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Carter v. Derr

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

June 13, 2018

LANE CARTER
v.
JACQUE DERR, ET AL.

         SECTION P

          TERRY A. DOUGHTY, JUDGE.

          REPORT AND RECOMMENDATION

          KAREN L. HAYES, UNITED STATES MAGISTRATE JUDGE.

         Plaintiff 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.[1] 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 WITH PREJUDICE.[2]

         Background

         Plaintiff 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.

         After 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.

         Plaintiff 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.”

         On 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.

         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.

         Plaintiff 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.”

         A nurse 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 . . . .”

         Plaintiff 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.

         Plaintiff 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.

         Plaintiff 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.

         Plaintiff 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 ...


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