United States District Court, W.D. Louisiana, Monroe Division
A. DOUGHTY MAG. JUDGE
REPORT AND RECOMMENDATION
L. HAYES UNITED STATES MAGISTRATE JUDGE
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
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).
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).
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).
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].
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.)
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].
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].
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]. Defendants filed a reply on January 23,
2019. [doc. # 23]. This matter is ripe.
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 . . . ...