Carter v. Derr
| Decision Date | 19 June 2019 |
| Docket Number | CIVIL ACTION NO. 18-0068 Section P |
| Parties | LANE CARTER v. JACQUE DERR, ET AL. |
| Court | U.S. District Court — Western District of Louisiana |
Before the undersigned magistrate judge, on reference from the District Court, are three motions for summary judgment, enumerated and identified by defendant, as follows: 1) Winn Parish Police Jury [doc. # 49]; 2) Cranford Jordan [doc. # 59]; and 3) Andy Brown and LaSalle Corrections [doc. # 64]. The motions are opposed. For reasons set forth below, it is recommended that the Winn Parish Police Jury's motion for summary judgment be GRANTED, and that the remaining motions be GRANTED-IN-PART and DENIED-IN-PART.
Plaintiff pro se Lane Carter, who is proceeding in forma pauperis in this matter, filed the instant civil rights complaint pursuant to 42 U.S.C. § 1983 on January 18, 2018, against defendants, Judge Jacque Derr, Winn Parish Sheriff Cranford Jordan, the Winn Parish Jail, and the Jackson Parish Correctional Center ("JPCC").
Carter, who, during the relevant period, was a pretrial detainee at the Winn Parish Jail and the Jackson Parish Correctional Center ("JPCC"), complains that on August 20, 2017, he fell in the shower at the Winn Parish Jail when his foot caught in a broken milk crate that the facility had placed on the shower floor because of poor drainage. He further complains that, after his fall, Winn Parish Sheriff Cranford Jordan delayed calling an ambulance for at least two hours. Meanwhile, Carter was required to remain on the concrete floor wrapped in a wet shower curtain.
Upon his release from the Winn Parish Medical Center later that same evening, Carter was advised to schedule an appointment with his primary physician within the next two to three days. However, Carter never received any further medical care at the Winn Parish Jail -- purportedly because Sheriff Jordan would not authorize it.
On September 5, 2017, Carter was transferred from the Winn Parish Jail to the JPCC. Despite several sick call requests, he was not seen by a facility nurse for several days whereupon on September 13, 2017, he was transported to the Jackson Parish Hospital. Carter underwent diagnostic testing at the hospital, including x-rays of the cervical and lumbar spine. Upon review, the emergency room physician advised Carter to see a neurosurgeon for an immediate consult.
Aside from ibuprofen, Carter did not receive any further medical attention until October 12, 2017, when he was seen by the JPCC's physician. Once the facility physician learned that Carter was a pretrial detainee, however, she allegedly refused to treat him.
During the month of October 2017, Carter's condition deteriorated. He was removed from the general population because he could not walk to eat meals, and placed in "medical infirm," which turned out to be cells for inmates on suicide watch. Whilst in the suicide cell, it became too difficult for Carter to walk, and so he was provided a walker initially, and then a wheelchair. Because he was in "medical infirm," he lost his prison privileges.
On Friday, October 27, 2017, Carter was permitted to take a five-minute shower by himself with his walker and a plastic chair. During the shower, however, Carter lost his balance, slipped and fell, and hit his back and shoulder on the ground, knocking himself out momentarily. The guard overseeing the shower instructed other inmates to carry Carter to his cell, and told him that he could not receive medical treatment until Monday when a nurse was present on site.
On October 30, 2017, Carter filled out a sick call request regarding his fall on the 27th. Later that evening, Carter was transported to the LSU Shreveport Medical Center emergency room where he was seen by an on-duty physician, a neurosurgeon, and a neurologist. More tests and scans were run. Upon discharge, an emergency room physician prescribed physical therapy and referred Carter to two outpatient clinics. Upon his return to the JPCC, a nurse told Carter that "there was no order for any form of therapy . . ."
Guards intermittently deprived Carter of his wheelchair—from several hours to several days—in November of 2017, which forced him to crawl to the toilet and prevented him from showering and using the telephone. He once was deprived of a shower for nine days because "the guard didn't want to bother finding a wheelchair and folding chair . . ." Also, a nurse "ordered" Carter to be "taken to the handicap shower in the building, but no one ever took [him] there." He "had several minor falls" when he attempted to walk to the toilet. Carter was "not offered any treatment," and instead was told to call his fellow inmates for assistance.
Carter also claims that his cell at the JPCC was not accessible for the mobility-impaired. He had to crawl up a ladder to his bunk bed "until one of the nurses ordered [him] into a lower" bunk. He later was transferred to a suicide cell that lacked hand railings. Thereafter, he was transferred to another cell that lacked hand railings and that had a toilet "10 feet from the bunks." He was transferred yet again to "general population," which lacked facilities for him to access the ice chest, microwave, and telephone.
Carter asserted that "guards" took his wheelchair again on December 3, 2017, and did not return it until the following day, thus forcing him to crawl to the toilet. The guards took his wheelchair yet again on December 5, 2017.
Plaintiff alleged that the facility did not have a wheelchair accessible transportation vehicle. Therefore, officials had to throw him in and out of the vehicle. He endured this treatment "multiple times . . ." He also had to "trust fall" out of the vehicle into the guards' arms, but the guards occasionally missed and dropped him.
Carter was "taken to a neurosurgery clinic appointment" on December 28, 2017, and admitted to hospital until December 30, 2017. Carter stated, without explanation, that "medication orders have not been followed by [the] facility . . ."
Carter maintains that various medical professionals refused to treat him—or have delayed treatment—because he is a pretrial detainee and the Sheriff(s) will not authorize off-site care. Carter alleged that care for detainees is subject to the Sheriff's discretion. The Sheriff continues to refuse to authorize "any ordered treatment for any injuries [Plaintiff] sustained" while in his custody, "especially for injuries originating in August that have worsened drastically." While Carter admits that he visited the emergency room "several times" and visited a clinic, he claims that he is not receiving any treatment that doctors have prescribed.
Carter alleged that he injured his back, head, and shoulder. He also remains unable to walk or stand because of numbness in his left leg; he suffers pain and numbness throughout his body; he is unable to control his bladder; he is unable to maintain an erection; he has gained an excessive amount of weight; and he has experienced various forms of mental distress.
Carter amended his Complaint on May 16, 2018, and named additional defendants: the Winn Parish Police Jury, Allen Michael McCartney, LaSalle Corrections, Sheriff Andy Brown, and Warden Timothy Ducote. Carter again amended his complaint on June 5, 2018. He alleged that he was taken to a clinic visit at University Health in May 2018. The physician asked him whether physical therapy was effective. Carter replied that he had not received any therapy.
Carter seeks medical treatment for his physical and mental injuries, as well as an unstated amount of compensatory damages.
On June 13, 2018, the undersigned issued a report recommending dismissal of plaintiff's request/claim for this court to intervene in his state court prosecution, as well as his claims against defendants, Jacque Derr, Timothy Ducote, and Allen Michael McCartney. (June 13, 2018, Report & Recommendation [doc. # 21]).1 The court contemporaneously ordered service on defendants, Cranford Jordan, Winn Parish Police Jury, LaSalle Corrections, and Andy Brown. (June 13, 2018, Mem. Order [doc. # 20]).2
Between August 6-8, 2018, remaining defendants, Cranford Jordan, Winn Parish Police Jury, Andy Brown, and LaSalle Corrections, filed answers to the suit. See Answers [doc. #s 26, 28-29].
On November 6, 2018, the Winn Parish Police Jury filed the instant motion for summary judgment seeking dismissal of plaintiff's claims. [doc. # 49]. On December 4 and 7, 2018, defendants, Cranford Jordan, Andy Brown, and LaSalle Corrections, filed their respective motions for summary judgment. [doc. #s 59 & 64]. Plaintiff filed responses in opposition to each of the motions. [doc. #s 54, 67, & 69]. Some movants filed reply briefs. [doc. #s 57, 68]. The matter is ripe.
Summary judgment is appropriate when the evidence before the court shows "that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). A fact is "material" if proof of its existence or nonexistence would affect the outcome of the lawsuit under applicable law in the case. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). A dispute about a material fact is "genuine" if the evidence is such that a reasonable fact finder could render a verdict for the nonmoving party. Id.
"[A] party seeking summary judgment always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of 'the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,' which it believes demonstrate the absence of a genuine issue of material fact." Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986) (quoting Anderson, 477 U.S. at 247). "The moving party may meet its burden to demonstrate the absence of a genuine issue of material fact by pointing out that...
To continue reading
Request your trial