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Charleston v. Richardson

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

November 20, 2018

ISSAC CHARLESTON
v.
RONNIE RICHARDSON

          MARK L. HORNSBY MAG. JUDGE

          RULING

          TERRY DOUGHTY JUDGE

         Pending 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.

         For the following reasons, Richardson's motion is DENIED.

         I. ALLEGED FACTS AND PROCEDURAL BACKGROUND

         This is 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.

         SPDC 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.

         On June 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.

         On June 25, 2018, Richardson removed the case to this Court.

         On 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.

         On November 1, 2018, Charleston timely filed an opposition memorandum.

         Richardson did not file a reply, and the time to do so has now passed, and this matter is ripe for the Court's consideration.

         II. LAW AND ANALYSIS

         A. ...


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