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Mitchell v. Caldwell Parish Detention Center

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

June 6, 2018

BOBBY MITCHELL
v.
CALDWELL PARISH DETENTION CENTER, ET AL.

         SECTION P

          TERRY A. DOUGHTY JUDGE

          REPORT AND RECOMMENDATION

          Karen L. Hayes United States Magistrate Judge

         Plaintiff Bobby Mitchell is incarcerated at Bossier Medium Correctional Center and is proceeding pro se and in forma pauperis. He filed the instant Complaint on March 29, 201');">1');">1');">18, under 42 U.S.C. § 1');">1');">1');">1983. He names the following Defendants: Caldwell Parish Detention Center, Officer Baker, Officer Turner, Officer Gasket, Nurse Thearese, Dr. Wyatt, Warden Craine, Warden Wyatt, Mrs. Conley, and Sheriff Clay Bennett.[1');">1');">1');">1" name="FN1');">1');">1');">1" id= "FN1');">1');">1');">1">1');">1');">1');">1] For the following reasons, it is recommended that Plaintiffs claims be DISMISSED WITH PREJUDICE.

         Background

         Plaintiff alleges that a spider bit him on his arm on January 27, 201');">1');">1');">18, causing him head aches, a swollen arm, an open wound, nausea, blurred vision, panic, hot flashes, and severe fever. He claims that the bite exposed him to a risk of infection. He reported the incident the same day, but Defendants Baker, Turner, Gasket, and Thearese "denied hospital evacuation." Defendants9; alleged delay caused him to suffer additional pain.

         While Plaintiff faults Defendants for failing to call an ambulance or otherwise transport him to a hospital, he nevertheless states that he received care on the day the spider bit him and on the days that followed. On January 27, 201');">1');">1');">18, the day of the incident, Defendant Gasket gave Plaintiff ibuprofen, cleaned his wound with peroxide, applied antibiotic ointment, and bandaged his arm. [doc. # 9-1');">1');">1');">1, p. 1');">1');">1');">16]. Dr. Wyatt also evaluated and treated Plaintiffs wound on January 27, 201');">1');">1');">18. Id. at 1');">1');">1');">17. Dr. Wyatt cleaned the wound with peroxide, applied antibiotic ointment, bandaged the wound throughout the day, and gave Plaintiff Tylenol. Id. Dr. Wyatt recommended that Plaintiff squeeze the wound to extract toxins and prevent infection. Id.

         On January 28, 201');">1');">1');">18, Nurse Thearese treated Plaintiff. She checked his temperature, ordered antibiotics, cleaned his wound, and applied ointment. Id. at 1');">1');">1');">19. Plaintiff, however, claims that she should have checked his vital signs and authorized transportation to a hospital. Id. at 1');">1');">1');">19-20.

         On January 29, 201');">1');">1');">18, an officer escorted Plaintiff to the "nurse station," where Dr. Wyatt again treated Plaintiffs open wound, [doc. #s 9, p. 4; 9-1');">1');">1');">1, p. 2]. He removed scar tissue, cleaned the wound, and changed Plaintiffs bandage, [doc. # 9-1');">1');">1');">1, p. 2]. Plaintiff also received medication. Id.

         On January 30, 201');">1');">1');">18, ostensibly at the behest of Officer Mitchell and Captain Farris (two non-party officials), Plaintiff obtained treatment at a hospital and received five different medications, [doc. # 9, p. 3].

         From January 31');">1');">1');">1, 201');">1');">1');">18, through February 9, 201');">1');">1');">18, Plaintiff received various medications, [doc. #9-1');">1');">1');">1, pp. 2, 30].

         Plaintiff seeks $5, 000, 000 for his alleged injuries.

         Law and Analysis

         1');">1');">1');">1. ...


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