United States District Court, W.D. Louisiana, Lake Charles Division
ALBERT VERNON ROBERTSON D.O.C. # 241116
WARDEN COLEY, ET AL
D. CAIN, JR., JUDGE
REPORT AND RECOMMENDATION
KATHLEEN KAY, UNITED STATES MAGISTRATE JUDGE
the court are cross-Motions for Summary Judgment [doc. 22,
24] filed by defendants, Romana Poullard and Hilda Campbell,
and the plaintiff, Albert Robertson, now ripe for review.
motions for summary judgment have been referred to the
undersigned for review, report, and recommendation in
accordance with the provisions of 28 U.S.C. § 636. For
reasons stated below IT IS RECOMMENDED that
the plaintiff's motion for summary judgment [doc. 24] be
DENIED, the defendant's motion for
summary judgment [doc. 22] be GRANTED and
that claims against Romana Poullard and Hilda Campbell be
DISMISSED WITH PREJUDICE.
is an inmate in the custody of the Louisiana Department of
Public Safety and Corrections. He is currently incarcerated
at Dixon Correctional Center in Jackson, Louisiana. His
complaint concerns events that occurred while he was
incarcerated at Allen Correctional Center
August 6, 2017, plaintiff requested an emergency sick call
and was seen and evaluated by Nurse Romana Poullard.
See Affidavit of Romana Poullard, Doc. 22, att. 2,
p. 2, ¶¶ V, VI; see also Medical Records,
Doc. 22, att. 2, pp. 5-6. Nurse Poullard, following Geo's
correctional healthcare service nursing assessment protocol,
obtained plaintiff's vital signs and administered
medication in response to his complaints of diarrhea, nausea,
vomiting and a soft abdomen. Id. The medical records
reveal that his temperature was 98.3 degrees Fahrenheit and
his blood pressure was 134/88. Id. Plaintiff
believed he may be suffering from food poisoning.
Id. He was instructed to take the medication
prescribed, Pepto bismuth, and stay on a clear liquid diet
for 24 hours. Id.
following day, August 7, 2017, plaintiff was seen by Nurse
Hilda Campbell for another emergency sick call request. Doc.
22, att. 4, pp. 10-11. He again complained of food poisoning,
and that his prostate and back hurt. Id. Again, the
nursing protocol was followed, and Nurse Campbell took his
blood pressure, which was 137/91, and his temperature, which
read 98.1 degrees Fahrenheit. Id. After speaking
with the nurse practitioner over the phone, Nurse Campbell
administered Flomax and Cipro. Id.
that day, plaintiff “went into a cold sweat, ”
could not breathe, and called security for assistance. Doc.
24, p. 4. Medical staff came with a stretcher and plaintiff
was assessed. Nurse Poullard took Robertson's blood
pressure, which read 101/65. It was then taken again,
manually, and read 90/54, and his temperature was 101.5
degrees. Doc. 22, att. 4, pp. 3, 12, 13; see also
Doc. 22, att. 2, p. 2, ¶ VI. Due to his sudden drop in
blood pressure and unresponsiveness, and Nurse Poullard's
concern that he may be suffering from a heat stroke, 911 was
called and plaintiff was transported by ambulance to Lake
Charles Memorial Hospital and admitted at 22:15. Doc. 22,
att. 2, pp.3-4; Doc. 22, att. 4, pp. 5-7; Doc. 22, att. 2, p.
2, ¶ VI.
filed suit against Nurses Poullard and Campbell, as well as
ACC, Warden Coley [sic] and Nurse West, under 42 U.S.C. §
1983, seeking compensatory damages and injunctive relief in
the form of termination of the nurses.