United States District Court, W.D. Louisiana, Alexandria Division
H.L. PEREZ-MONTES, UNITED STATES MAGISTRATE JUDGE
the Court is a Complaint (Doc. 14) filed by pro se
Plaintiff Bobby Wade (“Wade”) (#94252-111) under
Bivens v. Six Unknown Agents of the Federal Bureau of
Narcotics and the Federal Tort Claims Act
(“FTCA”). Wade is an inmate in the custody of the
United States Bureau of Prisons (“BOP”),
incarcerated at the United States Penitentiary –
Allenwood in White Deer, Pennsylvania. Wade complains that he
was denied adequate medical care while incarcerated at the
United States Penitentiary in Pollock, Louisiana
Wade must provide additional documents to support his claim,
IT IS ORDERED that Wade AMEND his Complaint (Doc. 14).
alleges that he was assigned a top bunk bed while housed in
the Special Housing Unit (“SHU”) at the United
(“USP-Victorville”). (Doc. 7, p. 11). Wade fell
from while trying to climb into the bed on February 16, 2017.
(Doc. 7, p. 11). Six days later, he was examined by a
physician assistant, who took X-rays of Wade’s knee.
(Doc. 7, p. 12). Because the X-rays showed a potential tear
of the ACL, the physician assistant submitted a request for
an urgent consultation with an orthopedic specialist. (Doc.
9, p. 12).
April 6, 2017, Wade was transferred from USP-Victorville to
USP- Pollock. (Doc. 7, p. 14). Upon his arrival, medical
staff performed an initial medical assessment and
“verified and recorded” Wade’s injury and
the “need for follow-up medical care.” (Doc. 7,
alleges that Physician Assistant Mitchell “deliberately
altered, changed or otherwise manipulated Wade’s
medical records to reflect that his injury did not require
‘urgent’ but rather ‘routine’ medical
care.” (Doc. 7, p. 14).
saw Defendant Mitchell again on April 14, 2017, and Mitchel
scheduled an appointment for an orthopedic specialist to
examine Wade and perform an MRI. (Doc. 7, p. 14). The
orthopedic specialist agreed that a diagnostic MRI was
medically indicated to determine the exact nature and extent
of Wade’s injury to his knee. (Doc. 7, p. 15). For the
next six months, Wade waited for an MRI and filed
“numerous administrative grievances regarding the
denial of medical care, including the excessive delay in him
receiving the approved diagnostic MRI.” (Doc. 7, p.
was “threatened with adverse action, including being
placed in segregated housing, by Defendant Gotreaux, for
having filed numerous administrative grievances” and
for “potentially refusing to withdraw the
grievances.” (Doc. 7, p. 15). Wade alleges that,
because he refused to withdraw the grievances, Defendant
Gotreaux placed Wade in the SHU on “trumped-up”
contentions and without a bottom-bunk pass. (Doc. 7, p. 16).
Wade was found “not guilty” of the
“trumped-up” charge. (Doc. 7, p. 17). While in
the SHU, Wade’s personal property was destroyed and
stolen. (Doc. 7, p. 16).
alleges that he informed Warden Johnson and Associate Warden
Maldonado that his injury was worsening. (Doc. 7, p. 16).
Wade also allegedly advised Assistant Health Services
Administrator Derrick, Trip Coordinator Brown, Warden
Johnson, Associate Warden Maldonado, Lt. Gotreaux, Lt. Moore,
Dr. Garcia, and Physician Assistant Mitchell that he was
being denied a bottom bunk, which was causing further injury
to his left knee. (Doc. 7, p. 16). Wade informed Defendants
that he was in severe pain and requested medical care. (Doc.
7, p 16).
in the SHU, Wade also developed fever, chills, nausea,
vomiting, and a rash. (Doc. 7, p. 18). An X-ray of
Wade’s stomach revealed a lesion. (Doc. 7, p. 17).
November 2017, Wade received the MRI of his knee, which
indicated a horizontal tear of the ACL with a suggestion of a
prior partial tear. (Doc. 7, p. 18).
was then transferred to another prison. During the transfer,
Wade was “handcuffed and shackled for twelve hours or
more . . . which caused excruciating ...