United States District Court, W.D. Louisiana, Lake Charles Division
R. SUMMERHAYS UNITED STATES DISTRICT JUDGE
the court is a Motion for Summary Judgment [doc. 27] filed
pursuant to Rule 56 of the Federal Rules of Civil Procedure
by defendants Jack Hurst, Justin Deville, and Porchea
Jackson. This motion is filed in response to the lawsuit
brought by plaintiff Richard Hollyfield, an inmate in the
custody of the Louisiana Department of Public Safety and
Corrections (“DOC”). Hollyfield, who is
represented by counsel, complains about medical care he
received while incarcerated.
complains about medical care received during his
incarceration at Allen Correctional Center
(“ACC”), from May 31 to September 18, 2016. Doc.
15. Specifically, he alleges that he was injured on May 13,
2016, when a medical resident at the University of New
Orleans Medical Center “grabbed his scrotum during a
medical examination for a hernia repair issue and crushed
it.” Doc. 34 at 7. On May 31, he was transferred from
Elayn Hunt Correctional Center to ACC. Id. At ACC,
medical staff discontinued the pain medication prescribed by
his surgeon even though Hollyfield repeatedly complained of
pain and requested that the surgeon's orders be followed.
Doc. 15 at 3. Medical staff also refused to provide the
scrotal device prescribed by Hollyfield's surgeon in May
2016 to prevent further injury, until July 29, 2016.
Id. at 3-4. Hollyfield requested to be moved to a
dormitory closer to the cafeteria because of the pain he
experienced while walking. Id. at 4. ACC physician
Jack Hurst and ACC health services administrator Justin
Deville refused this request, and Hurst told Hollyfield he
“would have more than just his nuts hurting” if
he brought it up again. Id. Hollyfield states that
he made several sick calls through the month of June relating
to the pain he was experiencing, but that Hurst and Nurse
Porchea Jackson refused to see him even though his unit
captain supported his claim of severe pain and need for
medical assistance. Id. at 4-7. Hollyfield maintains
that ACC medical personnel refused to treat his pain or
otherwise give medical attention for the remainder of his
time at that facility. Id. at 7-8.
medical records show that he was assessed by Hurst on May 31
and June 2, 2016. Doc. 27, att. 4, pp. 2-14. As a result of
those assessments Hurst created a Chronic Care Treatment Plan
for Hollyfield, which included a referral to psychiatry.
Id. at 14. Hurst discontinued Hollyfield's
Neurontin prescription but renewed other medications and
prescribed a support device, which Hollyfield filled on June
4, 2016. Id. at 6, 14, 56-57. Following sick calls
made by Hollyfield on June 7 and 8, 2016, Hurst also
prescribed a 30-day course of naproxen for pain relief
starting on June 8. Id. at 17-18, 22, 58. Hollyfield
made further sick calls complaining of pain on June 9, in
response to which a chest X-ray was ordered, and June 30, in
response to which Hollyfield was prescribed ice packs and
Tylenol. Id. at 23-28. Hollyfield made another sick
call for testicular pain on July 17. Id. at 30. The
nurse who examined him noted some swelling to one testicle,
ordered a course of Motrin, and referred Hollyfield to the
physician for evaluation of his chronic complaint.
Id. at 30-31. Hollyfield saw the physician, Dr.
Chatman, on July 19. Id. at 32. Chatman granted
Hollyfield's request for another kind of support device,
made a referral for a urology consult, and ordered another
course of naproxen. Id. at 32-34. Hollyfield made
sick calls on July 31 and August 3, still complaining of
testicular pain. Id. at 35-36. At the second visit
Chatman noted that Hollyfield might be better served by a
transfer, given the limited options for treating his pain at
ACC. Id. at 36. He was taken to Elayn Hunt
Correctional Center (“EHCC”) for a consult at
their surgical clinic on August 8, after which a course of
ibuprofen was prescribed, and ACC personnel completed a
medical transfer request for him on August 15. Id.
at 40-44. Hollyfield was transferred to Robert LaSalle
Correctional Center on or around September 19, 2016. See doc.
1, p. 1 (complaint); doc. 27, att. 4, pp. 52-53 (medical
records transfer and DOC email about EHCC follow-up
unsuccessfully pursuing administrative remedies against ACC
personnel, Hollyfield filed suit in this Court on January 18,
2017, against Hurst, Jackson, and Deville. Doc. 1. He alleges
violations of his constitutional rights under 42 U.S.C.
§ 1983 and negligent medical care under Louisiana law.
The defendants now move for summary judgment.
should grant a motion for summary judgment when the movant
shows “that there is no genuine dispute as to any
material fact and the movant is entitled to judgment as a
matter of law.” Fed.R.Civ.P. 56. The party moving for
summary judgment is initially responsible for identifying
portions of pleadings and discovery that show the lack of a
genuine issue of material fact. Tubacex, Inc. v. M/V
Risan, 45 F.3d 951, 954 (5th Cir. 1995). The court must
deny the motion for summary judgment if the movant fails to
meet this burden. Id.
movant makes this showing, however, the burden then shifts to
the non-moving party to “set forth specific facts
showing that there is a genuine issue for trial.”
Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248
(1986) (quotations omitted). This requires more than mere
allegations or denials of the adverse party's pleadings.
Instead, the nonmovant must submit “significant
probative evidence” in support of his claim. State
Farm Life Ins. Co. v. Gutterman, 896 F.2d 116, 118 (5th
Cir. 1990). “If the evidence is merely colorable, or is
not significantly probative, summary judgment may be
granted.” Anderson, 477 U.S. at 249 (citations
may not make credibility determinations or weigh the evidence
in ruling on a motion for summary judgment. Reeves v.
Sanderson Plumbing Prods., Inc.,530 U.S. 133, 150
(2000). The court is also required to view all evidence in
the light most favorable to the non-moving party and draw all
reasonable inferences in that party's favor. Clift v.
Clift, 210 F.3d 268, 270 (5th Cir. 2000). Under this
standard, a genuine issue of material fact exists if a