Graves v. Brown et al

Filing 7

RULING AND ORDER Adopting 6 Report and Recommendations, of the U.S. Magistrate Judge. Plaintiff's federal claims against Defendants Turn KeyMedical Company, Sid Gautreaux, and Cathy Fontenot be and are hereby DISMISSED WITH PREJUDICE. Plaint iff's federal claims against Defendant Nurse Practitioner Brown be and are hereby DISMISSED WITHOUT PREJUDICE to Plaintiff's right to file an amended complaint within 30 days of the date of this Order, addressing the deficiencies identified herein. Plaintiff's failure to timely submit an amended complaint will result in a judgment dismissing with prejudice all claims against Defendant Nurse Practitioner Brown. Signed by Judge Brian A. Jackson on 6/5/2024. (EDC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
STEFFON GRAVES CIVIL ACTION

VERSUS
NURSE PRACTITIONER BROWN, ET NO. 24-00108-BAJ-EWD
AL.

RULING AND ORDER
This pro se prisoner action alleges deliberate indifference to Plaintiffs medical
needs. (See Docs. 1, 4). Before the Court is the Magistrate Judge's Report and

Recommendation (Doc. 6, the "R&R"), recommending that Plaintiffs federal
claims be dismissed with prejudice, and further recommending that the Court decline
the exercise of supplemental jurisdiction over any potential state law claims. The

deadline for objecting to the R&R has passed, without any objection from Plaintiff.
Plaintiff alleges that he suffered an injury to his ribs after a fall that required
medical attention. (Doc. 4 at p. 5). Upon being examined by Defendant Nurse
Practitioner Brown for these injuries, X-rays were ordered and examined, with Nurse

Brown concluding that Plaintiff required no further treatment. (Id.). Plaintiff does
not allege any facts pertaining to the time that elapsed between his fall and treatment
by Nurse Brown. A day after being discharged from Nurse Brown's care, Plaintiff was

admitted to a hospital for severe chest pains exhibited throughout the night. (Id.).
There, hospital personnel diagnosed Plaintiff with multiple rib fractures that had
been there for "a while." (Id.).

However, Plaintiff does not allege what additional care he received for these

rib fractures, if any. Plaintiff also offers the conclusory allegation that Nurse Brown
was unprofessional and mistreated him because of recent disciplinary write-ups, but

does not provide any specific factual allegations as to why he believes this to be Nurse
Brown's motivation for her diagnosis and treatment. As noted in the R&R, to

maintain a claim for deliberate indifference to his medical needs, Plaintiff needs to
allege facts tending to show that Nurse Brown was subjectively aware of the risk that
the fractured ribs posed to Plaintiff, and that, despite this knowledge, Nurse Brown
denied medical treatment, administered improper treatment, or ignored his medical

complaints. See Easter v. Powell, 467 F.3d 459, 463 (5th Cir. 2006); see also Domino
v. Texas Dep't of Grim. Just., 239 F.3d 752, 756 (5th Gir. 2001). Plaintiffs Complaint
and Amended Complaint make no such allegations.

Plaintiff also includes Turn Key Medical Company, Sheriff Sid Gautreaux, and
Warden Cathy Fontenot as Defendants in this matter, (Doc. 4), under an apparent
theory of vicarious liability for Nurse Brown's actions. Bare allegations of vicarious

liability based on principles of respondeat superior are insufficient for § 1983 claims.
Bell v. Livingston, 356 F. App'x 715, 716 (5th Cir. 2009) (citing Monell v. New York
City Dep't of Soc. Servs., 436 U.S. 658, 691 (1978)).
Therefore, having carefully considered Plaintiffs Complaint and Amended
Complaint (Docs. 1, 4), the Court APPROVES IN PART the Magistrate Judge's
R&R and ADOPTS the R&R's analysis as the Court's opinion in this matter.
Accordingly,
IT IS ORDERED that Plaintiffs federal claims against Defendants Turn Key

Medical Company, Sid Gautreaux, and Cathy Fontenot be and are hereby

DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that Plaintiffs federal claims against
Defendant Nurse Practitioner Brown be and are hereby DISMISSED WITHOUT
PREJUDICE to Plaintiffs right to file an amended complaint within 30 days of the
date of this Order, addressing the deficiencies identified herein.

IT IS FURTHER ORDERED that Plaintiffs failure to timely submit an
amended complaint will result in a judgment dismissing with prejudice all claims
against Defendant Nurse Practitioner Brown.

^

Baton Rouge, Louisiana, this^J_?iay of June, 2024

JUDGE BRIAN A. jA^KSON
UNITED STATES ??TRICT COURT
MIDDLE DISTRICT OF LOUISIANA