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Puckett v. Bossier Max Facility

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

June 25, 2018

JASON DEWAYNE PUCKETT
v.
BOSSIER MAX FACILITY, ET AL.

          FOOTE JUDGE

          REPORT AND RECOMMENDATION

          MARK L. HORNSBY U.S. MAGISTRATE JUDGE.

         In accordance with the standing order of this court, this matter was referred to the undersigned Magistrate Judge for review, report and recommendation.

         STATEMENT OF CLAIM

         Before the court is a civil rights complaint filed in forma pauperis by pro se plaintiff Jason Dewayne Puckett (“Plaintiff”), pursuant to 42 U.S.C. § 1983. This complaint was received and filed in this court on April 20, 2018. Plaintiff is incarcerated at the Bossier Maximum Security Center in Plain Dealing, Louisiana, and claims his civil rights were violated by prison officials. He names the Bossier Max Facility and the Bossier Max Infirmary as defendants.

         Plaintiff claims that on March 23, 2018 at approximately 2 a.m., he noticed patches of itchy, inflamed skin similar to hives. He claims that at pill call between 7 a.m. and 9 a.m., he informed Nurse Katey and Deputy Smith about the rash and insisted that he be taken to the medical department for further examination because he believed he was having an allergic reaction. He claims Nurse Katey told him that she would put him on the list to see medical. He claims that when the lunch trays came between 11 a.m. and 1 p.m., he asked Deputy King and Deputy Pease to remind Nurse Katey to see him in the medical department. He claims that when the dinner trays came between 4 p.m. and 5 p.m., he asked Deputy Pease and Deputy Lopez to remind Nurse Katey to see him in the medical department. Plaintiff claims that at the 9 p.m. pill call, he still had not been seen by the medical department. He claims he showed the Officer the spreading rash. He claims the Officer took him to the medical department and he was given two Benadryl tablets. Plaintiff claims he suffered through the night with the itchy rash.

         Plaintiff claims that during pill call the next morning, he was given a steroid shot. He claims he continued to suffer throughout the day. He claims that during the night pill call, the Officer took him to the medical department and it was decided that he should be transported to the hospital.

         Plaintiff claims he was transported to University Health and diagnosed with an allergic reaction induced by Bactrim and Tegretol. He claims he was given a shot of Benadryl, Pepcid, and an IV steroid. He claims he also had bloodwork performed. He claims he was prescribed a steroid, an antihistamine, and Pepcid. He claims he was returned to the prison at approximately 6:30 a.m. He claims he was not given the antihistamine until 10 p.m.

         Plaintiff claims that on March 26, 2018, the rash returned and covered his face, head, and neck. He claims Deputy Davis decided to transport him to the hospital. He claims his throat began to swell and he had difficulty swallowing. He claims he was treated by the medical staff at the hospital and told to take a Benadryl every four hours until his prescription was filled.

         Plaintiff claims he returned to Bossier Max and went to the medical department at approximately 11 a.m. He claims Nurse Jessica examined him and found that he was improving even though he was still covered in the rash and she had not seen him at the onset of the rash. He claims he was then seen by Dr. Roberts and Nurse Katey. He claims Dr. Roberts did not conduct an examination. He claims he informed Nurse Katey about the medication prescribed by the hospital staff. Plaintiff claims Nurse Katey informed him that he would receive the steroid prescribed on March 24, 2018, and not the stronger antihistamine.

         Plaintiff claims that on March 26, 2018, he was only given two Benadryl tablets. He claims that on March 27, 2018, the rash returned. He claims he was taken to the infirmary and Nurse Jessica gave him two Benadryl tablets.

         Plaintiff claims that when he returned to his cell, he completed a grievance regarding the medical department refusing to see him on March 23, 2018, and denying him the medication prescribed at the hospital. He claims the staff justified not seeing him on March 23, 2018, because he did not write a medical kite. He also claims the staff stated they were following the orders of the prison doctor regarding his medication.

         Plaintiff claims the medical staff then spoke with Lt. Porter about the grievance and moved him to a camera cell for observation. He admits he continued to receive the medication as directed by the prison medical staff.

         Plaintiff states that on March 28, 2018, during pill call, the Officer looked at him and took him to the medical department. He claims he was given a steroid shot and a Benadryl shot. Plaintiff claims that if had been given the medication prescribed by the hospital doctor, he would not have needed the shots. He claims that approximately 30 ...


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