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Magee v. Williams

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

March 2, 2018

ALBERT MAGEE
v.
JOELL WILLIAMS, ET AL.

          FOOTE MAGISTRATE 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 Albert Magee (“Plaintiff”), pursuant to 42 U.S.C. § 1983. This complaint was received and filed in this court on January 26, 2016. Plaintiff is currently incarcerated at the Bossier Parish Minimum Security Facility in Plain Dealing, Louisiana, but claims his civil rights were violated by prison officials while incarcerated at the David Wade Correctional Center in Homer, Louisiana. He names Joell Williams, Warden Rashal, Head Nurse Meshall Norris, CRL Neil, Dr. Fuller, and Nurse Bill as defendants.

         Plaintiff claims he was housed in lock-down from June 28, 2015 until November 24, 2015. He claims Nurse Joell Williams retaliated against him when he picked up his sick calls and did not deliver them to the doctor. He claims Nurse Williams knew his problems were life threatening. Plaintiff claims Nurse Bill and Nurse Meshall Norris also withheld his sick call requests from the doctor.

         Plaintiff claims he is HIV positive, but has not regularly seen a doctor about his virus load. He claims he has been denied a physical for syphilis and hepatitis. He claims his STD's are interfering with his HIV treatment. He claims these conditions are life threatening if not treated properly and timely. He claims the staff knew of his serious conditions and that if they withheld treatment he would eventually die.

         Plaintiff claims that on August 3, 2015, he made a sick call because he had discharge and abdominal pains. He claims Nurse Williams falsely alleged that he did not cooperate with the examination. Plaintiff claims he then filed a grievance in the administrative remedy procedure. He claims his situation worsened after he filed the grievance.

         Plaintiff claims he went to the chronic call out twice to have his vital signs checked. He claims that at one visit, he asked Nurse Williams if he could speak with Dr. Hearn. He claims Nurse Williams told him that he would never speak with Dr. Hearn.

         Plaintiff claims that on September 3, 2015, he made a sick call and Nurse Williams examined him. He claims he had abdominal and chest pains and discharge from his penis. He claims Nurse Williams denied him medical treatment because he did not refer him to the doctor and/or persuaded Dr. Fuller not to look at his sick call requests.

         Plaintiff claims that on September 21, 2015, he made a sick call and Nurse Williams examined him. He claims he had tightening of his chest and an irregular heart rate. He claims Nurse Williams denied him medical treatment because he did not refer him to the doctor.

         Plaintiff claims that on September 26, 2015, Nurse Bill was supposed to fill his medication bottles for the following week. He claims he did not receive his medications on this date. He claims this was not the only date that he did not receive his medications. He claims he must take this medication daily to keep his immune system active.

         Plaintiff claims that on October 19, 2015, he made a sick call and Nurse Williams examined him. He claims he had discharge from his penis and abdominal and chest pains. He claims he was denied adequate medical treatment because he was not referred to the doctor or prescribed medication.

         Plaintiff claims that on October 27, 2015, he made a sick call and was examined by Nurse Williams. He claims he had discharge from his penis, abdominal pains, and chest pains. He claims he was denied adequate medical treatment because he was not referred to the doctor or prescribed medication.

         Plaintiff claims that on November 10, 2015, Nurse Williams examined him. He claims his morning medications were not working properly and this was a life threatening situation because of his immune system. Plaintiff claims he asked Sgt. Marvin to witness his examination ...


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