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Robertson v. Coley

United States District Court, W.D. Louisiana, Lake Charles Division

September 23, 2019

ALBERT VERNON ROBERTSON D.O.C. # 241116
v.
WARDEN COLEY, ET AL

         SECTION P

          JAMES D. CAIN, JR., JUDGE

          REPORT AND RECOMMENDATION

          KATHLEEN KAY, UNITED STATES MAGISTRATE JUDGE

         Before 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.

         The 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.

         I.

         Background

         Robertson 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 (“ACC”).

         On 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.

         The 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.

         Later 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.

         Plaintiff filed suit against Nurses Poullard and Campbell, as well as ACC, Warden Coley [sic][1] and Nurse West[2], under 42 U.S.C. § 1983, seeking compensatory damages and injunctive relief in the form of termination of the nurses.

         II.

         Legal ...


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