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Clark v. Concordia Parish Correctional Facility

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

September 12, 2019

DAVID WADE CLARK, Plaintiff
v.
CONCORDIA PARISH CORRECTIONAL FACILITY, Defendant

          DEE D. DRELL, JUDGE.

          REPORT AND RECOMMENDATION

          JOSEPH H.L. PEREZ-MONTES, UNITED STATES MAGISTRATE JUDGE.

         Before the Court is a civil rights Complaint and several Amended Complaints under 42 U.S.C. § 1983 (Docs. 1, 8, 15, 16) filed by pro se Plaintiff David Wade Clark (“Clark”). Clark is a pretrial detainee who was housed at the Concordia Parish Correctional Facility (“CPCF”) when he filed the Complaint. Clark alleges that he was denied adequate medical care in violation of the Constitution; was wrongfully placed in segregation following a shakedown; and experienced the loss of personal property at CPCF. Clark names as Defendants Lance Moore, George Byrnes, Lt. Taylor, Macky Stockstill, CPCF, and the Medical Staff at CPCF. (Doc. 16).

         Because Clark cannot state a claim against CPCF and its medical department, his claims against those entities should be DENIED and DISMISSED WITH PREJUDICE. Additionally, Clark's claims for lost or stolen property, and for his placement in segregation, should be DENIED and DISMISSED WITH PREJUDICE. Clark's medical care claim against the remaining Defendants will be served according to a separate order.

         I. Background

         Clark alleges that he broke his finger when he punched a wall in his dorm. (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 the following day. (Doc. 1, p. 3). Clark states that his hand was fractured in three different areas. (Doc. 1, p. 3).

         After being treated at the hospital, Clark's hand worsened. Days later, his fingers became numb and swelling increased. (Doc. 1, p. 3). Clark alleges that he wrote daily requests for medical treatment from March 2-5, 2019, which were ignored. (Doc. 16, p. 1). Finally, Lt. Taylor “brought [Clark] some random antibiotic from another person.” (Doc. 1, p. 4).

         On March 6, 2019, Clark was transported to Jennings for a court appearance. (Doc. 16). When he arrived in Jennings, Clark was transported to Jennings Hospital, where he was diagnosed with cellulitis and a staph infection. (Doc. 16, p. 1). Clark alleges that he was prescribed oral antibiotic, antibiotic ointment, and instructed to follow up with a doctor in 48 hours. (Doc. 16, p. 1).

         Clark was not examined by the physician at CPCF until March 14, 2019, and Defendants did not provide him with any of the prescribed medication. (Doc. 16, p. 1).

         On March 29, 2019, Clark was transported to Ochsner in Monroe, Louisiana. Clark alleges that radiology reports indicated a fracture and osteomyelitis. (Doc. 16, p. 1). He was prescribed clindamycin four times per day for six weeks. (Doc. 16, p. 1). Clark alleges that he was not transported to his follow up appointment scheduled for April 19, 2019, and he was not provided the antibiotic as directed. (Doc. 16, p. 1).

         Clark alleges that he submitted eight requests for medical treatment in the month of April 2019, which were unanswered. (Doc. 16, p. 1). Although Warden Moore and Chief Byrnes saw Clark's finger and claimed they would “get it handled, ” Clark's requests for medical care were ignored. (Doc. 16, pp. 1-2).

         On May 10, 2019, Clark asked Chief Byrnes to bring him to the medical department. According to Clark, Defendant Stockstill said there was nothing wrong with Clark's finger. (Doc. 16, p. 2).

         On June 7, 2019, Clark was examined at Ochsner in Monroe. (Doc. 16, p. 2). According to the medical records submitted by Clark, lab results indicated osteomyelitis. (Doc. 16-1, p. 5). Clark was to follow up around July 19, 2019.

         Clark alleges that his condition has worsened because of the denial or delay of medical care and ...


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