United States District Court, E.D. Louisiana
RAYMOND H. KIMBLE, III
LEXUS OF NEW ORLEANS ET AL.
REPORT AND RECOMMENDATION
C. WILKINSON JR. UNITED STATES MAGISTRATE JUDGE
Raymond H. Kimble, III, is a prisoner in the Jefferson Parish
Correctional Center (“JPCC”) in Gretna,
Louisiana. He filed this complaint pro se and in forma
pauperis pursuant to 42 U.S.C. § 1983 ("Section
1983"), originally in the United States District Court
for the Middle District of Louisiana ("Middle
District"). The original defendants were Lexus of New
Orleans ("Lexus"); 19th Judicial District Office of
Public Defenders; Brad Scott; Dan Schilling; Delatte, Edward
& Marcantel; D. Carson Marcantel; Dickerson, LeBlanc
& Woods; Victor J. Woods, Jr.; Jefferson Parish
Sheriff's Office; Detective David Deroche; Doug Welborn,
Clerk of Court; 24th Judicial District Public Defenders
Office. Record Doc. No. 1. Plaintiff's amended complaint
brought additional claims against defendants Correct Health
Medical and JPCC. Record Doc. No. 8. He seeks injunctive and
monetary relief. Record Doc. No. 1 (Complaint at ¶ V).
18, 2018, the Middle District magistrate judge issued a
report recommending that plaintiff's complaint be
dismissed. Record Doc. No. 12. The district judge in the
Middle District adopted the magistrate judge's report and
dismissed all of plaintiff's claims, except his
claim that he received inadequate medical care at JPCC.
Record Doc. No. 15.
case was then transferred to this court on August 20, 2018.
Record Doc. Nos. 16, 17. Considering the dismissal order
previously issued in the Middle District, the only claim
remaining for this court to address is whether plaintiff
received inadequate medical care from the remaining
defendants while incarcerated at JPCC during August to
November 2017. Id. The sole remaining defendants in
this matter are Jefferson Parish Sheriff's Office,
Correct Health Medical and JPCC. Id.
November 13, 2018, I conducted a telephone conference.
Participating were plaintiff, pro se; and Kyle Kirsch,
counsel for defendants. Plaintiff was sworn and testified for
all purposes permitted by Spears v. McCotter, 766
F.2d 179 (5th Cir. 1985), and its progeny.
November 13, 2018 hearing, plaintiff testified that he was
then incarcerated at JPCC. He stated that he has criminal
charges pending in Jefferson Parish for simple burglary and
aggravated flight. Plaintiff testified that he also has an
armed robbery charge and two burglary charges pending in East
Baton Rouge Parish. Plaintiff said that he has been
transferred between the Jefferson and East Baton Rouge Parish
jails since April 2016. He stated that he is moved back and
forth between the parishes as needed to address his pending
criminal charges, but JPCC is his official housing location.
Plaintiff stated that he has not yet been convicted of any
crime in either parish. Plaintiff affirmed that his one
remaining claim in the instant lawsuit is that he received
inadequate medical care from the remaining defendants while
incarcerated in JPCC during August to November 2017.
testified that in late July 2017, he was involved in an
altercation in East Baton Rouge Parish Prison
("EBRPP"), in which his eye was injured. Plaintiff
testified that he received a black eye in the altercation. He
said that after the altercation he was seen by medical staff
at EBRPP. Plaintiff stated that when medical staff examined
him, they observed that his eye was damaged. He testified
that medical staff speculated that the interior part of his
eye had been scratched during the altercation. Plaintiff said
that he was told by an unnamed EBRPP nurse that he may need
to see an ophthalmologist for his eye injury.
testified that on August 2, 2017, approximately three days
after the altercation and initial examination by EBRPP
medical staff, he was transferred to JPCC. Plaintiff
testified that upon entry at JPCC, a screening examination
was performed on him by Nurse Griselda Jones, in which his
blood pressure and vitals were checked. Plaintiff stated that
during the screening process, he informed JPCC medical staff
that his eye was injured and that EBRPP medical staff had
advised him to see an ophthalmologist. Plaintiff testified
that upon entry to JPCC, he had in his possession a gel
solution prescribed to him by EBRPP medical staff. He stated
that this gel solution was taken from him by JPCC prison
staff during the screening process. He testified that he was
placed on a "tier" after the screening examination.
Plaintiff said that he subsequently filled out a sick call
form and informed the staff nurse multiple times that
something was wrong with his eye and that he would like to be
seen by a nurse.
stated that on or about August 2, 2017, JPCC staff brought
him a cream in a "big, white tube" to soothe his
eye, which plaintiff believed to be "something similar
to artificial tears." Plaintiff said that he
administered the cream to his eye twice that same day, which
caused his eye to burn. Plaintiff stated that did not read
the directions on the white tube, which stated "not for
ophthalmic use, not for use on the eye." He stated that
later that night, he informed JPCC Deputy Whitley about his
adverse reaction to the cream. Plaintiff stated that Whitley
took him off the tier and downstairs to the JPCC medical unit
to return the cream to medical staff.
testified that on or about August 3, 2017, he called his
family to tell them about the burning reaction to the cream.
Plaintiff said that his family sent JPCC/Correct Health staff
an email describing the type of medication plaintiff had
received and that JPCC medical staff had given plaintiff the
wrong medication for his eye injury. He stated that prison
staff subsequently removed him from the tier and brought him
downstairs to the medical unit to see Nurse Skye Noble. Nurse
Noble asked plaintiff if he still had the cream that caused
the adverse reaction, and plaintiff told her that he had
given it to medical staff the previous night.
testified that after he returned the cream and spoke to Nurse
Noble, he was not seen by medical staff until August 28,
2017. He stated that between the return of the cream and
August 28, 2017, he complained numerous times to deputies and
nurses that his eye was "bloodshot red." Plaintiff
testified that after he turned in two sick call requests, he
was told by prison staff that if he continued to make these
requests, his medical appointment date would get pushed back
with each request filed. Plaintiff said that he made numerous
requests of JPCC deputies for an emergency sick call.
stated that on the morning of August 28, 2017, he woke up
with an "inflamed, swollen, bloodshot-red eye." He
stated that his vision in the injured eye was obscured and
that he "couldn't even touch it to close it."
Plaintiff said that he called his family about his eye
condition, and that his family subsequently contacted the
prison. Plaintiff stated that he was seen by a
physician's assistant, Juanita Alexander-Sallier, on
August 28, 2017, at about 1:00 p.m. Plaintiff testified that
as soon as Alexander-Sallier saw plaintiff's eye, she
advised him that he had developed an eye infection. Kimble
stated that Alexander-Sallier gave him antibiotic eye drops,
which she told him to administer to his eye for one week,
four times a day, every six hours. Plaintiff testified that
Alexander-Sallier told him his eye would be soothed almost
immediately after administering the eye drops. Kimble said
that his eyes became soothed and his eye infection began to
disappear after three to four days of use of the eye drops.
He testified that Alexander-Sallier told him that she would
see him again for a followup appointment one week after
August 28, 2017.
stated that he was not seen by Alexander-Sallier or any
medical staff the following week. Plaintiff stated that he
discontinued use of the eye drops after one week, in
compliance with the instructions Alexander-Sallier gave him
on August 28. He testified that on or about September 4,
2017, at 8 or 9 p.m., his eye became inflamed and started
burning again. Plaintiff said that he told JPCC prison staff
that he wanted to make an emergency sick call to find out
what was wrong with his eye. He said that prison staff ...