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Wade v. Quintana

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

September 25, 2019

BOBBY WADE, Plaintiff
v.
FRANCISCO J. QUINTANA, ET AL., Defendants

          JUDGE DRELL

          MEMORANDUM ORDER

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

         Before 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[1] 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 (“USP-Pollock”).

         Because Wade must provide additional documents to support his claim, IT IS ORDERED that Wade AMEND his Complaint (Doc. 14).

         I. Background

         Wade alleges that he was assigned a top bunk bed while housed in the Special Housing Unit (“SHU”) at the United States Penitentiary–Victorville (“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).

         On 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, p. 14).

         Wade 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).

         Wade 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. 15).

         Wade 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).

         Wade 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).

         While 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).

         In 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).

         Wade was then transferred to another prison. During the transfer, Wade was “handcuffed and shackled for twelve hours or more . . . which caused excruciating ...


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