Sawyer v. Stinson
| Decision Date | 19 July 2022 |
| Docket Number | Civil Action 22-0602 |
| Parties | MATTHEW CALEB SAWYER v. CHRIS STINSON, ET AL. |
| Court | U.S. District Court — Western District of Louisiana |
TERRY A. DOUGHTY JUDGE.
REPORT AND RECOMMENDATION
KAYLA D. MCCLUSKY MAG. JUDGE.
Plaintiff Matthew Caleb Sawyer, a prisoner at Madison Parish Correctional Center (“MPCC”) proceeding pro se and in forma pauperis, filed this proceeding on approximately March 2, 2022, under 42 U.S.C. § 1983. He names the following defendants: Warden Chris Stinson in his individual capacity, Major Tommy Farmers in his individual capacity Medical Director Jane Doe in her individual and official capacities, Lieutenant Fletcher in his individual capacity the unidentified owner of Security Management, LLC, in his or her individual and official capacities, and the unidentified owner of the medical company which “provides services for inmates at” MPCC in his or her individual and official capacities.[1]
For reasons that follow, the Court should retain Plaintiff's claims that Major Tommy Famers and Medical Director Jane Doe in their individual capacities, responded with deliberate indifference to his requests for medical care on February 7 and 9, 2022. The Court should dismiss the remaining claims.
Plaintiff arrived at MPCC in August 2021. [doc. # 5, p. 14]. He has cervical and lumbar spondylosis, which causes him extreme pain, arthritis, and compression “along his entire spinal column.” Id. at 3, 5. In August 2021 he informed a nurse during “intake” of all his medical concerns, including his cervical and lumbar spondylosis. [doc. # 21, p. 3].
Plaintiff asked to see a physician to obtain a prescription for “NSAID” to help reduce swelling in his spinal column. [doc. # 5, p. 5]. He suggests that he submitted his request in August 2021. Id. at 6-7.
Plaintiff alleges that he informed the medical director that he “was having very painful acid reflux and that he needed to be placed back on heartburn medicine[,]” but the medical director ignored him. Id. at 5. He suffered from pain that “could have damaged his esophagus.” Id.
Plaintiff “was unable to” obtain an increased dosage of Cymbalta even though it “was ordered by neurology.” Id.
Plaintiff attempted to inform the medical director in writing that “sometimes his tonsils swell up and he will have green mucus come out of his eyes for hours as if he had an infection.” Id. at 5-6. He claims that medical staff did not respond to his communication. Id.
Plaintiff states that in late 2021, he “was called out to D Dorm to have blood taken (14-panel).” [doc. # 21, p. 3]. He adds that “someone ordered this bloodwork ....” Id. He surmises that if the medical staff at MPCC ordered it, then “obviously” the staff was aware of his serious medical concerns. Id.
Plaintiff alleges that on November 8, 2021, he attempted to inform the medical director that he needed “to visit neurology[,]” to “have bloodwork conducted,” and to obtain “a viral load for” Hepatitis C. Id. at 4. He included addresses where his medical records could be located. Id. He claims that the medical director did not address his request. Id.
On December 12, 2021, Plaintiff “submitted a MEDICAL EMERGENCY ARP[,]”[2] in which he explained to “staff” that he “has cervical and lumbar spondylosis[,]” that arthritis is “‘eating [his] spine away,'” that he had acid reflux since February 2021 but was unable to see a doctor, that his tonsils swell occasionally and cause green mucus to emit from his eyes for hours, that he needs a Hepatitis C “viral load conducted[,]” and that he had a neurology appointment for either March or April 2021, but “the appointment was not fulfilled.” Id. at 4-5. Plaintiff claims that his emergency ARP was “not addressed by anyone at MPCC” and that a staff member returned his ARP with the notation, “Use proper form[.]” Id. at 5. Plaintiff alleges that the notation in the response proves that a medical staff member “was aware of his issues.” Id. at 14.
Plaintiff states that on December 27, 2021, he “wrote the medical director a request[,]” stating that his pain medications were “not on the cart[,]” that his spine hurt “bad[,]” that he needed hospital care because he was in serious pain, that he had “been asking to see the doctor for months[,]” that he endured withdrawals each time his Cymbalta medication was not refilled, that he needed hot cream for arthritis pain in his spine, that acid reflux was “killing” him, and that he needed to see a physician. Id. at 5-6. He claims that his “request was never addressed.” Id. at 6.
Plaintiff alleges that on January 16, 2022, he wrote a letter to the warden at MPCC, raising concerns about, inter alia “8th Amendment medical claims in regards to all his concerns [sic][,]” “access to court[,]” and the staff's failure to respond to his request forms or grievances. Id. Plaintiff claims that the warden did not respond to his letter. Id. He wrote the warden numerous times, but all his “requests/ARPs directed to the warden went unanswered.” Id. at 13. He claims that the warden “should ensure that the grievance procedure is being conducted properly ....” Id. He adds that “not receiving any of [his] letters or ARPs should not free [the warden] from liability for the constitutional violations that have occurred under his watch at MPCC[,]” including violations by Major Farmers, the medical director, and Lieutenant Fletcher. Id.
On February 6, 2022, Plaintiff sent the medical director a “medical request,” seeking an audience with a physician. [doc. # 5, p. 6]. On February 7, 2022, Plaintiff informed the medical director in person that he had “been writing her since August of 2021 about all of his concerns . . . .” Id. at 7. He also informed Major Farmers that the deadline for responding to his grievances passed and he had not received any responses. Id. The medical director and Major Farmers responded that “they had never received any of his request forms or complaints.” Id. The medical director told Plaintiff that he “would see the doctor the following week.” Id.
On February 9, 2022, the medical director informed Plaintiff that he would not receive any medication for his hemorrhoids, stating, “you need to eat more cornbread, you're too young for all these health concerns.” Id. Plaintiff informed the medical director that he had pain in his “throat area[,]” swelling, and green mucus discharging from his eyes for hours. Id. at 7-8. He informed her that he needed medication for his acid reflux. Id. at 8. He also informed her that he had cervical and lumbar spondylosis, that his condition was rapidly becoming worse, that he could feel his spine deteriorating, and that he suffered serious pain. Id. She responded that it was his “responsibility to provide her with all the information as to the location of his medical records ....” Id. Plaintiff states that he already gave her this information. Id. That said, he again provided locations of his records. Id. at 10.
Plaintiff alleges that the “following week came and went and [he] still did not get the opportunity to visit the doctor as promised by the medical director.” Id. at 8. Tentatively faulting the medical director and Major Farmers, he states that he “has been refused medical attention.” [doc. # 21, p. 13]. He states that Farmers was aware of his medical concerns. Id. The medical director ignored Plaintiff's complaints and denied him medication. Id. He suggests that Farmers and the medical director were aware of, yet ignored, his concerns. Id. at 14.
Plaintiff claims that MPCC does not have “an adequate system for” ensuring that prisoners are diagnosed and treated. [doc. # 5, p. 9]. He alleges that there are “systemic deficiencies in staffing, facilities, or procedures which” cause suffering. Id. He states that if the medical director did not receive any of his request forms or complaints for over six months, it was because he was “denied copies of ‘proper request forms' or ‘medical requests ....'” Id. He “was unable to make his medical problems known to” medical staff. Id.
Similarly, Plaintiff faults “the owner of Security Management, LLC, and/or the owner of the medical company who provides services for inmates at MPCC” for not having “an adequate system for ensuring that prisoners are diagnosed and treated.” [doc. # 21, p. 8]. He alleges that during his entire time at MPCC, he did not receive a meaningful response to any of his request forms or ARPs. Id. at 8-9. As above, the medical director and Major Farmers informed Plaintiff that “they never received any of his request forms/grievances”; consequently, Plaintiff alleges that he was “unable to make his medical problems known ....” Id. at 9. He also alleges that one “major deficiency” at MPCC is that inmates must provide the “location of their medical records[.]” Id. He alleges that the medical department should “have a means of obtaining” inmates' medical records “without making it inmates' responsibility to provide the location” of the records. Id.
Plaintiff informed Major Farmers that he needed access to his medical records to litigate a pending civil suit in the United States District Court, Eastern District of Louisiana. [doc. # 5, p. 10]. He claims that Farmers “informed him that only an attorney is allowed access ....” Id.
On February 16, 2022, Plaintiff gave the medical director records pertaining to his cervical and lumbar spondylosis diagnosis from December 2020. Id. at 11.
Plaintiff claims that during his “entire stay” at MPCC, he has been “denied legal materials, a law library, legal assistance,” medical records, and the address for this Court. Id. He claims that he missed a deadline in his pending case in the Eastern District of Louisiana because he “was denied free postage...
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