 97, 106 (1976). “'[T]he deliberate
indifference standard of Estelle does not guarantee
prisoners the right to be entirely free from the cost
considerations that figure in the medical-care decisions made
by most non-prisoners in our society.'” Morris
v. Livingston, 739 F.3d 740, 748 (5th Cir. 2014) (citing
Reynolds v. Wagner, 128 F.3d 166, 175 (3rd Cir.
1997) and Farrakhan v. Johnson, 1:08cv438, 2009 WL
1360864, at *5 (E.D. Va. May 13, 2009) (unpublished)
(“Inmates are not entitled to free medical care, and an
inmate's displeasure at having to pay ...