United States District Court, W.D. Louisiana, Shreveport Division
REPORT AND RECOMMENDATION
L. HORNSBY U.S. MAGISTRATE JUDGE.
accordance with the standing order of this court, this matter
was referred to the undersigned Magistrate Judge for review,
report and recommendation.
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.
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.
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.
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
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
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
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.
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
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.
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 ...