The opinion
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
MICHAEL S. EVERETT (#237136) CIVIL ACTION
VERSUS
UNKNOWN ALLAN, ET AL, NO. 21-00638-BAJ-SDJ
RULING AND ORDER
On or around October 25, 2021, Plaintiff, a prisoner detained at the Elayn
Hunt Correctional Center, submitted a pro se Complaint alleging deliberate
indifference to his medical needs and various additional claims. (Doc. 1, see also Doc.
9). Plaintiff accompanied his Complaint with a Motion to Proceed In Forma Pauperis,
(Doc. 2), which the Court granted on August 4, 2022. (Doc. 8).
On May 38, 2028, the Magistrate Judge issued a sua sponte Report and
Recommendation (Doc. 13, the “R&R”), recommending that Plaintiffs federal
claims be dismissed with prejudice for failure to state a claim upon which relief may
be granted pursuant to 28 U.S.C. §§ 1915(e) and 1915A, and, further, that the Court
decline to exercise supplemental jurisdiction over any potential state law claims.
(Doc. 13). Plaintiff objects in part to the R&R. (Doc. 14). In his objection, Plaintiff
clarifies that he seeks relief “against the defendants in their ‘individual capacity’ and
only for damages,” (id. at 2), and does not contest dismissal of his state law claims,
but insists that his individual capacity federal claims must survive.
Upon de novo review, and having carefully considered Plaintiffs Complaint,
Plaintiffs objection, and the related filings, the Court agrees that the pleadings, in
their current form, fail to state an actionable claim, even under the liberal standards
afforded to pro se litigants. Indeed, Plaintiffs Complaint is the very definition of a
“shotgun pleading,” aimed at more than 20 Defendants with barely an attempt to
explain what any Defendant did or did not do, and chock-full of conclusory, vague,
and immaterial facts not obviously connected to any particular cause of action. See
O'Neal v. Universal Prot. Serv., LLC, No. CV 21-00737-BAJ-SDJ, 2022 WL 1631970,
at *5 (M.D. La. May 23, 2022) (Jackson, J.). “Shotgun pleadings are pernicious
because they unfairly burden defendants and courts by shifting onto them the burden
of identifying plaintiff's genuine claims and determining which of those claims might
have legal support. ... The time a court spends managing litigation framed by shotgun
pleadings should be devoted to other cases waiting to be heard.” Jd. (quotation marks
omitted).
Still, the Court finds that not all of Plaintiffs claims should be dismissed with
prejudice. Stripped of superfluous detail, it appears that Plaintiff may yet state a
plausible Kighth Amendment claim for deliberate indifference to his medical needs.
Liberally construed, Plaintiff contends that in March and April 2021 he experienced
severe hemorrhoids which he reported to named Defendants (1) “Col. Brown,” (2)
“MSet. White,” (8) “Sgt. J. Jones,” (4) “EMT Gautreaux,” and (5) “MSet. Monyei,”
which ultimately resulted in “MSgt. Monyei,” declaring a “medical emergency.” (Doc.
1 at 6). Missing is any indication of what happened next. Was Plaintiffs “emergency”
treated, or left un-addressed? If it was treated reasonably, Plaintiffs claim for
deliberate indifference likely fails. See Campbell v. Brown, 756 F. App'x 386, 389 (5th
Cir. 2018) (affirming dismissal at summary judgment of plaintiffs claim of deliberate
indifference to his hemorrhoids where prison officials treated plaintiffs condition but
plaintiff disagreed with the method of treatment). If, on the other hand, Plaintiffs
complaints were ignored, or treatment was withheld or refused, Plaintiffs deliberate
indifference claim may yet succeed. See Marlowe v. LeBlanc, No. 18-cv-00063, 2023
WL 2957810, at *5 (M.D. La. Apr. 14, 2023) (Jackson, J.) (“Albeit a ‘demanding
standard, deliberate indifference is satisfied upon a showing ‘that officials acted with
malicious intent—that is, with knowledge that they were withholding medically
necessary care, by, for example, refusing treatment or ignoring a prisoner's
complaints.” (quoting Gibson v. Collier, 920 F.3d 212, 219-20 (5th Cir. 2019)).
In light of these unanswered questions, and because Plaintiff may yet plead an
actionable claim, the Court will not adopt that portion of the R&R that recommends
dismissal with prejudice of Plaintiffs hemorrhoid-related deliberate indifference
claim against Defendants (1) “Col. Brown,” (2) “MSgt. White,” (8) “Sgt. J. Jones,” (4)
“EMT Gautreaux,” and (5) “MSet. Monyei.” In all other respects, the Court will adopt
the R&R’s reasoning and analysis.
Accordingly, consistent with the reasoning set forth herein,
IT IS ORDERED that Plaintiffs hemorrhoid-related individual capacity
deliberate indifference claims against Defendants (1) “Col. Brown,” (2) “MSegt. White,”
(3) “Set. J. Jones,” (4) “EMT Gautreaux,” and (5) “MSegt. Monyei,” be and is hereby
DISMISSED WITHOUT PREJUDICE to Plaintiffs right to submit an amended
complaint within 30 days of the date of service of this Order. Plaintiffs amended
complaint, if any, shall be limited to Plaintiffs individual capacity deliberate
indifference claims against Defendants (1) “Col. Brown,” (2) “MSgt. White,” (3) “Sgt.
J. Jones,” (4) “EMT Gautreaux,” and (5) “MSgt. Monyei” only, and shall address the
deficiencies set forth herein. Absent a showing of good cause, Plaintiffs failure
to timely submit an amended complaint will result in dismissal with
prejudice of Plaintiff's individual-capacity deliberate indifference claims.
IT IS FURTHER ORDERED that, for the reasons set forth in the R&R,
Plaintiffs remaining federal claims and all Plaintiffs official capacity claims be and
are hereby DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that, for the reasons set forth in the R&R, the
Court declines to exercise supplement jurisdiction over Plaintiffs over any potential
state law claims, and that any such claims be and are hereby DISMISSED
WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that this action be and is hereby REFERRED
back to the Magistrate Judge for further proceedings consistent with the relief set
forth herein.
Baton Rouge, Louisiana, this 2s of August, 2023
Ba.
bao —
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA