United States District Court, E.D. Louisiana
ORDER AND REASONS
L. C. FELDMAN, UNITED STATES DISTRICT JUDGE.
the Court is Dr. Amanda Tullos's motion for summary
judgment. For the reasons that follow, the motion is GRANTED
insofar as the plaintiff's Section 1983 claims are
prescribed; the Court declines to exercise supplemental
jurisdiction over the remaining state law claims.
civil rights lawsuit arises from a state prisoner's
allegations that a doctor sexually assaulted him.
Hollyfield is an inmate incarcerated in the Elayn Hunt
Correctional Center in Louisiana. On April 5, 2016,
Hollyfield underwent inguinal hernia repair surgery. To
address post-hernia repair complications, on May 13, 2016,
Hollyfield was treated at the Emergency Room at University
Medical Center in New Orleans. Hollyfield underwent an
ultrasound and was complaining about pain and swelling in his
groin and left testicle.
Amanda Tullos was employed by the State of Louisiana at the
University Medical Center where Hollyfield was being treated.
Dr. Tullos was not assigned to his case, but went to
Hollyfield's room to address Hollyfield's complaints.
According to Hollyfield, he was shackled to his bed and
accompanied by Sgt. Laudarius Washington from Elayn Hunt
Correctional Center. When Dr. Tullos asked where Hollyfield
was hurting, he pointed to his testicle area. Hollyfield
alleges that “Dr. Amanda Tullos sexually assaulted him
[and that he] tried to defend himself and yelled for her to
stop.” In particular, he alleges:
Hollyfield was restrained to the bed, when Dr. Amanda Tullos,
without valid medical purpose, placed her hands on his
genitalia, and maliciously grabbed and squeezed them exerting
pressure and causing injury. Dr. Amanda Tullos had no medical
reason or authorization to enter into...Hollyfield's room
at that time.
Dr. Amanda Tullos knew or should have known that
smashing...Hollyfield's testicles could or would lead to
14, 2016, Hollyfield wrote Warden Robert Tanner claiming that
he was assaulted by Dr. Tullos. Hollyfield also submitted an
administrative grievance pursuant to Administrative Remedy
Procedure (or ARP) to Elayn Hunt Correctional Center, which
was received on May 17, 2016. EHCC accepted the ARP for
processing on May 25, 2016, and issued Hollyfield a First
Step Response on May 31, 2016. Hollyfield submitted his
second step request in the ARP process on June 9, 2016, which
was received and accepted for processing by Louisiana
Department of Public Safety and Corrections officials on July
11, 2016. DPSC officials issued Hollyfield a second step
response on September 13, 2016; Hollyfield's request for
relief was denied.
February 20, 2018, Hollyfield, proceeding in forma
pauperis but represented by retained counsel, sued Dr.
Amanda Tallos, alleging that her conduct violated his civil
rights under 42 U.S.C. § 1983 by violating his rights to
be free from corporal punishment and excessive force under
the Fourth, Eighth, and Fourteenth Amendments. Hollyfield
also seeks to recover under Louisiana Civil Code articles
2315 and 2316 on the ground that his injuries were caused by
Dr. Tallos' intentional or negligent conduct. Although
this matter was automatically referred to the magistrate
judge, at least one of the parties did not consent to ...