United States District Court, W.D. Louisiana, Shreveport Division
REPORT AND RECOMMENDATION
L. HORNSBY U.S. MAGISTRATE JUDGE
accordance with the standing order of this court, this matter
was referred to the undersigned Magistrate Judge for review,
report and recommendation.
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.
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.
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
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.
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.
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.
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.
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.
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.
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