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Payne v. Louisville Metro Dept. of Corrections

United States District Court, W.D. Kentucky, Louisville

October 22, 2014



THOMAS B. RUSSELL, Senior District Judge.

Plaintiff Tyrone Richard Payne filed the instant pro se 28 U.S.C. § 1983 action proceeding in forma pauperis . This matter is before the Court on the initial review of the action pursuant to 28 U.S.C. § 1915A.

Subsequent to the complaint, Plaintiff filed a motion (DN 12) seeking, among other things, an order directing "LMDC to adhere to Medical Prescribed Treatment[.]" The motion alleges that Plaintiff has not received "life-sustaining medication" causing him injury. Because the motion contains factual allegations not made in the complaint, the Court CONSTRUES the motion as a motion to amend the complaint and GRANTS the motion (DN 12) in part. See Fed.R.Civ.P. 15(a)(1). The motion is granted only to the extent that Plaintiff seeks to add factual allegations concerning his medical treatment to the complaint.

For the reasons set forth herein, the Court will dismiss some of the claims, allow several claims to proceed, and allow Plaintiff to amend his complaint with regard to some claims.


Plaintiff is a pre-trial detainee at Louisville Metro Department of Corrections (LMDC). He sues LMDC and the following Defendants who are officials or employees of LMDC: Director Mark Bolton; D. Puckett, a Caseworker Director; Nurse Lucas; and Corrections Officer Harmon. He sues Puckett and Harmon in their individual and official capacities and sues Bolton and Lucas in their official capacities only.

Plaintiff states that on July 18, 2014, a non-Defendant corrections officer informed Plaintiff that he was being written up because he did not want to be moved to an "open-wing dorm" where he would have to sleep in a top bunk. Plaintiff reports that he walks with a cane and has medical documentation and a yellow armband to show he has permission to use a bottom bunk. He states that he informed the non-Defendant corrections officer that he was having chronic diarrhea "that had blood leaking from my body." Plaintiff states, "I did not want to infect any other inmate with my Blood borne Pathogens." The corrections officer advised Plaintiff to put in an action request form to request cleaning supplies because LMDC was known not to give out cleaning supplies. The corrections officer gave Plaintiff 10 days in segregation instead of the required 20 days due to his medical condition.

Further, according to the complaint, on July 22, 2014, another non-Defendant corrections officer took Plaintiff to another cell, but he states as follows:

I could not actually move into that cell because after c/o Barnes the Segregation c/o checked it, in the stopped up sink was contaminated water, c/o Barnes could not get the sink from being stopped up, and the toilet was filled with feces. C/o Barnes informed me... that I had to remain in that broken cell until a cell came open. I remained in that cell 1 day, all night and moved to another cell on the same floor.... I was moved.... to do my segregation time, after being in that cell 24 hours.

Plaintiff states that the next night he "began to bleed excessively from my hip area, and a rash appeared upon my skin." The corrections officer called a nurse, who gave him saline to clean the area and gauze to bandage it. He further states:

Later that day I was sent to the medical Doctor, whom informed me that I had been exposed to unsanitary enviroment ie. such as the broken cell and due to my "Compromised Immune System" I have contacted staph infections and boils to included a skin rash. The Doctor put me on more medications such as antibiotic "Cipro" and "Bactrum" to help counter-attack the "Staphoccus Infection" and "Boils" that manifested on my body, due to being housed in unsanitary contaminated cell for 24 hours.
As boils broke out over my body and staph sores broke out on my body I was in severe pain! The Antibiotic attacked the infection but the pain remained for several days, as well as the bleeding.

Plaintiff states that he filed two action request forms seeking to appeal his housing classification, which were denied by Defendant Puckett. He states that he "disclosed my medical diagnosis, and informed D. Puckett of my concerns to being housed in an open-wing open-dorm, due to my blood could infect other inmates. D. Puckett blantly denied the requests." Plaintiff states that he asked to be placed in a single-cell unit or remain in segregation "simply because, I am 49' year old male, with a cane to walk, had several accidents during the night due to Chronic Diarreha that contained blood, so I had to constantly change soiled linens and mattress."

Plaintiff further represents that once he was released from segregation, he was placed in a multi-prisoner cell (which he also refers to as an open-wing dorm). Although his medical condition required him to use a bottom bunk, there was no bottom bunk available. He states that he slept one night on the floor and the next day was given a mattress and a "floor-boat to sleep in." He further states:

My "Staphoccus Infections" began to bleed excessively due to bending up and down on the floor, my leg ruptured and wombs begin bleeding. The LPN rebandaged my wombs and sores and on July 30, 2014, I was moved to 2nd floor ...

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