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Thomas v. Goodwin

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

October 31, 2018

COREY THOMAS
v.
JERRY GOODWIN, ET AL.

          HICKS MAGISTRATE JUDGE.

          ORDER

          MARK L. HORNSBY U.S. MAGISTRATE JUDGE.

          REPORT AND RECOMMENDATION

         In accordance with the standing order of this court, this matter was referred to the undersigned Magistrate Judge for review, report and recommendation.

         STATEMENT OF CLAIM

         Before the court is a civil rights complaint filed in forma pauperis by pro se plaintiff Corey Thomas (“Plaintiff”), pursuant to 42 U.S.C. § 1983. This complaint was received and filed in this court on March 14, 2016. Plaintiff is currently incarcerated at the Elayn Hunt Correctional Center, but claims his civil rights were violated by prison officials while incarcerated at the David Wade Correctional Center in Homer, Louisiana. He names Warden Jerry Goodwin, Warden Rochell, the David Wade Correctional Center, the David Wade Correctional Center Medical Staff, Nurse Milwee, and Ms. Michelle as defendants.

         Plaintiff claims that on December 15, 2015, he filed a request for medical attention. He claims he suffers with constant heartburn, stomach pain, extreme lower back pain, numbness in his arms, muscle spasms, nerve damage, restlessness at night, and emotional and mental stress. He claims his left foot was broken while incarcerated at the Jefferson Parish Correctional Center. He claims his foot did not heal properly and he still suffers with pain. He claims he was involved in an elevator crash at the Jefferson Parish Correctional Center and injured his lower back. He claims that because of the accident, he has sciatica, numbness in his arms and legs, muscle spasms, and a possible bulging disk. He claims he cannot sit, stand or lie down for long periods of time. He claims he has a hiatal hernia which causes him to have acid reflux, stomach pains, to choke while sleeping, inability to sleep on his stomach, and to regurgitate food. He claims he also has nerve damage in his right thigh and lower back. He claims he has an enlarged prostate gland and blood in his urine. He claims he also suffers with depression. Plaintiff admits he was taking medication for his conditions including Prilosec, Keppra, and Flomax.

         Plaintiff claims that on December 23, 2015, he filed a sick call request. He claims he was denied adequate medical attention by the medical staff. He claims the medical staff employee told him that she did not believe him, and she refused to send him to a hospital for an MRI because of the budget. He claims the employee insisted that he be x-rayed instead. Plaintiff claims he should have had his hiatal hernia surgically removed, been prescribed pain medication, and had an MRI for the soft tissue of his lower back. He admits he was on Prilosec for acid reflux and/or an ulcer, Keppra for nerve damage, and Flomax for urinary issues.

         Plaintiff claims that on December 28, 2015, he filed a sick call request. He claims he was denied adequate medical treatment by the medical staff employee because she did not view his situation as serious. He claims he was not provided any help. He claims she denied him pain medication. He admits he was still taking Prilosec, Keppra, and Flomax.

         Plaintiff claims that in January of 2016, his request for pain medication was denied.

         Plaintiff claims that on March 30, 2016, he made a sick call request. He claims he was not provided pain medication or surgery. He admits he was still taking Prilosec, Keppra, and Flomax.

         Plaintiff claims that on April 14, 2016, he filed two sick call requests. He claims he was seen by a medical staff employee both times. He claims he was denied an MRI, surgery and pain medication. He claims he was denied medical treatment because of a lack of funding.

         Plaintiff claims that on May 19, 2016, he filed a sick call request. He claims he was seen by a medical staff employee and denied adequate medical treatment because she did not believe he was truthful about his conditions. He claims she did not give him a thorough check-up or adequate medical attention. He claims she did not give him pain medication. He claims she refused to pull his medical records from ...


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