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Marsh v. Richland Parish Detention Center

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

August 6, 2018

STEVE MARSH
v.
RICHLAND PARISH DETENTION CENTER, ET AL.

         SECTION P

          TERRY A. DOUGHTY JUDGE

          REPORT AND RECOMMENDATION

          Karen L. Hayes United States Magistrate Judge

         Plaintiff Steve Marsh, a detainee at Richland Parish Detention Center proceeding pro se and in forma pauperis, filed the instant civil rights complaint on November 21, 2017, under 42 U.S.C. § 1983. He names Richland Parish Detention Center, “Medical Staff Richland Parish Detention Center, ” Warden Ricky Scott, Nurse Jamie Doe, Nurse Taylor, and Assistant Warden Weatherly as Defendants.[1" name="FN1" id="FN1">1] For the following reasons, it is recommended that Plaintiff's claims against Richland Parish Detention Center and “Medical Staff Richland Parish Detention Center, ” as well as Plaintiff's conditions of confinement claim, be DISMISSED WITH PREJUDICE.[2]

         Background

         Plaintiff alleges that, on or around February 5, 2017, he “slipped and fell in the shower in F-Dorm, ” injured nerves in his back, and, as a result, must use a catheter for the rest of his life. [doc. #s 1; 16');">16');">16');">16');">16');">16');">16');">16, p. 9]. Plaintiff also alleges that, on or around February 20, 2017, he “slipped and fell into a rack in G-Dorm[, ]” sustaining an injury to his right ankle. He states that his ankle is swollen, infected, and seeps blood, [doc. # 1], and that he suffers from severe back pain, a bladder infection, a kidney infection, headaches, and nerve damage in his feet and legs. [doc. # 16');">16');">16');">16');">16');">16');">16');">16, 10');">p. 10].

         Plaintiff alleges that although his injuries occurred in February of 2017, he “didn't see the doctor until June . . . .”[3] A physician instructed “them” to apply antibiotic patches every other day, but “she has not done so . . . .” He adds that “she” later sent him to a surgical clinic and that a physician there told him he had an ulcer that “would get well by itself.” Plaintiff alleges, however, that the ulcer has not improved. A nurse provided antibiotic cream and antibiotic pills, but neither helped.

         Plaintiff also contends that a physician prescribed a cane for support and that, although Defendants are aware of his need for a cane, they refuse to allow one. [doc. #s 1; 16');">16');">16');">16');">16');">16');">16');">16, p10');">p. 10, 13]. Plaintiff filed an Amended Complaint on April 4, 2018, clarifying that his lack of a cane or walker caused his first fall in the shower. [doc. # 12');">12, p. 2');">p. 2]. He “has been denied a cane or walker since his date of incarceration as a pre-trial detainee.” [doc. # 16');">16');">16');">16');">16');">16');">16');">16, 10');">p. 10]. Warden Ricky Scott told him that he could not have a cane because it was considered a weapon, but the Warden did not provide any alternative walking aid. Id.

         Plaintiff alleges further that, because of the first fall and ensuing injury, a physician instructed him to use catheters to urinate. [doc. # 12');">12, p. 2');">p. 2]. Nurse Taylor, however, has only provided him with catheters designed for women, which caused an infection and continue to cause pain. Id. at 3-5. He confronted Nurse Taylor about the issue and, on April 2, 2018, she informed him that he must “continue to use women's catheters because they are not ordering any more . . . .” Id. at 5. He contends that he “should be taking shots that the doctor ordered to try and relieve him of having to use catheters.” [doc. # 16');">16');">16');">16');">16');">16');">16');">16, 11');">p.11]. He was transported to the emergency department at Richardson Medical Center on May 3, 2018. [doc. # 16');">16');">16');">16');">16');">16');">16');">16-1, p. 2]. He complained of burning pain in his bladder, and a physician diagnosed him with “acute urinary tract infection with cystitis, ” prescribed Bactrim, and instructed, “Foley cath change after 2 weeks, earlier for sign or symptoms of infection.” Id. at 3-4.

         Plaintiff also complains that the “environment in the dormitory is completely unsanitary, ” that “water pours from underneath the toilets onto the living area floor, ” that “mold is growing on the walls, ” and that “the air circulation is highly contagious . . . .” [doc. # 12');">12, p. 4].

         Plaintiff amended again on July 2, 2018. [doc. # 16');">16');">16');">16');">16');">16');">16');">16]. He claims that Nurse Jamie Doe[4]“failed to follow doctor's orders[5] for treatment, ” that “Warden Ricky Scott failed to force [a] nurse to follow doctor's orders, ” and that “all knew [that he] needed the cane to walk . . . .” Id. at 8. He adds that Defendants “failed to send [him] to a neurosurgeon or physician as ordered” and will not provide him with his prescribed pain medication. Id. at 11, 12');">12. Because he never visited a neurosurgeon as ordered by emergency room physicians, his bladder will not function properly and he “may have to use catheters for the rest of [his] life.” Id. at 12');">12. He “has made numerous sick calls trying to acquire the proper medical treatment.” Id.

         Plaintiff asks the Court to order medical treatment outside of the detention center and to order detention center officials to “make the appropriate adjustments needed to treat [him].” [doc. # 12');">12, pp. 5-6]. He also seeks $300, 000.00 in punitive damages and $600, 000.00 in compensatory damages. [doc. # 16');">16');">16');">16');">16');">16');">16');">16, p. 9].

         Law and Analysis

         1. ...


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