United States District Court, W.D. Louisiana, Monroe Division
A. DOUGHTY, JUDGE.
REPORT AND RECOMMENDATION
L. HAYES, UNITED STATES MAGISTRATE JUDGE.
Lane Carter, a detainee at Jackson Parish Correctional Center
proceeding pro se and in forma pauperis, filed the instant
Complaint on January 18, 2018, under 42 U.S.C. § 1983.
Plaintiff names the following Defendants: Judge Jacque Derr,
Sheriff Cranford Jordan, “Police Jury of Winn Parish,
” Allen Michael McCartney, LaSalle Corrections, Sheriff
Andy Brown, and Warden Timothy Ducote. For the following
reasons, it is recommended that Plaintiff's request for
this court to intervene in his state court prosecution, as
well as his claims against Defendants Jacque Derr, Timothy
Ducote, and Allen Michael McCartney, be DISMISSED
alleges that, on August 20, 2017, he slipped and fell in the
shower at Winn Parish Jail. He claims that his fall was
“a result of negligence with building maintenance, a
shower floor in particular.” He also claims that he
fell because the shower lacked hand railings. In
Plaintiff's initial Complaint, he claims that a guard
notified Sheriff Jordan but the Sheriff waited too long to
call emergency medical services: he fell at 5:00 p.m. and
emergency medical technicians arrived at 7:00 p.m. In
Plaintiff's Amended Complaint, he claims that he was
wrapped in a wet shower curtain and instructed to remain
still on the concrete floor until Sheriff Jordan decided
whether Plaintiff required medical attention.
visiting the emergency room, Plaintiff was released around
10:00 p.m. under physician orders to return for a second
examination in two to three days. Plaintiff claims, however,
that despite submitting several “sick calls” he
did not receive further care at Winn Parish Jail because
Sheriff Jordan would not authorize it.
was subsequently transferred to Jackson Parish Correctional
Center. There, on September 13, 2017, he “saw a
facility nurse and was sent to the local emergency
room.” He received several tests, which revealed damage
to his back. The emergency room physician instructed
Plaintiff to consult a neurosurgeon immediately. Plaintiff
submitted “sick calls” seeking his neurosurgeon
consultation, but the facility nurse informed him that the
Sheriff would not authorize further medical attention. Aside
from receiving ibuprofen, Plaintiff received no
“medical attention until October 12, 2017, when [he]
was brought to see the facility doctor.”
October 12, 2017, Plaintiff requested care from a facility
doctor, but, after asking if Plaintiff was a pretrial
detainee, the doctor refused to treat Plaintiff.
attended a bond reduction hearing before Judge Derr on
October 18, 2017. He faults Judge Derr for denying
“medical O/R bond.” Judge Derr denied bond
because, according to Plaintiff, Sheriff Jordan misinformed
him that Plaintiff was receiving treatment.
alleges that his injuries worsened in October and he
“became unable to walk without some form of aid.”
Officials gave him a walking aid and then a wheelchair.
Despite being infirm, no one would help Plaintiff shower;
instead, he “was given the walker and a folding chair .
. . .” As a result, he slipped and fell again in the
shower on October 27, 2017. The attending guard informed
Plaintiff that he could “not have medical treatment
until October 30, 2017.”
treated Plaintiff on October 30, 2017. Later that evening, he
was sent to “LSU Shreveport Medical Center ER.”
An emergency room physician prescribed physical therapy and
referred Plaintiff to two outpatient clinics. On discharge,
physicians instructed Plaintiff to remain in his wheelchair.
When Plaintiff returned to confinement, a nurse told him that
“there was no order for any form of therapy . . .
was intermittently deprived of his wheelchair-from several
hours to several days-in November of 2017, which forced him
to crawl to the toilet and prevented him from showering and
using the telephone. He was once deprived of a shower for
nine days because “the guard didn't want to bother
finding a wheelchair and folding chair . . . .” A nurse
“ordered” Plaintiff to be “taken to the
handicap shower in the building, but no one ever took [him]
there.” He “had several minor falls” when
he attempted to walk to the toilet. He was “not offered
any treatment” and was instead told to call his fellow
inmates for assistance.
also claims that his cell at Jackson Parish Correctional
Center was not handicap accessible. He had to crawl up a
ladder to his bunk bed “until one of the nurses ordered
[him] into a lower” bunk. He was later transferred to a
suicide cell that lacked hand railings. Thereafter, he was
transferred to another cell that lacked hand railings and
that had a toilet “10 feet from the bunks.” He
was transferred yet again to “general population,
” which lacked facilities for Plaintiff to access the
ice chest, microwave, and telephone.
claims that “guards” took his wheelchair again on
December 3, 2017, and did not return it until the following
day, forcing Plaintiff to crawl to the toilet. The guards
took his wheelchair once more on December 5, 2017.
alleges that the facility did not have a proper handicap
transportation vehicle. Officials had to throw him in and out
of the vehicle. He endured this treatment “multiple
times.” He also had to “trust fall” out of
the vehicle ...