Matthews v. Lo

• Decision Date: 23 August 2022
• Docket Number: CIVIL ACTION 21-1862
• Parties: CODY MATTHEWS, ET AL. v. WILLIAM LO, ET AL.
• Court: U.S. District Court — Eastern District of Louisiana

CODY MATTHEWS, ET AL.
v.
WILLIAM LO, ET AL.

CIVIL ACTION No. 21-1862

United States District Court, E.D. Louisiana

August 23, 2022

SECTION “I” (2)

REPORT AND RECOMMENDATION

DONNA PHILLIPS CURRAULT UNITED STATES MAGISTRATE JUDGE

Plaintiffs Cody Matthews and Frank W. Beckendorf, III filed this complaint pro se and in forma pauperis pursuant to 42 U.S.C. § 1983 alleging excessive force, medical indifference, violation of medical privacy and inadequate nutrition against several Defendants, including Dr. William Lo, Dr. J. Ham, Captain Aaron Mendow, Deputy Jacob Spohrer, Deputy Mason Martinez, Deputy Boyet, Corporal J. Smith, Warden Daniel Fleischman, Sheriff Randy Smith, and Sergeant Cabbin. ECF Nos. 1, at 4; ECF Nos. 5, 6. Defendants filed an Answer on May 6, 2022. ECF No. 22. This matter was referred to the undersigned Magistrate Judge for a Report and Recommendation. 28 U.S.C. § 636(b)(1)(B); E.D. La. L.R. 73.2(A). Also pending before the Magistrate Judge on referral is Defendants Jose Ham and William Lo's Motion to Dismiss. ECF No. 18.

Having considered the record, including the complaint, § 1983 Fact Statements, Spears hearing testimony, and the applicable law, the undersigned recommends that Plaintiffs Matthews' and Beckendorf's claims regarding violation of medical privacy and lack of nutrition, as well as Plaintiff Matthews' claim of medical indifference, be DISMISSED WITH PREJUDICE, but that Plaintiff Matthews' claims of excessive force occurring on March 23-25, 2021 and August 26, 2021, be allowed to proceed. It is further recommended that Defendants Ham and Lo's Motion to Dismiss be GRANTED.

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I. BACKGROUND

A. Plaintiff Cody Matthews' Claims

Cody Matthews and Frank W. Beckendorf, III, two pretrial detainees housed at St. Tammany Parish Jail, filed this § 1983 suit alleging that each of them had experienced a medical doctor visit during which their privacy was violated and that the food at St. Tammany Parish Jail lacks the proper nutrition. ECF No. 1, at 4-6. Plaintiff Matthews also alleges two incidents of excessive force occurring on March 23-25, 2021 and August 26, 2021, as well as lack of medical care and stolen property following same. In his Fact Response Statement, Plaintiff Matthews names as Defendants Dr. William Lo, Dr. Jose Ham, Warden Daniel Fleischman, Sheriff Randy Smith, Deputy Daniel Boyet, Deputy Jacob Spohrer, Deputy Mason Martinez, Corporal Aaron Mendow, Deputy Adrian Brumfield, Sergeant Dussouy, Corporal J. Smith, and Sergeant Cabbin. ECF No. 11, at 1.

Plaintiff Matthews alleges that on October 29, 2020, he had a mental health doctor's appointment by video with Dr. William Lo, and that during his appointment, he was required to sit on a bench in St. Tammany Parish Jail and participate in the doctor's visit in front of other inmates and guards. ECF No. 1, at 4; ECF No. 11, at 1. Plaintiff Matthews alleges that the inmates and guards were within “earshot” of the conversation between him and Dr. Lo in which they discussed his current medication. ECF No. 1, at 4. Dr. Lo also spoke freely about Plaintiff's medications and medical condition. Id. Plaintiff Matthews stated he filed a grievance regarding this medical visit, to which Dr. Ham, Warden Fleischman, and Michael Sevante (counsel for Randy Smith) responded and ultimately deemed unfounded. Id.

Some time on March 23-25, 2021, Plaintiff Matthews alleges he was placed on a bench in handcuffs while a search of his housing unit occurred. ECF No. 1, at 5. He claims that after two

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hours of sitting on the bench and after all other detainees were brought back into their cells, he asked to go back into his housing unit which request was denied by Sgt. Cabbin. Id. When Plaintiff asked why his request was denied, Sgt. Cabbin and four other deputies grabbed him and tazed him while he was still in handcuffs. Id.; see also ECF No. 11, at 1. Sgt. Cabbin tightened his handcuffs which caused Plaintiff's hands to begin to turn purple. ECF No. 1, at 5. Plaintiff Matthews called for help several times before another deputy loosened the handcuffs. Id. Plaintiff remained on the bench for three more hours before deputies moved him to another bench for an additional hour before returning him to his cell. Id.; ECF No. 11, at 1 (stating he was on the bench for five hours). As a result of being handcuffed, Plaintiff Matthews states that he has experienced permanent nerve damage for his hand and wrist. ECF No. 1, at 5. He submitted a grievance which he says was ignored by Corporal J. Smith who is the first responding officer for non-medical grievance forms. Id. Plaintiff also alleges that deputies discarded his personal phone numbers and pictures during the search of the housing units. Id.

On August 26, 2021, when another search was occurring in Plaintiff's dorm at C-100, Plaintiff alleges he was targeted as deputies asked him to place his hands above his head and leave them there until they finished. ECF No. 1, at 5. Plaintiff states when he attempted to explain to the deputies that he suffers from a shoulder injury and cannot maintain that position for an extended period of time, several deputies escorted him into the hallway where they handcuffed Plaintiff. Id. These deputies included Corporal Aaron Mendow, Deputy Jacob Spohrer, Deputy Mason Martinez, and Deputy Daniel Boyet. Id. Plaintiff Matthews alleges that he complied with being handcuffed, but the deputies “hyperextended” his arms and shoulders while “forcing him down the hallway.” Id. at 5-6. He then complied with their orders to place his knees on a bench, but soon after, they further hyperextended his arms which caused Plaintiff to exclaim that the officers

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were hurting him to which Deputy Boyet responded with “vulgar insults” including “I'm the smallest in the group and I'm hurting you like a b****!” Id. at 6. The deputies then slammed Plaintiff onto his stomach on the ground and removed his clothes until his genitals were exposed. Id. The guards then left him on the bench for eleven hours. Id. Plaintiff claims this experience was a sexual assault, but he did not file a PREA report out of fear for being targeted. Id. After this incident, Plaintiff states he experiences “excruciating” pain in his shoulder on a daily basis and has submitted requests for medical care regarding his shoulder but has not been seen. Id.; ECF No. 11, at 2. Plaintiff also states that deputies discarded his wedding ring, but he received a receipt at a later date on August 31, 2021. Id.

Plaintiff also claims that the nutrition at the St. Tammany Parish Jail does not provide adequate vitamins, minerals, or fiber to nourish the inmates. ECF No. 1, at 6. He states a local dietician has incorporated vitamin supplements in the inmates' daily diets, but these supplements are only provided every other week and placed in large piles on the tables rather than being passed out to every inmate. Id.

Plaintiff seeks $3 million for physical injuries, mental anguish, and PTSD-like symptoms. ECF No. 1, at 7. Plaintiff also seeks injunctive relief to restrict negative influence on Plaintiffs' criminal cases and to restrict further physical retaliation from deputies. Id. He writes he is seeking “PREA report issued on offended officers,” and a temporary restraining order issued against St. Tammany Parish Sheriff's Office.^[1] He additionally seeks emergency medical treatment for his shoulder pain. Id.

Plaintiff Matthews attached a grievance response dated November 17, 2020 and response from Sheriff Randy Smith dated December 21, 2020, both finding his grievance on the October

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29, 2020 medical visit to be unfounded. ECF No. 1, at 8-9. Plaintiff also attached a response to a grievance he filed regarding the August 2021 excessive force claim. Id. at 11. Responding officer Sgt. Dussouy writes that “Inmate Matthews refused to comply with all deputies orders and became verbally and physically combative towards deputies. Inmate Matthews not only physically resisted deputies but would also threaten their lives along with the threatening to throw urine, spit, and feces on deputies ....” Id. Additionally, Sgt. Dussouy explains that the wedding ring is contraband, and Deputies took the wedding ring during the incident and gave Plaintiff Matthews a receipt. Id. Plaintiff also attached a grievance response from Warden Fleischman dated September 27, 2021 which indicates that a disciplinary hearing against Plaintiff regarding the August 2021 incident was pending. Id. at 12. As to medical care after that incident, the Warden wrote that a nurse provided care on 9/14/21 after which Plaintiff was provided medication for 7 days and told to follow-up if additional care was needed. Id.

B. Spears Hearing Testimony of Plaintiff Matthews

During the Spears hearing, Matthews explained that he named Dr. Lo and Dr. Ham in connection with his medical privacy claim. He stated that although medical visits normally occur in a medical room with the doctor, he had a medical visit with Dr. Lo that occurred via telehealth. For this telehealth visit, Matthews testified that he was placed on a bench in a hallway where two inmates stood nearby who were preparing lunch trays. Matthews stated he felt uncomfortable as Dr. Lo spoke freely about his medical conditions and the inmates and deputy in the hall could hear when they were speaking. Matthews was unaware of the reason he could not see the doctor in a

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medical room. He did not ask any officer to be moved. Matthews also named Dr. Ham as he is the head doctor at St. Tammany Parish Jail and thus, oversees the medical staff and care.

Matthews also alleged medical indifference against Dr. Ham for the delay he received in his medical care. He stated that on several occasions the medical care he received was significantly delayed after he filed forms requesting care. After the March 2021 incident, Plaintiff Matthews filed multiple forms requesting care...