United States District Court, W.D. Louisiana, Shreveport Division
L. HORNSBY MAG. JUDGE
before the Court is Defendant Ronnie Richardson's
(“Richardson”) Motion for Summary Judgment [Doc.
No. 6]. Richardson moves the Court for dismissal of Plaintiff
Issac Charleston's (“Charleston”) claims on
the basis that he failed to exhaust his administrative
remedies. Charleston filed an opposition memorandum. [Doc.
No. 9]. Richardson did not file a reply memorandum.
following reasons, Richardson's motion is DENIED.
ALLEGED FACTS AND PROCEDURAL BACKGROUND
a civil rights suit, arising out of Charleston's
incarceration at Sabine Parish Detention Center
(“SPDC”). Charleston brought suit against
Richardson, who, as Sheriff of Sabine Parish, is charged with
the safekeeping of prisoners in the SPDC. Charleston alleges
that he received medical treatment prior to his transfer to
SPDC, and he had a form showing his medically necessary
scheduled follow-up visits. However, Charleston contends that
SPDC failed to provide the medical treatment, even after he
filled out medical requests.
has an ARP Policy, which was adopted on July 6, 2013. The
Sheriff's Department also has a similar grievance
procedure. While incarcerated at the SPDC as an inmate of the
Louisiana Department of Corrections, Charleston was subject
to the ARP Policy. Charleston was incarcerated at SPDC from
August 23, 2017, to May 24, 2018. Richardson contends that
Charleston did not file an ARP or a grievance about
SPDC's failure to provide medical treatment.
6, 2018, at a time he was not incarcerated, Charleston
brought suit against Richardson in the Eleventh Judicial
District Court for the Parish of Sabine, State of Louisiana.
25, 2018, Richardson removed the case to this Court.
October 12, 2018, Richardson filed the instant Motion for
Summary Judgment, contending that Charleston's federal
and state law claims should be dismissed for failure to
exhaust his administrative remedies.
November 1, 2018, Charleston timely filed an opposition
did not file a reply, and the time to do so has now passed,
and this matter is ripe for the Court's consideration.
LAW AND ANALYSIS