United States District Court, E.D. Louisiana
REPORT AND RECOMMENDATION
E. KNOWLES, III UNITED STATES MAGISTRATE JUDGE.
Antonio Dillon, a state prisoner, filed this pro se
and in forma pauperis civil action pursuant to 42
U.S.C. § 1983 against Sergeant Manning and Warden Jim
Miller. In this lawsuit, plaintiff asserts claims arising
from an accident at the Washington Parish Jail.
better understand the factual bases of plaintiff s claims,
the Court held a Spears hearing on March 15, 2018.
See Spears v. McCotter. 766 F.2d 179 (5th Cir.
1985). "[T]he Spears procedure affords the
plaintiff an opportunity to verbalize his complaints, in a
manner of communication more comfortable to many
prisoners." Davis v. Scott 157 F.3d 1003,
1005-06 (5th Cir. 1998). The United States Fifth Circuit
Court of Appeals has observed that a Spears hearing
is in the nature of a Fed.R.Civ.P. 12(e) motion for more
definite statement. Eason v. Holt, 73 F.3d 600, 602
(5th Cir. 1996). Spears hearing testimony becomes a
part of the total filing by the pro se applicant.
on plaintiffs complaint and Spears hearing
testimony, the Court finds that he is making the following
allegations in this lawsuit:
On May 6, 2017, plaintiff was incarcerated at the Washington
Parish Jail. After Sergeant Manning removed a grate from a
drain hole, plaintiff accidentally stepped into the hole and
fell to the floor. Plaintiffs fellow inmates called for
assistance, and Manning was the first officer on the scene.
Manning then left, saying he would return; however, he never
shift change, two other officers came upon the scene. They
said they were going to take a cigarette break and would
return. However, before that occurred, a nurse notified
plaintiff that an ambulance was on the way. Plaintiff was
then transported to the hospital, and, approximately two and
one-half hours after the accident, he first received medical
attention. An x-ray was taken, and he was diagnosed as having
a sprained ankle and back pain. His ankle was wrapped, he
was given pain medication, and he was sent back to the jail
that same day.
plaintiff arrived back at the jail, he filed an
administrative grievance. The following day, Warden Miller
spoke to plaintiff, accused him of faking an injury, and
asked him to sign a waiver dismissing his grievance.
Plaintiff refused. However, he never received a response to
law mandates that federal courts "review, before
docketing, if feasible or, in any event, as soon as
practicable after docketing, a complaint in a civil action in
which a prisoner seeks redress from a governmental entity or
officer or employee of a governmental entity." 28 U.S.C.
§ 1915A(a). Regarding such lawsuits, federal law
review, the court shall identify cognizable claims or dismiss
the complaint, or any portion of the complaint, if the
(1) is frivolous, malicious, or fails to state a claim upon
which relief may be granted; or
(2) seeks monetary relief from a defendant who is immune from
with respect to actions filed in forma pauperis,
such as the instant lawsuit, federal law similarly provides:
Notwithstanding any filing fee, or any portion thereof, that
may have been paid, the court shall dismiss the case at any
time if the ...