United States District Court, W.D. Louisiana, Lafayette Division
REPORT AND RECOMMENDATION
PATRICK J. HANNA, UNITED STATES MAGISTRATE JUDGE
complainant Sean Geagan, a pre-trial detainee in the custody
of the Louisiana Department of Corrections, filed the instant
civil rights complaint pursuant to 4');">42 U.S.C. §1983 on
January 22, 2018. Plaintiff is currently incarcerated at the
Vermilion Parish Jail (VPJ). He names the following as
defendants: Michael Couvillon, Kirk Frith, Lisa Stewart,
Police Jury of Vermilion Parish, Vermilion Parish
Correctional Center, Miriam Hutchinson, Anthony Klorer,
Brandon Stoutes, Blair Breaux, Jacob Lebouef, Brock Savoy,
Manuel Suire, Robert Casterline, Shaisely Charles and Trevor
Touchet. He seeks compensatory damages and injunctive relief.
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
Sean Geagen filed the instant complaint alleging three
separate violations of his constitutional rights. First, he
alleges inadequate medical care and medical malpractice.
Next, he complains of inhumane living conditions. Finally, he
complains of a “serious breach of procedure” with
respect to the handling of a meal on one occasion.
respect to his medical care, plaintiff contends that he has
been forced to live with constant, excessive, extensive pain
and suffering since his intake at VPJ on February 20, 2017.
On February 22, 2017, his unknown medical condition was
documented by Nurse Lisa Stewart. On March 6, 2017, he began
sending “requests” due to “ongoing pain,
soreness, drainage and [his] condition worsening.”
[Rec. Doc. 4');">4, p. 6] On June 6, 2017, plaintiff filed his
first grievance due to “constant pain since
about June 29, 2017, plaintiff was seen by Dr. Miriam
Hutchinson, who prescribed medication and a pain reliever.
Id. On July 17, 2017, his grievance was answered by
Sgt. Bryan Kibodeaux stating, “something was be (sic)
done now.” Id. On July 28, 2017, he was given
a second round of medication. On August 18, 2017, “all
medication ends, pain is still present.” Id.
September 13, 2017, after sending multiple medical requests,
plaintiff was brought to the Emergency Room at University
Hospital and Clinic in Lafayette (UHC). He was diagnosed with
a “completely different disease than what was
thought” by the medical staff at VPJ. Id. The
ER physician recommended surgery and explained that the
antibiotics previously prescribed would not help. He was
given a minor pain reliever and sent back to VPJ.
October 19, 2017, plaintiff filed another grievance, as he
felt “nothing was being done as 90 days have went by
since the first grievance.” Id. On October 24');">4,
2107, he started to receive minor pain relieving medication.
On November 18, 2017, he requested a warden's review
written on a statement form, as his October 19, 2017
grievance had not been answered. On November 20, 2017, he
spoke with Captain Troy Hebert and the nurse about his
grievance. On November 22, 2017, he received a response
stating that his grievance was a duplicate of the one filed
in June 2017. He re-filed on November 24');">4, 2017, and continued
to inquire about his grievance for the following month.
January 4');">4, 2018, plaintiff received a surgical consult at
inquired with the nurse about his grievance again on January
16, 2017, who informed him that as his appointment was
scheduled, he should drop his grievance; he declined. On
January 22, 2018, he wrote a second request for warden's
review of his grievance. On January 31, 2018, he received a
response from Lt. William Vincent stating that his grievances
were frivolous and unfounded.
February 1, 2018, he filed an appeal. On that same day, he
attended a ...