Addison v. McVea et al

Filing 76

ORDER ADOPTING REPORT AND RECOMMENDATIONS 74 . Signed by Chief Judge Sarah S. Vance on 6/30/15.(jjs)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
TED ADDISON

CIVIL ACTION

VERSUS

NO: 13-5264

CASEY MCVEA ET AL.

SECTION: R(2)

ORDER AND REASONS
Before the Court is defendants' motion for summary judgment on
plaintiff's 42 U.S.C. § 1983 claim that defendants failed to
provide

plaintiff

incarceration

at

with
Rayburn

adequate

medical

Correctional

care

Center

during

his

("Rayburn").1

Plaintiff filed a timely opposition to defendants' motion,2 and
Magistrate Judge Wilkinson issued a Report and Recommendation
("R&R) recommending that the Court grant defendants' motion for
summary judgment and dismiss plaintiff's claim with prejudice.3
More specifically, Magistrate Judge Wilkinson recommends that the
Court

dismiss

individual

plaintiff's

capacities

qualified immunity.
dismissal

of

claims

because

the

against

defendants

defendants

are

in

their

entitled

to

Magistrate Judge Wilkinson also recommends

plaintiff's

claims

against

defendants

in

their

official capacities because plaintiff failed to offer any evidence
demonstrating an ongoing violation of his constitutional rights.

1

R. Doc. 61.

2

R. Doc. 73.

3

R. Doc. 74.

In

his

Magistrate

objection,
Judge

plaintiff

erred

in

repeatedly

ignoring

plaintiff's Amended Complaint.4

certain

denied

defendants'

that

allegations

the
in

The sufficiency of plaintiff's

Amended Complaint, however, is not at issue.
previously

argues

motion

to

Indeed, the Court

dismiss

finding

that

plaintiff adequately alleged an ongoing violation of his right to
adequate medical care.5
is

whether

plaintiff

The issue now before the Court, however,
offered

sufficient

defendants' motion for summary judgment.

evidence

to

defeat

Fed. R. Civ. P. 56;

Celotex Corp. v. Catrett, 477 U.S. 317, 324 (1986) (holding that to
defeat summary judgment, a nonmoving party must "go beyond the
pleadings and . . . designate specific facts showing that there is
a genuine issue for trial").

Thus, to defeat defendants' properly

supported motion for summary judgment, plaintiff is required to
produce competent evidence to create a genuine question of material
fact as to defendants' entitlement to qualified immunity and
sovereign immunity.6

Plaintiff's reliance on allegations in his

4

See, e.g., R. Doc. 75 at 25 ("I firmly stand upon the
content of the complaint and I do so with certitude.").
5

R. Doc. 56.

6

In support of their motion for summary judgment,
defendants provided a complete, verified copy of plaintiff's
medical records, a complete, verified copy of plaintiff's
"movement log" within state prison system, and five affidavits
supporting defendants' claim for sovereign immunity and qualified
immunity. R. Docs. 61-3, 61-4, 61-5, 61-6, 61-7, 61-8, and 61-9.
2

complaint is insufficient. Weyant v. Acceptance Ins. Co., 917 F.2d
209, 212 (5th Cir. 1990) ("[T]he party opposing the [summary
judgment] motion may not sit on its hands, complacently relying
upon the pleadings.").

Thus, the Magistrate Judge did not err in

disregarding the unsupported allegations in plaintiff's Amended
Complaint.
Plaintiff also argues that the Magistrate Judge failed to
consider medical records included in plaintiff's "Memorandum of
Advisement."7
Memorandum

This objection is belied by the record.

of

Advisement,

plaintiff

included:

(1)

Dr.

In his
Reece

Newsome's notes dated November 18, 2011;8 (2) Dr. Clement Wen's MRI
interpretation
Trahan's

notes

"progress

dated

notes"

December
dated

1,

October

2011;9
7,

(3)

Dr.

Jayme

2013;10

(4)

Nurse

Practitioner Robyn Givens' "progress notes" dated December 5,
2013;11 and (5) Dr. Frank Culicchia's "progress notes" dated March
17, 2014.12 Contrary to plaintiff's objection, the Magistrate Judge
reviewed the entirety of plaintiff's medical records before issuing

7

R. Doc. 75-1.

8

Id. at 42.

9

Id. at 65

10

Id. at 13.

11

Id. at 14.

12

Id. at 17.
3

the R&R.13

Indeed, the Magistrate Judge's R&R discusses each and

every medical record that plaintiff attached in his Memorandum of
Advisement.14

Accordingly, the Court finds plaintiff's argument

that the Magistrate Judge erred by ignoring plaintiff's evidence to
be without merit.
The Court has reviewed de novo plaintiff's complaint, the
record,

the

applicable

law,

the

Magistrate

Judge's

R&R,

and

plaintiff's objections thereto, and finds that the Magistrate Judge
correctly concluded that plaintiff's claims are barred by the
doctrines of sovereign immunity and qualified immunity.
therefore

approves

Accordingly,

the

plaintiff's

R&R

and

complaint

adopts
is

it

hereby

as

its

The Court
opinion.

dismissed

prejudice.

New Orleans, Louisiana, this _____ day of June, 2015.
30th

SARAH S. VANCE
UNITED STATES DISTRICT JUDGE

13

R. Doc. 61-4.

14

See R. Doc. 74 at 3-13.
4

with