United States District Court, W.D. Louisiana, Lake Charles Division
D. CAIN, JR. UNITED STATES DISTRICT JUDGE
October 15, 2019, this cause came before the Court as a bench
trial, the Honorable Judge James D. Cain, Jr. presiding. The
parties have submitted their post-trial briefs as requested
and the matter is ripe for decision.
Ben Thompson, was an inmate at Allen Correctional Center
(“ACC”) in Kinder, Louisiana when the incident
that is the subject of this lawsuit occurred. During that
time, the ACC was being operated by Defendant, the GEO Group,
Inc. (“GEO”). Thompson is serving a thirty (30)
year sentence for armed robbery.
was transferred to Elayn Hunt Correctional Facility
(“EHCC”) on August 24, 2015.
February 13, 2015, Thompson was in the auxiliary kitchen of
ACC when a Styrofoam ceiling tile fell and struck him in the
head/neck area. According to Thompson, the Styrofoam tile
weighed just over a pound.
claimed physical injuries include neck pain, headaches,
facial pain, facial numbness, earaches, all over body burning
sensation, burning sensations in his feet, urinary problems,
burning in his penis, bowel problems, and pain behind his
eyes. Thompson is further seeking recovery for his medical
expenses that were incurred due to the February 13, 2015
only live witness at trial was Thompson. Thompson submitted
the deposition testimony of Dr. Samer Shamieh, his treating
physician; Dr. Shamieh performed a fusion at ¶ 6-7 on
March 28, 2019. GEO submitted the deposition testimony of Dr.
Johnathan Roundtree, the staff physician at EHCC who examined
and evaluated Thompson at that facility. GEO also submitted
the deposition testimony of Dr. John Noble who GEO retained
to perform a review of Thompson's treatment records.
submitted the following exhibits at trial:
Plaintiff's Exhibit A - Thompson Medical Records from
Plaintiff's Exhibit B - Thompson Sick Call Form dated
Plaintiff's Exhibit C - Thompson Medical and Billing
records from DISC of Louisiana
Plaintiff's Exhibit D - First Step Response Form
Plaintiff's Exhibit E - Photograph of ceiling tile at ACC
Plaintiff's Exhibit F-Thompson Medical Billings
Plaintiff's Exhibit G-Dr. Samer Shamieh deposition
GEO submitted the following exhibits at trial:
Defendant's Exhibit A - Allen Correctional
Administration, Complaint Defendant's Exhibit B - Medical
Records from ACC and EHCC
Defendant's Exhibit C - Dr. Noble's Report
Defendant's Exhibit D - Certification page, Conduct
Records, La. Dept. of Corrections, EHCC
Defendant's Exhibit D-1 - 08/30/15 Incident Report
Defendant's Exhibit D-2 - 5/30/2016 Incident Report
Defendant's Exhibit D-3 - 07/11/2016 Incident Report
Defendant's Exhibit D-4 - 12/26/2016 Incident Report
Defendant's Exhibit D-5 - 09/14/2017 Incident Report
Defendant's Exhibit D-6 - 11/11/2017 Incident Report
Defendant's Exhibit D-7 - 05/11/2018 ...