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Robinson v. Smith

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

February 1, 2019

QUENTIN ROBINSON
v.
SONYA SMITH, ET AL.

          TERRY A. DOUGHTY MAG. JUDGE

          REPORT AND RECOMMENDATION

          KAREN L. HAYES UNITED STATES MAGISTRATE JUDGE

         Before the undersigned Magistrate Judge, on reference from the District Court, is a motion to dismiss filed by defendants Sonya Smith, Allen Mulkey, and Dana Lee (“Defendants”) [doc. # 17]. For reasons set forth below, it is recommended that the motion be GRANTED.

         Background

          On August 31, 2018, plaintiff Quentin Robinson, an inmate formerly housed at the Franklin Parish Detention Center (“FPDC”) proceeding pro se and in forma pauperis, filed the instant suit pursuant to 42 U.S.C. § 1983. [doc. # 1]. He alleges that on August 23, 2018, he made a sick call because he was urinating blood and had pain in his lower back and abdomen. He claims Defendant Smith, a nurse at FPDC, provided inadequate medical care. (Id. at 3).

         Thereafter, Defendant Mulkey, a sergeant at FPDC, told him to go back to his dorm. When Robinson requested to speak to a ranking officer, Mulkey twisted Robinson's arm behind his back, marched him to his dorm, and attempted to shove him inside. Robinson noted he refused to go in the dorm, stated he wanted medical help, and jerked away from Mulkey. As Robinson jerked away, another prison official shot Robinson with a Taser, and Mulkey slammed Robinson on the concrete, dislocating his shoulder. Robinson alleges Mulkey's actions constitute excessive force. (Id. at 3-4).

         Robinson also claims he made a sick call on August 27, 2018 but was never seen. He made a sick call again on August 29, 2018 and was seen by a nurse who informed Robinson that he needed to see a doctor to put his shoulder back in place. He claims his vital signs were not taken and he was not given any medication. (Id. at 4).

         On September 25, 2018, Robinson filed an amended pleading adding Lee, another nurse at FPDC, as a defendant. He made various allegations about FPDC, unrelated to his initial claims. [doc. # 6].

         On October 16, 2018, Robinson filed a second amended pleading, alleging that Smith and Lee have not provided him with adequate medical care because when he makes routine sick calls, they sometimes “call [him] out but other times not.” [doc. # 10 at 1]. Robinson also outlined the medical treatment he received since filing his initial complaint. (Id. at 2). Further, he clarified his excessive force claim, alleging that he did not resist “until [Mulkey] proceeded to spin [him] around and [his] face hit the side of the door causeing [sic] [him] to jerk away” to protect himself. (Id. at 2). The other officer then Tasered Robinson though he “never posed as a threat.” (Id.)

         Robinson attached an administrative remedy procedure (“ARP”) form dated October 3, 2018 to his second amended pleading. On the form, he states that he dislocated his right shoulder on August 23, 2018, is in excruciating pain, and has been denied medical treatment, and he requests to be transferred to a different facility. Robinson notes that he previously submitted an ARP but received no response, and therefore filed a lawsuit. A prison official responded to the ARP on October 9, 2018. [doc. # 10-1 at 4].

         This Court conducted a preliminary screening of Robinson's claims pursuant to 28 U.S.C. §§ 1915A, 1915(e)(2) and dismissed his first amended pleading with prejudice, [doc. # 6], as frivolous and failing to state a claim on which relief can be granted. [docs. # 11, 14].

         On December 28, 2018, Defendants filed the instant motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). [doc. # 17]. Defendants claim that Robinson's suit should be dismissed because Robinson has failed to properly exhaust available administrative remedies in accordance 42 U.S.C. § 1997e(a), as amended by the Prison Litigation Reform Act (“PLRA”). On January 18, 2019, Robinson filed a response. [doc. # 21].[1] Defendants filed a reply on January 23, 2019. [doc. # 23]. This matter is ripe.

         Standard of Review

         Federal Rule of Civil 12(b)(6) sanctions dismissal when a plaintiff fails “to state a claim upon which relief can be granted.” A pleading states a claim for relief when, inter alia, it contains “a short and plain statement . . . ...


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