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Parker v. Nelson

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

March 2, 2018

RODERICK PARKER
v.
MR. NELSON, ET AL.

          FOOTE JUDGE

          REPORT AND RECOMMENDATION

          Mark L. Hornsby U.S. Magistrate Judge

         In accordance with the standing order of this court, this matter was referred to the undersigned Magistrate Judge for review, report and recommendation.

         STATEMENT OF CLAIM

         Before the court is a civil rights complaint filed in forma pauperis by pro se plaintiff Roderick Parker (“Plaintiff”), pursuant to 42 U.S.C. § 1983. This complaint was received and filed in this court on October 6, 2016. Plaintiff is incarcerated at the Caddo Correctional Center in Shreveport, Louisiana, and claims his civil rights were violated by prison officials. He names Mr. Nelson, the Caddo Correctional Center, Director Wright, Captain Rick Farris, Kelli Hayes, Sgt. Donnie Lang, the Louisiana First Judicial District Court, Judge Ramona Emanuel, the Caddo Parish Public Defender's Office, and Kurt Goines as defendants.

         Plaintiff claims that on January 12, 2016, he was seen by Dr. Craig Florea at Willis Knighton Hospital in Bossier City, Louisiana. He claims he was diagnosed with calcaneus fractures and given instructions to see an orthopedic doctor because his injuries would not heal properly without surgery. He claims Dr. Florea prescribed Norco for his constant pain.

         Plaintiff claims that on August 13, 2016, he was x-rayed at the Caddo Correctional Center and not a hospital. He claims Mr. Nelson read his x-rays and stated that the fractures in both of his feet were properly healed. He claims Mr. Nelson refused to let him see the x-rays or send them to his family so they could seek a second opinion. He claims he was denied additional medical treatment because Mr. Nelson stated that his fractures were healed. He claims he has not had physical therapy or pain management since August 25, 2016.

         Plaintiff claims he is only given high doses of Tylenol for pain and it is ineffective. He claims that after taking the prescribed doses of Tylenol, he experienced severe stomach pain. He claims that in October of 2016, he was diagnosed with hypertension by Dr. Nelson. He claims that in November of 2016, he learned that he could have the onset of kidney failure from taking large doses of Tylenol and that it was causing his stomach pain. He claims he also learned that high doses of Tylenol can cause hypertension. He claims his hypertension has aggravated his condition because his ankles are now swollen. Plaintiff claims he then refused his morning dose of Tylenol.

         Plaintiff claims Captain Rick Farris and Nurse Kelli Hayes will not allow him to have a second opinion or an appointment with another doctor. He claims he is still unable to walk and prison officials are attempting to take his wheelchair. He claims he still has acute pain in both feet that radiates from the tip of his toes to his hip bones. He claims he is unable to put any pressure on his feet and he has limited dexterity in his feet and ankles.

         Plaintiff admits he has seen Mr. Nelson at least once a month, every month since August 25, 2016. He claims Mr. Nelson continues to prescribe Tylenol for his condition. He claims Mr. Nelson refused to x-ray him again and refer him to an orthopedic surgeon for proper medical care.

         Plaintiff claims that on October 31, 2016, Judge Ramona Emanuel denied his request for a bond reduction so he could be released from jail and control his own medical care. He claims Caddo Parish Public Defender Kurt Goines failed to contest his high bond.

         Accordingly, Plaintiff seeks medical help and monetary compensation.

         LAW AND ANALYSIS

         Medical ...


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