United States District Court, W.D. Louisiana, Alexandria Division
REPORT AND RECOMMENDATION
H.L. PEREZ-MONTES, UNITED STATES MAGISTRATE JUDGE.
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).
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
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).
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).
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).
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).
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.
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).
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).
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.
alleges that his condition has worsened because of the denial
or delay of medical care and ...