Ludlam v. Ouachita Correctional Center

CourtDistrict Court, W.D. Louisiana
DecidedSeptember 2, 2025
Docket3:25-cv-00908
StatusUnknown

This text of Ludlam v. Ouachita Correctional Center (Ludlam v. Ouachita Correctional Center) is published on Counsel Stack Legal Research, covering District Court, W.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ludlam v. Ouachita Correctional Center, (W.D. La. 2025).

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION

DEL D. LUDLAM CIVIL ACTION NO. 25-0908

SECTION P VS. JUDGE TERRY A. DOUGHTY

OUACHITA CORRECTIONAL MAG. JUDGE KAYLA D. MCCLUSKY CENTER, ET AL.

REPORT AND RECOMMENDATION Plaintiff Del D. Ludlam, a prisoner at Ouachita Parish Correctional Center (“OCC”) proceeding pro se and in forma pauperis, filed this proceeding on approximately June 23, 2025, under 42 U.S.C. § 1983. He names the following Defendants: OCC, Mrs. Green, Nurse Donna Norman,1 Nurse Greer, and Nurse Wilson. 2, 3 For reasons that follow, the Court should dismiss: Plaintiff’s claims against OCC and Mrs. Green; his claims that he was denied a doctor visit for his shingles; and his claims that he did not receive Valtrex three times daily. The Court should retain Plaintiff’s claims that he did not receive wound care and that he has not received dental care against Nurse Norman, Nurse Greer, and Nurse Wilson.

1 Plaintiff also refers to Nurse Norman as Lieutenant Norman.

2 Plaintiff also refers to Nurses Greer and Wilson as, respectively, Corporal Greer and Corporal Wilson.

3 This matter has been referred to the undersigned for review, report, and recommendation under 28 U.S.C. § 636, and the standing orders of the Court. Background

Plaintiff has had shingles since December 2024. [doc. # 1, p. 3]. He states that because of his shingles, he has internal pain and wounds which excreted blood and puss on his shirts. Id. In January 2025, he was incarcerated at OCC. Id. On January 9, 2025, after he submitted a “sick call,” Nurse Wilson “saw” him. [doc. # 7- 1, p. 1]. Nurse Norman saw him on January 27, 2025. Id. He received Ibuprofen and Naproxen on February 4, 2025. Id. He received Ibuprofen on March 3, 2025. Id. He saw a physician on May 8, 2025, who prescribed Valtrex once daily. [doc. #s 7, p. 2; 7-1, p. 1]. On May 13, he received Ibuprofen and Naproxen. [doc. # 7-1, p. 1]. On May 22, 2025, he saw another physician, Dr. Lori Hamilton, who prescribed him “Valtrex 3X a day for 15 days.” [doc. #s 7, p. 3; 7-1, p. 2]. On July 16, 2025, he received Ibuprofen and Naproxen. [doc. # 7-1, p. 2]. On July 30, 2025, he requested a physician to treat his shingles, and Nurse Greer responded that Plaintiff had “been seen and treated multiple times for this complaint.” Id. On July 31, 2025, Nurse Greer informed Plaintiff that he would be referred to a physician again. Id. He saw a physician

at OCC on August 5, 2025, who prescribed him Valtrex once daily. [doc. #s 7, p. 2; 7-1, p. 2]. Plaintiff claims that he submitted multiple “sick calls and grievances,” but “all defendants” denied him a doctor visit. [doc. #s 1, p. 3; 7, p. 2]. He suggests that Mrs. Green denied him a visit because his condition “look[ed] better[,]” but he maintains that his pain is internal and thus not visible. [doc. # 1, p. 3]. He “believe[s] [he] should see a doctor once a month until” he is healed. [doc. # 7, p. 4]. Plaintiff claims that Nurse Norman “overrode” Dr. Hamilton’s prescription for Valtrex thrice daily and instead adhered to an OCC physician’s prescription for Valtrex once daily. [doc. # 7, p. 3]. Later, after Plaintiff returned to Dr. Hamilton, who again prescribed Valtrex three times daily, OCC “honored” the prescription, and Plaintiff “start[ed] getting better.” Id. He writes in his amended pleading, which he filed on approximately August 18, 2025, that “for about the last 2 weeks [he] finally stopped leaking blood and puss all over [the] left side” of his body. Id.

Plaintiff claims that he did not receive wound care for over six months. [doc. #s 1, p. 3; 7, p. 3]. He claims that all Defendants knew of his condition and of how “badly blood and puss would cover” his shirt, yet he did not receive wound care. [doc. # 7, p. 2]. He did not receive a clean T-shirt every day; he could only wash his shirts in a shower every other day. [doc. # 7, p. 3]. He states that “all 3 defendants” refused to see him or give him bandages, gauze, or creams, but they did advise him that he was healing and that he should stop scratching his wounds. Id. at 2, 4. As of approximately early August 2025, Plaintiff’s wounds stopped bleeding and oozing puss. Id. at 2. In his amended pleading, Plaintiff notes that his jaw was broken three years ago at OCC. [doc. # 7, p. 5]. He claims that his teeth have been breaking significantly in the last six months,

and his jaw is not aligning, but he does not know if “this is related yet.” Id. He does grit his “teeth a lot.” Id. He claims, “O.C.C. medical same defendants say I can’t be referred to [a] dentist or jaw specialist.” Id. He adds, Doctor Hamilton “also recommended I see their dentist too again OCC denies. [sic].” Id. For relief, Plaintiff seeks to enjoin Defendants to grant him a doctor visit, follow physicians’ instructions, provide his medication, and provide wound care. [doc. # 1, p. 4]. He also seeks monetary compensation. Id. Law and Analysis

1. Preliminary Screening

Plaintiff is a prisoner who has been permitted to proceed in forma pauperis. As a prisoner seeking redress from an officer or employee of a governmental entity, his complaint is subject to preliminary screening pursuant to 28 U.S.C. § 1915A.4 See Martin v. Scott, 156 F.3d 578, 579-80 (5th Cir. 1998) (per curiam). Because he is proceeding in forma pauperis, his Complaint is also subject to screening under § 1915(e)(2). Both § 1915(e)(2)(B) and § 1915A(b) provide for sua sponte dismissal of the complaint, or any portion thereof, if the Court finds it is frivolous or malicious, if it fails to state a claim on which relief may be granted, or if it seeks monetary relief against a defendant who is immune from such relief. A complaint is frivolous when it “lacks an arguable basis either in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989). A claim lacks an arguable basis in law when it is “based on an indisputably meritless legal theory.” Id. at 327. Courts are also afforded the unusual power to pierce the veil of the factual allegations and dismiss those claims whose factual contentions are clearly baseless. Id. A complaint fails to state a claim on which relief may be granted when it fails to plead “enough facts to state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007); accord Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). A claim is facially plausible when it contains sufficient factual content for the court “to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Iqbal, 556 U.S. at 678 (citing

4 Under 28 U.S.C. § 1915(h), “‘prisoner’ means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program.” Twombly, 550 U.S. at 570). Plausibility does not equate to possibility or probability; it lies somewhere in between. Id.

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