United States District Court, W.D. Louisiana, Alexandria Division
H.L. Perez-Montes United States Magistrate Judge
the Court is a civil rights Complaint under 42 U.S.C. §
1983 filed by pro se Plaintiff David Wade Clark
(“Clark”). Clark is a pretrial detainee at the
Concordia Parish Correctional Facility (“CPCF”)
in Ferriday, Louisiana. Clark complains that he was denied
adequate medical care in violation of the Constitution.
Clark does not provide sufficient facts to state a medical
care claim, he must AMEND his Complaint. (Doc. 1).
alleges that he punched a wall in his dorm, causing damage to
his hand. (Doc. 1, p. 3). Although Clark heard his finger
“crack, ” he thought nothing of it due to prior
discomfort in his hand. (Doc. 1, p. 3). When Clark noticed
his hand swelling and turning red, he wrote a medical request
and was transported to River Medical Center in Ferriday.
(Doc. 1, p. 3). Clark states that his hand was fractured in
three different areas. (Doc. 1, p. 3).
being treated at the hospital, Clark's hand worsened.
Days later, his fingers became numb and swelling increased.
(Doc. 1, p. 3). Lt. Taylor took pictures of Clark's hand
and “brought [Clark] some random antibiotic from
another person.” (Doc. 1, p. 4). The following day,
Clark was transported to Jennings Hospital where he was
diagnosed with a staph infection. Clark complains that, when
he was transported back to CPCF, he was denied antibiotic
ointment. (Doc. 1, p. 4).
Instructions to Amend
officials violate the Eighth Amendment's proscription
against cruel and unusual punishment when they act with
deliberate indifference to the serious medical needs of
prisoners. See Farmer v. Brennan, 511 U.S. 825, 834,
(1994); Estelle v. Gamble, 429 U.S. 97, 105 (1976).
Deliberate indifference “is an extremely high standard
to meet.” Gobert v. Caldwell, 463 F.3d 339,
346 (5th Cir. 2006) (citation omitted). An inmate must show
that prison personnel “refused to treat him, ignored
his complaints, intentionally treated him incorrectly, or
engaged in any similar conduct that would clearly evidence a
wanton disregard for any serious medical needs.”
Domino v. Tex. Dep't Crim. J., 239 F.3d 752, 756
(5th Cir. 2001) (quoting Johnson v. Treen, 759 F.2d
1236, 1238 (5th Cir. 1985)).
to his Complaint, Clark was transported to the hospital for
medical treatment twice in one week-on March 1 and March 5,
2019. Clark should state what treatment was provided at the
hospital. Because Clark alleges that he is being denied
medical care, he must amend his Complaint to state each date
on which he requested and was denied care. Clark should state
what medical care he believes he needs that he is not
receiving. Clark should also identify what injury he suffered
as a result of the alleged deprivation of medical care.
only names CPCF as the Defendant. (Doc. 1, p. 3). Jails are
not “persons” subject to liability under §
1983. See Will v. Michigan Dep't of State
Police, 491 U.S. 58 (1989). A parish jail is “not
an entity, but a building.” Wetzel v. St. Tammany
Parish Jail, 610 F.Supp.2d 545, 549 (E.D. La. 2009);
Jones v. St. Tammany Parish Jail, 4 F.Supp.2d 606,
613 (E.D. La. 1998) (dismissing the St. Tammany Parish Jail
with prejudice); Dale v. Bridges, No. 3:96-CV-
3088-AH, 1997 WL 810033 at *1 n. 1 (N.D. Tx. Dec. 22, 1997)
(Dallas County Jail is not an entity capable of being sued).
Therefore, Clark should identify each individual he alleges
denied him medical care; state how each individual acted with
deliberate indifference to Clark's serous medical needs;
and state how Clark was harmed by each individual's
Clark must allege additional facts to support a medical care
claim, IT IS ORDERED that Clark file an amended complaint
within 30 days of the date of this Order specifically
providing the information outlined above, or dismissal of
this action ...