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Horton v. Leblanc

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

February 7, 2019

CALVIN WAYNE HORTON
v.
JAMES LEBLANC, ET AL.

          HICKS JUDGE

          REPORT AND RECOMMENDATION

          MARK L. HORNSBY U.S. MAGISTRATE JUDGE

         In accordance with the standing order of this court, this matter was referred to the undersigned Magistrate Judge for review, report and recommendation.

         STATEMENT OF CLAIM

         Before the court is a civil rights complaint filed in forma pauperis by pro se plaintiff Calvin Wayne Horton (“Plaintiff”), pursuant to 42 U.S.C. § 1983. This complaint was received and filed in this court on February 25, 2016. Plaintiff claims his civil rights were violated by prison officials while incarcerated at the David Wade Correctional Center in Homer, Louisiana. He names James LeBlanc, the Administration of the Department of Public Safety and Corrections, Jerry Goodwin, James Aronald, Michelle Dauzat, Angie Huff, Deputy Rachel, L. Nail, Lt. Col. Hamton, Lt. Col. Cantrell, Cpt. White, Lt. Jones, Sgt. Rimbar, Sgt. Kliber, Dr. Hearn, Dr. Fuller, John Martin, John Doe, and Sgt. Selpolvo as defendants.

         Plaintiff claims Defendants have committed defamation of character, malfeasance in office, obstruction of justice, misappropriation of an official duty, deliberate indifference, retaliation, discrimination, cruel and unusual punishment, medical malpractice and negligence, unlawful sabotage, and exploitation.

         Plaintiff claims he suffered gross neglect by James LeBlanc and the staff at David Wade Correctional Center. He claims Warden Jerry Goodwin and his subordinates are responsible for gross medical negligence. Plaintiff claims he suffers from a chronic medical condition caused by overexertion during an exercise routine which caused his brain to become chemically imbalanced. He claims his adrenalin was uncontrolled and he was injured in the worst possible way. Plaintiff claims that he also tore a ligament in his right shoulder and injured his left kneecap while exercising. He claims he suffers from deterioration of his muscles and muscle contractions associated with severe nerve complications at the sound of sharp, acute noises. Plaintiff claims he also suffers from fatigue, equilibrium imbalance, heart flutters, severe abdominal spasms and cramps, irregular breathing, and symptoms of stroke and heart attack. He admits his symptoms are not documented by a physician [Doc. 10, p.5]. He claims he cannot determine with accuracy his exact medical condition.

         Plaintiff claims Dr. Hearn refused to acknowledge that he had a chronic, debilitating ailment while he was housed in the administrative segregation cell blocks. He admits that he continued to receive his high blood pressure medication Clonidine and fluid pills while housed in the administrative segregation blocks. He also admits that he received a routine clinic check-up every three months. He complains that he did not receive any other treatment including extra food portions for his muscle deterioration and housing in another location. He also claims he should have received surgical intervention or constructive medical advice for the refurbishment of his ruptured right lower quadricep muscle.

         Plaintiff claims that in April of 2015, he complained to Warden Jerry Goodwin, the Louisiana Department of Corrections and Public Safety, James Arnold, Dr. Hearn, Dr. Fuller, Warden Michelle, John Doe, Deputy Rachel, Lt. Col. Cantrell, Col. Lonnie Nail, Lt. Col. Hamilton, and Lt. Jones. He claims they did not intervene on his behalf.

         Plaintiff claims that on August 24, 2015, he was falsely accused of an offense by a correctional officer. He claims that on September 2, 2015, he was sanctioned to administrative segregation cell blocks. He claims the inmate counsel discriminated against him during the disciplinary court proceedings because he failed to adequately investigate his alibi and file a motion. Plaintiff claims he has been unfairly housed in administrative segregation cell blocks since August 24, 2015.

         Plaintiff claims that on December 10, 2015, Sgt. Selpolvada entered his tier and made sharp penetrating sounds which pierced his person to the core. Plaintiff claims he got the attention of Sgt. Selpolvada as he walked past his cell and asked him to stop making the noise. He claims Sgt. Selpolvada ignored him. Plaintiff claims he became annoyed with the noise and asked Sgt. Selpolvada to stop making noise because he was partially handicapped, and the excessive noise detrimentally affected him. He claims Sgt. Selpolvada replied that he did not care and continued pushing the cart up the tier.

         Plaintiff claims he then asked Sgt. Kliber to make a request for an emergency sick call. He claims that 20 minutes later, Sgt. Kliber entered the tier and he asked him who needed to make a request for an emergency sick call. He claims he informed Sgt. Kliber that he was having severe chest pains, shortness of breath, abdominal pains and cramps, abnormal breathing, dizziness, and fainting symptoms. Plaintiff claims that 20 minutes later, Sgt. Kliber entered the tier again and he requested information from him regarding an emergency sick call. He claims Sgt. Kliber obnoxiously responded that he did not take orders. Plaintiff claims that 15 minutes later, Sgt. Kliber brought him a sick call form. He claims Sgt. Kliber read the emergency sick call request and argued with him about its contents.

         Plaintiff claims that five minutes later, Sgt. Selpolvada returned to his cell and slammed down ARP forms on his tray hatch. He claims Sgt. Selpolvada called him a racial slur and told him to spell his name correctly next time.

         Plaintiff claims that 30 minutes later, he asked Sgt. Kliber for the fourth time if he was going to see a doctor, a nurse, or Captain White. He claims Sgt. Kliber informed him that his sick call request had been given to Captain White. Plaintiff ...


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