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 under 42 U.S.C. §
1983 filed by pro se Plaintiff Jarvis Brown
(“Brown”) (#710737). Brown is an inmate in the
custody of the Louisiana Department of Corrections
(“DOC”), incarcerated at the Louisiana State
Penitentiary in Angola, Louisiana. Brown alleges that he was
subjected to excessive force while incarcerated at the
Raymond Laborde Correctional Center.
Brown fails to state a claim against Defendants LeBlanc,
McCain, and Duplechain, the claims against them should be be
DENIED and DISMISSED WITH PREJUDICE.
alleges that “an incident arose” between himself
and another offender during which Brown threw feces on the
offender. (Doc. 24-1, p. 12). Captain Easterling responded to
the incident and ordered Brown to approach the tier bars to
be restrained. (Doc. 24-1, p. 6). Brown did not comply
because he was afraid that Captain Easterling would use
unnecessary or excessive force. (Doc. 24-1, p. 6). Brown
alleges that Captain Easterling sprayed Brown with Mace, and
then Brown complied. (Doc. 24-1, p. 6). Brown alleges that,
after he was restrained, Colonel Bonnette sprayed him with
Mace over five times, and Captain Easterling watched. (Doc.
13, p. 3). Brown allegedly requested emergency medical
treatment, but Lt. Duplechain only provided him with eye
solution to rinse his eyes. (Doc. 1, p. 4).
received disciplinary reports for defiance, aggravated
disobedience, aggravated fighting, and unsanitary practices.
(Doc. 24-1, p. 16). Brown alleges that he lost good time as a
result of a disciplinary conviction, but he does not know
which of the disciplinary convictions resulted in the loss of
good time. (Doc. 24-1, p. 15).
Law and Analysis
Brown's Complaint is subject to screening under
§§ 1915(e)(2) and 1915A.
is a prisoner who has been allowed to proceed in forma
pauperis. Title 28 U.S.C. § 1915A provides for the
preliminary screening of lawsuits filed by prisoners seeking
redress from an officer or employee of a governmental entity.
See Martin v. Scott, 156 F.3d 578, 579-80
(5th Cir. 1998) (per curiam); Rosborough v. Mgmt. and
Training Corp., 350 F.3d 459, 461 (5th Cir. 2003).
Because Brown is proceeding in forma pauperis, his Complaint
is also subject to screening under § 1915(e)(2). Both
§§ 1915(e)(2)(B) and 1915A(b) provide for sua
sponte dismissal of a complaint, or any portion thereof,
if the Court finds it is frivolous or malicious, if it fails
to state a claim upon which relief may be granted, or if it
seeks monetary relief against a defendant who is immune from
Brown fails to state a medical care claim against Lt.
officials violate the Eighth Amendment's proscription
against cruel and unusual punishment when they act with
“deliberate indifference” to the serious medical
needs of prisoners. See Farmer v. Brennan, 511 U.S.
825, 834, (1994); Estelle v. Gamble, 429 U.S. 97,
105 (1976). Deliberate indifference “is an extremely
high standard to meet.” Gobert v. Caldwell,
463 F.3d 339, 346 (5th Cir. 2006) (citation omitted). An
inmate must show that prison personnel “refused to
treat him, ignored his complaints, intentionally treated him
incorrectly, or engaged in any similar conduct that would
clearly evidence a wanton disregard for any serious medical
needs.” Domino v. Tex. Dep't Crim. J., 239
F.3d 752, 756 (5th Cir. 2001) (quoting Johnson v.
Treen, 759 F.2d 1236, 1238 (5th Cir. 1985)).
claims that Defendant Duplechain denied Brown adequate
medical care by only providing Brown with eye rinse solution
to wash his eyes. Brown does not specify what additional
medical care he believes he should have received. Brown
clearly disagrees with the nature of treatment he received,
but such a disagreement does not establish a constitutional
violation. See Norton v. Dimanzana, 122 F.3d 286,
292 (5th Cir. 1997); Banuelos v. McFarland, 41 F.3d
232, 235 (5th Cir. 1995); Varnado v. Lynaugh, 920
F.2d 320, 321 (5th Cir. 1991).
Brown fails to state a claim against James LeBlanc ...