Taylor v. Jones

District Court, W.D. Louisiana·Decided December 17, 2024·No. 3:22-cv-05210·Unknown

Opinion

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF LOUISIANA

MONROE DIVISION

ROBERT PAUL TAYLOR CIV. ACTION NO. 3:22-05210 SEC. P

VERSUS JUDGE DAVID C. JOSEPH

RICKY JONES, ET AL. MAG. JUDGE KAYLA D. MCCLUSKY

REPORT AND RECOMMENDATION

Before the undersigned magistrate judge, on reference from the District Court, is a Motion for Summary Judgment [doc. # 64] filed by Defendants, Sheriff Rickey Jones, Pat W. Smith, Nolan Bass, Nurse Frazier, and Nurse Harvey. The motion is opposed. For reasons set forth below, IT IS RECOMMENDED that the Motion for Summary Judgment be GRANTED IN PART and DENIED IN PART. Background On or about August 31, 2022, Plaintiff pro se Robert Paul Taylor (“Taylor”), who, during the relevant period, was incarcerated at the Bayou Correctional Center (“BCC”) and Tensas Parish Detention Center (“TPDC”), filed the instant, in forma pauperis Complaint to vindicate his civil rights under 42 U.S.C. § 1983. See Amend. Compl. & 2nd Amend. Compl [doc. #s 12, 14]. He named various Defendants, including, Sheriff Ricky Jones, City of St. Joseph, TPDC, Warden Pat W. Smith, Assistant Warden Nolan Bass, Dr. Janna Carpenter Chauvin, Nurse Frazier, Nurse Harvey, Roosevelt England1 (“England”), Marzavian Washington2 (“Washington”), an unidentified insurance company, and Nurse Whitney. Id. On April 5, 2023, the undersigned conducted an initial review of Taylor’s “operative”

1 England was sued as, “Robert England” or “R. England.”

2 Washington was sued as “Corporal Washington.” pleadings and recommended dismissal of various claims and parties, but recommended that the Court retain the following claims: (1) that Dr. Janna Carpenter Chauvin canceled Plaintiff’s prescribed or recommended medications in “early July 2020” and later at TPDC;

(2) (i) that Warden Pat W. Smith, Dr. Chauvin, Nurse Frazier, and Nurse Harvey canceled Plaintiff’s “scrotal scopic work-up” scheduled for August 31, 2021, and (ii) that Smith, Frazier, Harvey, and Warden Bass refused to transport him to University Health Shreveport on August 31, 2021, delaying his appointment until November 31, [sic] 2021;

(3) that on November 14, 2021, Defendants England and Washington failed to protect Plaintiff from other attacking inmates, utilized excessive force, failed to provide constitutionally adequate medical care, and failed to provide decontamination measures after spraying him with mace;

(4) that Warden Smith, Warden Bass, and Sheriff Jones, in their individual capacities, failed to protect Plaintiff from England and Washington’s uses of force on November 31, [sic] 2021;

(5) that England and Washington committed tortious acts under state law, including battery, excessive force, and failure to protect;

(6) that Sheriff Jones is vicariously liable for Washington and England’s alleged tortious conduct under state law; and

(7) Plaintiff’s direct action against the unidentified insurance company.

(Report and Recommendation (“R&R”) [doc. # 16]). On April 20, 2023, the District Court adopted the R&R and entered a corresponding judgment. (Judgment [doc. # 17]). Meanwhile, on April 5, 2023, the undersigned ordered service upon the remaining Defendants. See Service Order [doc. # 15]. On June 30, 2023, the U.S. Marshals Service (“USMS”) perfected service on several Defendants. See Returns of Service [doc. # 19]. On July 21, 2023, Defendants, Sheriff Rickey Jones (hereinafter, “Sheriff Jones”), Pat W. Smith, Nolan Bass, and Nurse Harvey filed their responsive pleading. (Answer [doc. # 21]). Consequently, on February 8, 2024, the Court issued an initial scheduling order in the matter. 2 (Sched. Order [doc. # 50]). Defendant Nurse Frazier, who was not served until later, filed a responsive pleading on February 29, 2024. (Answer [doc. # 54]). In light of Nurse Frazier’s subsequent appearance in the case, the Court issued a superseding scheduling order on March 5, 2024, that harmonized deadlines in the case to include a July 3, 2024 deadline for the completion of discovery and an August 7, 2024 deadline for the parties to file either a motion for summary judgment or a statement of issues. (Sched. Order [doc. # 55]). Furthermore, because Defendants England and Washington no longer work at the BCC, the court took additional steps to obtain valid addresses to secure proper service upon them. See doc. #s 20, 27-30. Thereafter, the USMS successfully served England and Washington on September 12, 2023. See Returns of Service [doc. # 32].3

Defendant Janna Chauvin also no longer works at the TPDC. Despite efforts to obtain a forwarding address for Chauvin, neither the Court nor Taylor was able to discern a valid address. Accordingly, on April 12, 2024, the undersigned recommended dismissal of Taylor’s claims against Chauvin. See April 12, 2024 Report and Recommendation [doc. # 58]. On April 29, 2024, the District Court adopted the Report and Recommendation and dismissed Taylor’s claims against Chauvin, without prejudice. (April 29, 2024, Judgment [doc. # 59]). On August 7, 2024, Defendants Sheriff Rickey Jones, Pat W. Smith, Nolan Bass, Nurse Frazier, and Nurse Harvey (collectively, “Movants”) duly filed the instant motion for summary judgment seeking dismissal of Taylor’s claims against them. They contend that they cannot be liable for any alleged actions by Defendants England and Washington that purportedly occurred

3 Despite proper service, Defendants, England and Washington, failed to appear. Accordingly, after prompting by the court, Taylor applied for and obtained entries of default against England and Washington on December 14, 2023. See doc. #s 34, 38, 40, 42-43.

3 on November 14, 2021, because, by that time, both England and Washington no longer were employed at the TPDC. They further assert that they were not responsible for the postponement of Taylor’s urology appointment from August 31, 2021, to November 30, 2021, and, in any event, Taylor was not substantially harmed by the three-month delay. On October 3, 2024, Taylor filed a lengthy opposition to the motion for summary judgment. (Pl. Opp. Brief [doc. # 70]). On October 18, 2024, Movants filed their reply brief. (Defs. Reply Brief [doc. # 71]). On December 13, 2024, the Court granted Taylor leave to file a sur-reply brief. See E- Order [doc. # 73]). Accordingly, the matter is ripe. Summary Judgment Standard

Summary judgment is appropriate when the evidence before the court shows “that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” FED. R. CIV. P. 56(a). A fact is “material” if proof of its existence or nonexistence would affect the outcome of the lawsuit under applicable law in the case. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). A dispute about a material fact is “genuine” if the evidence is such that a reasonable fact finder could render a verdict for the nonmoving party. Id. “[A] party seeking summary judgment always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of ‘the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,’ which it believes demonstrate the absence of a genuine issue of material fact.” Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986) (quoting Anderson, 477 U.S. at 247). “The moving party may meet its burden to demonstrate the absence of a genuine issue of material fact by pointing out that the record contains no support for the non-moving party’s claim.” Stahl v.

Free access — add to your briefcase to read the full text and ask questions with AI

Taylor v. Jones, (W.D. La. 2024).

Taylor v. Jones (Taylor v. Jones) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Little v. Liquid Air Corp.
37 F.3d 1069 (Fifth Circuit, 1994)
Wallace v. Texas Tech Univ.
80 F.3d 1042 (Fifth Circuit, 1996)
Mississippi River Basin Alliance v. Westphal
230 F.3d 170 (Fifth Circuit, 2000)
Stahl v. Novartis Pharmaceuticals Corp.
283 F.3d 254 (Fifth Circuit, 2002)
Gobert v. Caldwell
463 F.3d 339 (Fifth Circuit, 2006)
Turner v. Baylor Richardson Medical Center
476 F.3d 337 (Fifth Circuit, 2007)
Hernandez v. Velasquez
522 F.3d 556 (Fifth Circuit, 2008)
Estelle v. Gamble
429 U.S. 97 (Supreme Court, 1976)
Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (Supreme Court, 1986)
Marian Fontenot, Etc. v. The Upjohn Company
780 F.2d 1190 (Fifth Circuit, 1986)
Johnny Grogan v. Parveen Kumar
873 F.3d 273 (Fifth Circuit, 2017)
Thad Delaughter v. Ronald Woodall
909 F.3d 130 (Fifth Circuit, 2018)