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Robinson v. Smith

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

October 23, 2018

QUENTIN ROBINSON
v.
SONYA SMITH, ET AL.

         SECTION P

          TERRY A. DOUGHTY JUDGE

          REPORT AND RECOMMENDATION

          KAREN L. HAYES UNITED STATES MAGISTRATE JUDGE

         Plaintiff 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 with prejudice.[2]

         Background

         Plaintiff 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. Id.

         Thereafter, 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.

         Plaintiff 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 seen.” Id.

         Plaintiff 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].

         Plaintiff 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.

         Plaintiff 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 2-3.

         Plaintiff 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 prescription. Id.

         Plaintiff 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 actions. Id.

         Plaintiff asks the Court to order medical treatment, to award punitive damages, and to award $2, 500 for each day of pain and suffering he ...


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