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Geagan v. Couvillon

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

March 22, 2018

SEAN GEAGAN
v.
MICHAEL COUVILLON, ET AL

         SECTION P

          REPORT AND RECOMMENDATION

          PATRICK J. HANNA, UNITED STATES MAGISTRATE JUDGE

         Pro se 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.

         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.

         Statement of the Case

         Plaintiff 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.

         1. Medical Claims

         With 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 intake.” Id.

         On or 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.

         On 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.

         On 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.

         On January 4');">4, 2018, plaintiff received a surgical consult at UHC.

         He 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.

         On February 1, 2018, he filed an appeal. On that same day, he attended a ...


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