United States District Court, W.D. Louisiana, Monroe Division
A. DOUGHTY JUDGE
REPORT AND RECOMMENDATION
L. HAYES UNITED STATES MAGISTRATE JUDGE
Quentin Robinson, a prisoner at Franklin Parish Detention
Center proceeding pro se and in forma pauperis, filed the
instant Complaint on August 31, 2018, under 42 U.S.C. §
1983. He names the following Defendants: Sonya Smith, Allen
Mulkey, and Dana Lee.[1" name="FN1" id=
"FN1">1] For reasons that follow, the claims in
Plaintiff9;s first amended pleading should be dismissed
alleges that, on August 23, 2018, he requested medical care
because he was urinating blood and suffering from pain in his
lower back and abdomen. [doc. # 1, p. 3');">p. 3]. He was “seen
by Sonya Smith, ” a nurse, who asked him if he could
provide a urine sample. Id. Because Plaintiff could
not urinate immediately, Nurse Smith informed him that
“there was nothing she could do.” Id.
Plaintiff faults Nurse Smith for failing to check his vital
signs and for otherwise providing inadequate care.
Sgt. Mulkey instructed Plaintiff to return to the dorm.
Id. When Plaintiff asked Sgt. Mulkey if he could
explain his continuing medical needs to a “ranking
officer, ” Sgt. Mulkey twisted Plaintiff9;s arm
behind his back, marched him to the dorm, and attempted to
shove him in the dorm. Id. at 3-4. Plaintiff refused
to enter, explaining that he remained in pain and “only
wanted medical help.” Id. at 4. After he
“jerked away from Sgt. Mulkey, ” Sgt. Ezell
shocked Plaintiff with a Taser and Sgt. Mulkey slammed him to
the concrete, dislocating his shoulder. Id.
Plaintiff alleges that he did not receive any medical care
until approximately six days later. Id.
requested care on August 27, 2018, because he continued to
urinate blood and his shoulder remained dislocated.
Id. He claims, however, that he was “never
was, nevertheless, “seen” by a nurse two days
later. Id. She examined his shoulder and informed
him that he “needed to be seen by a doctor who could
put [his] shoulder back in place.” Id.
Plaintiff complains that the nurse did not “take”
his vital signs and did not prescribe any medication.
Id. He continues to suffer excruciating pain. [doc.
#s 1; 10, p. 1].
received further care on September 11, 2018, following his
request for care on September 10, 2018. [doc. # 10, p. 2].
Nurses gave him enough “muscle rub” and pain
medication for the next two weeks. Id. He implies,
however, that he did not receive a response after he again
requested care on September 20, 2018.
filed an amended pleading on September 25, 2018, raising
“questions concerning the conditions of” the
detention center. [doc. # 6, p. 1]. He claims: (1) facility
officials are opening inmates9; legal mail, copying the
mail, and shredding the originals; (2) officials are
informing inmates that there are no “A.R.P.s”;
(3) some inmates may have to sleep on the floor if officials
force all of the inmates to sleep in bunks; (4) convicted
inmates are housed with pre-trial detainees; (5) Plaintiff
required a notary to complete his in forma pauperis
application, but he missed his opportunity to see the notary
because he was never “called”; (6) there are
“no muslum [sic] gatherings at all”; and (7)
inmates do not receive the same lunch Monday through Friday
that they receive on Saturday and Sunday. Id. at
filed a second amended pleading on October 16, 2018. [doc. #
10]. He alleges that, while Nurse Dana Lee and Nurse Sonya
Smith respond to some of his “routine sick call[s],
” they do not always “call [him] out.”
Id. at 1. He suggests that he requested care on
October 2, 2018. Id. at 2. On October 4, 2018, a
physician examined him, x-rayed him, found that he did not
have any broken bones, administered two shots, and prescribed
a muscle relaxer. Id. at 1. Plaintiff claims,
however, that “they” have not given him his
also attempts to clarify his excessive force claim, alleging
that he “never showed any type of resistance until
[Sgt. Mulkey spun him] around and [his] face hit the side of
the door, causing [him] to jerk away” to protect
himself. Id. He maintains that he never posed a
threat. Id. He continues to suffer from excruciating
pain and loss of sleep as a result of Sgt. Mulkey9;s
asks the Court to order medical treatment, to award punitive
damages, and to award $2, 500 for each day of pain and
suffering he ...