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Hollyfield v. Tullos

United States District Court, E.D. Louisiana

September 20, 2018

RICHARD HOLLYFIELD DOC #279394
v.
AMANDA TULLOS, M.D.

         SECTION "F"

          ORDER AND REASONS

          MARTIN L. C. FELDMAN, UNITED STATES DISTRICT JUDGE.

         Before 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.

         Background

         This civil rights lawsuit arises from a state prisoner's allegations that a doctor sexually assaulted him.

         Richard 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.

         Dr. 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 permanent damage.
...

         On May 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.

         On 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. ยง 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 ...


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