Borskey v. Rapides Parish Detention Center

Filing 14

MEMORANDUM ORDER: Directing plaintiff to amend complaint/petition. Pro Se Response due by 8/30/2017. Signed by Magistrate Judge Joseph H L Perez-Montes on 7/31/2017. (crt,ThomasSld, T)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
ALEXANDRIA DIVISION
JOHN ANDREW BORSKEY, JR.,
Plaintiff

CIVIL ACTION NO. 1:17-CV-451-P

VERSUS

CHIEF JUDGE DRELL

MATT DAUZAT, ET AL.,
Defendants

MAGISTRATE JUDGE PEREZ-MONTES

MEMORANDUM ORDER
Before the Court is the civil rights complaint (42 U.S.C. § 1983) of pro se
Plaintiff John Andrew Borskey, Jr. (“Borskey”). Borskey has been granted leave to
proceed in forma pauperis. (Doc. 11). Borskey is being detained at the Grant Parish
Detention Facility (“GPDF”) in Colfax, Louisiana. Borksey names as defendants Matt
Dauzat, Pat Ashley, Mrs. Cindy, Jody Bullock, and Nurse Jason. Borskey complains
that he was denied adequate medical care while detained at GPDF and the Rapides
Parish Detention Center (“RPDC”).
I.

Background
Borskey alleges he suffers from COPD and Hepatitis C. (Doc 5, p. 3). Borskey

also claims to experience chest pain, dizziness, and numbness of his limbs and face.
(Doc. 5, p. 3). Borskey alleges he was not provided with proper medical treatment at
GPDF and RPDC.
II.

Instructions to Amend
Pursuant to Rule 8(a)(2) of the Federal Rules of Civil Procedure, a pleading

must contain a “short and plain statement of the claim showing that the pleader is

entitled to relief.” The pleading standard that Rule 8 announces does not require
“detailed factual allegations,” but demands more than an “unadorned, the-defendantunlawfully-harmed-me accusation.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)
(citations omitted). A pleading that offers “labels and conclusions” or “a formulaic
recitation of the elements of a cause of action will not do.” Bell Atlantic Corp. v.
Twombly, 550 U.S. 544, 555 (2007).
Borskey must amend his complaint and provide:
(1) the name(s) of EACH
constitutional rights;

person

who

allegedly

violated

Borskey’s

(2) a description of what actually occurred AND what EACH defendant
specifically did to violate Borksey’s rights;
(3) the place and date(s) that EACH event occurred; and
(4) a description of the injury sustained as a result of EACH alleged violation.
Additionally, Borskey must amend his complaint to allege deliberate
indifference by each Defendant. Prison officials violate the Eighth Amendment’s
proscription against cruel and unusual punishment when they act with deliberate
indifference to the serious medical needs of prisoners. See Farmer v. Brennan, 511
U.S. 825, 834, (1994); Estelle v. Gamble, 429 U.S. 97, 105 (1976). Deliberate
indifference “is an extremely high standard to meet.” Gobert v. Caldwell, 463 F.3d
339, 346 (5th Cir. 2006) (citation omitted). An inmate must show that prison
personnel “refused to treat him, ignored his complaints, intentionally treated him
incorrectly, or engaged in any similar conduct that would clearly evidence a wanton
disregard for any serious medical needs.” Domino v. Tex. Dep’t Crim. J., 239 F.3d 752,

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756 (5th Cir. 2001) (quoting Johnson v. Treen, 759 F.2d 1236, 1238 (5th Cir. 1985)).
Borskey must amend and state when he sought and was refused medical treatment,
for what illness or injury, by whom treatment was denied, and what injury Borskey
suffered as a result of the deprivation. Borskey must provide allegations of deliberate
indifference regarding his serious medical needs.
III.

Conclusion
IT IS ORDERED that Borskey amend his complaint within thirty (30) days of

the filing of this Order to provide the information outlined above, or dismissal of this
action will be recommended under Rule 41(b) of the Federal Rules of Civil Procedure.
31st
THUS DONE AND SIGNED in chambers in Alexandria, Louisiana, this ____
day of July, 2017.
____________________________________
Joseph H.L. Perez-Montes
United States Magistrate Judge

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