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Rogers v. Luther Luckett Corr. Complex

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

April 5, 2019

EDWARD P. ROGERS PLAINTIFF
v.
LUTHER LUCKETT CORR. COMPLEX et al. DEFENDANTS

          MEMORANDUM OPINION

          Charles R. Simpson III, Senior Judge United States District Court

         This matter is before the Court on initial review of Plaintiff Edward P. Rogers' pro se complaint pursuant to 28 U.S.C. § 1915A. For the reasons that follow, the Court will dismiss the instant action.

         I.

         Plaintiff is a convicted prisoner currently incarcerated at the Lee Adjustment Center. He complains, however, about his incarceration at the Luther Luckett Correctional Complex (LLCC) and brings suit pursuant to 42 U.S.C. § 1983 against LLCC; its Warden, Jesse Ferguson; Correct Care Solutions (CCS); and Cordaro Boyd, an inmate at LLCC. He sues Warden Ferguson in her official capacity and sues inmate Boyd in his individual capacity.

In the complaint, Plaintiff alleges as follows:
Approximitly from Oct. 3 - 23 me and Cordaro boyd had got into and argument. I didn't think nothing of it for several day he had called me a bad word. I tried to talk to him like a man but he kept being attentive about wanting to fight me and him was friend so I just put it to the back of my mind well two week's later he waited till like around 6:30 that night to sneak up on me from behind and cut my throat, I hurried up and roll my shin up to my throat cause I was scared and bleeding all I could think of what If I panic I was going to die and I wasn't going without seeing my kids again.
Know I'm coming out of the bathroom with blood pouring out of my neck and heading down the stair I knew if was him because he was calling me to come and fight I don't think so. so I went to the core the CO was freaking out he didn't know what to do so he called the medical department and it took approximitly 9 minutes for anyone to get there they took me to medical on a cart when I got there they ask me to move my hands and they said if I don't hurry to the hospital I could loss to much blood while the EMS was coming they took picture and put a pad on it the when they got their they put a IV in me and took me of U of L hospital.

         Plaintiff reports that at the hospital he received “three layer's of stiches it took 4 hours to fix my neck then they took me back to prison knowing it could have got infected.” He alleges that “the prison on my behalf didn't do right by me they never even let my family know I could maybe die.”

         Plaintiff alleges that Defendant Warden Ferguson “would never talk to me and when she did it was cold outside and I wasn't allow to keep my wound cover while going to get my phyic pills.” He also alleges that Defendant Warden Ferguson “was not on the compound at the time and when she was I spoke to her and she acted as if thing was out of her hand this is not my fault I did nothing to this man to try and kill me.” He further alleges, “Corr. Care that it took week's before they wanted me to come and be seen and knowing I told them it was hard for me to breath.”

         In a letter addressed to the Court that Plaintiff attached to the complaint, Plaintiff claims that the grievance committee was against him because they were “the attacker's friend and it made me parinod of who to be around.” He alleges, “Luther Luckett really missed me over more than I ever been I cant trust no one and now I have PTSD real bad.” He further alleges, “I having to take a sleep ap test cause I keep losing my breath and hard to sleep at night and Im alway tired and dilosounal seeing and hearing voice that ant there.”

         As relief, Plaintiff seeks damages and “all my medical bill payed plus mental Health.”

         II.

         A. Legal Standard

         Because Plaintiff is a prisoner seeking relief against governmental entities, officers, and/or employees, this Court must review the instant action under 28 U.S.C. § 1915A. Under § 1915A, the trial court must review the complaint and dismiss the complaint, or any portion of the complaint, if the court determines that it is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. See ยง ...


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