Grandpre v. Correct Health
| Decision Date | 29 August 2016 |
| Docket Number | CIVIL ACTION NO. 16-1543 SECTION "F"(4) |
| Parties | PETER ANTHONY GRANDPRE, JR. v. CORRECT HEALTH, ET AL |
| Court | U.S. District Court — Eastern District of Louisiana |
Before the Court are the following matters: Motion to Dismiss (Rec. Doc. No. 6) filed by defendant CorrectHealth Jefferson, LLC; Motion to Dismiss Pursuant to Fed. Rule Civ. P. 12(B)(4) & (5) (Rec. Doc. No. 9) filed by defendants Dana McLondon, LRN Toni and LRN James; Motion to Dismiss (Rec. Doc. No. 10) filed by defendant Kelly Harris. These motions and the underlying matter were referred to a United States Magistrate Judge to conduct a hearing, including an evidentiary hearing, if necessary, and to submit proposed findings and recommendations for disposition pursuant to 28 U.S.C. § 636(b)(1)(B) and (C), § 1915e(2), and § 1915A, and as applicable, 42 U.S.C. § 1997e(c)(1) and(2). On April 8, 2016, the Court conducted a hearing pursuant to Spears v. McCotter,1 and its progeny, with the plaintiff and counsel for the defendants participating by conference telephone call.2 Upon review of the entire record, the Court has determined that the motions and this matter can be disposed of without an evidentiary hearing.
The plaintiff, Peter Anthony Grandpre, Jr. ("Grandpre"), is an inmate housed in the Jefferson Parish Correctional Center ("JPCC") in Gretna, Louisiana. Grandpre filed this pro se and in forma pauperis complaint under 42 U.S.C. §1983 against the defendants, CorrectHealth Jefferson, LLC, ("CorrectHealth"), Cindi Lachney, Kelly Harris, Dana McLondon, LRN Toni, and LRN James, asserting that he was denied adequate medical care.
Grandpre alleges that, on April 25, 2015, he reported that he slipped in water on the floor of his cell and called for medical help. The defendant, Nurse James, arrived accompanied by two deputies. He borrowed a black flashlight from one deputy and asked the deputies to hold Grandpre's legs. Nurse James then proceeded to cut the bottom of Grandpre's left foot until it bled. As a result of his injuries, Grandpre claims that he filed numerous medical care request forms to see a doctor. When his requests were denied, he filed an administrative grievance.
Grandpre also claims that, on the same day, he was choked with two hands by a deputy in front of Nurse Dana McLondon and Nurse Toni and nothing was done.
Beginning May 8, 2015, Grandpre alleges that he noticed blood in his stool and bleeding in his rectum area. The deputies on the pod had him sent to the medical department where he was seen by Nurse Dana. She placed him on medication and did nothing else.
Grandpre further claims that after this incident, he wrote his attorney to complain that he had not seen a doctor for medical care since the April 25, 2015, injury to his foot. He was seen on June 5, 2015, which was two days after his attorney wrote a letter to the prison. He was seen that day by a doctor from CorrectHealth at the JPCC about the blood in his stool. He alleges that the doctor ordered blood work, stool samples and set a follow-up appointment on August 3, 2015.
When Grandpre was seen on August 3, 2015, he reported continued problems with rectal bleeding. Grandpre also told the doctor that the medication he was taking did not agree with him. Grandpre claims that the doctor reordered the blood work and stool samples.
Grandpre claims that, on August 15, 2015, he had a medical emergency arise and asked to be seen by the medical staff. Nurse Dana told the deputy to have Grandpre complete a sick call request. Upon receiving the message from the tier deputy, Grandpre asked the deputy to call the medical department again and tell them that his medical information was confidential. His request to be seen was denied. When he was finally taken to the medical unit that afternoon, Nurse Dana did the blood work and had Grandpre returned to his cell. Two days later, he filed a grievance complaint to complain about the medical department.
Grandpre further alleges that, on December 18, 2015, he visited with a doctor by video and was informed that blood was found in his stool. The doctor advised him that he would be given medication for heartburn. Grandpre states that he told the doctor he did not have heartburn. The doctor told Grandpre he would be referred to a specialist.
As a result of the foregoing, Grandpre seeks monetary damages for his physical and emotional injury, pain, and losses.
Attached to Grandpre's complaint are several administrative grievance complaints referenced in the complaint. A review of these documents reflects that, on August 15, 2015, Grandpre lodged two complaints against deputies related to the disclosure of his medical information and the requirement that he complete a sick call complaint when he intended to declarea medical emergency.3 The Grievance No. 1508062 indicates that it was "refused."4 The response to Grievance No. 1508064 indicates that his claims were unfounded.5
On August 17, 2015, Grandpre complained in one grievance that a deputy improperly refused to call for a nurse and threatened him if he continued to ask.6 This complaint was marked "refused."7
That same day, Grandpre complained in another grievance about the treatment for his complaints of blood in his stool, his dislike for the medication prescribed, and the delayed testing.8 This complaint was also "refused."9
In a third grievance filed August 17, 2015, Grandpre complained that he was not receiving adequate care for his rectal bleeding.10 In a response dated September 4, 2015, defendant Kelly Harris responded indicating that Grandpre was being repeatedly seen by the chronic care doctor for his complaints and that Grandpre was refusing to provide the necessary stool samples for testing.11
In another grievance, dated May 6, 2015, Grandpre claimed that he slipped and fell on April 25, 2015, and needed to see a doctor.12 The response from defendant Cindi Lachney indicated that Grandpre was seen for his complaints on April 30, 2015, and was continuing to be seen for a preexisting back and neck injury.13
Grandpre testified that he is a pretrial detainee awaiting trial on drug charges following his arrest on January 15, 2015. He further testified that, on April 25, 2015, he got out of his bunk to get ready for roll call and slipped on the wet floor of his cell, causing him to reinjure his back and neck. At the time, he was on administrative lockdown. His cellmate called for the deputies on the tier. Sergeant Barrion, Deputy A. Siv, Deputy McGinney, Deputy Parker, and Nurse James entered the cell and told him to get up. When he told them that he could not, Nurse James had the deputies hold Grandpre down, and he used a flashlight with spikes to push on the bottom of Grandpre's foot. Grandpre resisted when the flashlight cut into his foot. Grandpre claimed that the bottom of his foot began to bleed. The deputies then placed him on the bunk and Nurse James tried to take his blood pressure. Grandpre said he became aggravated and resisted the nurse's efforts. The deputies then applied force to hold him down. After Nurse James left the cell, Sergeant Barrion had him moved to another cell where he was placed on a bunk with no mattress. Grandpre pulled on Barrion's arm and asked for help, and Barrion's elbow hit Grandpre in the nose when he pulled his arm away.
Grandpre further stated that other inmates noticed that he was bleeding from the nose and called for help. Nurse Toni (whose last named was identified by Grandpre as Carter), Nurse Crystal, Sergeant B. Lee and Sergeant Barrion returned to see him. The nurses cleaned his face and took notes about the incident. Grandpre stated that he asked for pain medication, and the nurse told him to wait for his regular pain medication.
Grandpre stated that he remained in cell four and was not returned to cell nine where he had been. When he was allowed his one hour out of the cell, he limped to the table and told the tier deputy he wanted to see someone from the Security Investigation Unit ("SIU") or a ranking officer other than Sergeant Barrion. He was told no one would see him and he then refused to return to his cell. Soon, Sergeant Barrion, Deputy McGinney, Deputy Siv, and Deputy E. Glade arrived to get Grandpre back to his cell. Grandpre told the officers he was in pain and had copies of his medical records to show them. Sergeant Barrion refused to look at them. As Grandpre continued to complain and limp to his cell. He claims that the Sergeant snatched the records, threw them on the floor, and stepped on them. He then punched Grandpre in the face. The other deputies then dove on him and pushed him onto the bunk. Grandpre claimed that the officers pulled his arms back, locked his legs with a night stick, and held him down with their knees on his back. He was placed in handcuffs, which were so tight they caused his wrists to swell and bruise. Deputies E. Glad and McGinney then escorted him me out of the cell to take him to the medical unit. Grandpre complained that his arm was hurt and, at some point, Deputy McGinney slammed him against the wall. Deputy Siv then choked Grandpre by the neck and Grandpre pulled the food cart over. At that time, Deputy Siv punched Grandpre.
Grandpre claimed that Sergeant Barrion and Deputy Glade stood by watching and did not stop the other deputies. Grandpre stated that he threatened Sergeant Barrion with a lawsuit, and the Sergeant dismissed the warning.
On the way to the medical unit, Grandpre stated that the deputies told him to face the back of the elevator. Grandpre was aggravated so he did not turn all the way. Deputy Siv then forcibly turned his head causing his face to hit the wall injuring his mouth.
In the medical unit, he was seen by Nurse Dana and Nurse Toni. While they tried to take his blood pressure, he told the nurses that Deputy Siv "hit like a bitch." The deputy then choked Grandpre in front...
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