United States District Court, S.D. Georgia, Dublin Division
MAGISTRATE JUDGE'S REPORT AND
K. EFPS UNITED STATES MAGISTRATE JUDGE.
an inmate at Calhoun State Prison in Morgan, Georgia, is
proceeding in forma pauperis in this case filed
pursuant to 42 U.S.C. § 1983. Because he is proceeding
in forma pauperis, Plaintiff's complaint must be
screened to protect potential defendants. Phillips v.
Mashburn, 746 F.2d 782, 785 (11th Cir. 1984);
Al-Amin v. Donald, 165 F. App'x 733, 736 (11th
names (1) Damon T. Hininger, (2) Gregory C. Dozier, (3) Dr.
Yvonne Neau, (4) Vance Laughlin, and (5) John Doe Quinn as
Defendants. (Doc. no. 1, pp. 1, 4.) Taking all of
Plaintiff's factual allegations as true, as the Court
must for purposes of the present screening, the facts are as
22, 2015, while incarcerated at Wheeler Correctional Facility
(“WCF”), Plaintiff noticed a “zit like bump
in [his] groin area” and used a razor to shave off the
whitehead. (Id. at 9.) The next day, the area was
painful, swollen, and red. (Id.) Plaintiff reported
the issue to P.A. Boone, who told Plaintiff to report to sick
call the next morning. (Id.) Plaintiff developed a
fever and increased pain that night. (Id.)
24, 2015, at 6:00 a.m., Plaintiff went to the medical area
for his unit. (Id.) P.A. Boone inspected Plaintiff
and sent him back to his dorm until he could be taken to
“main medical.” (Id.) At 8:00 a.m., P.A.
Boone escorted Plaintiff to the main medical area and said
Dr. Neau would be with him shortly. By 10:30 a.m., Dr. Neau
had not seen Plaintiff, while other inmates were being
treated. (Id. at 10.) By this point, Plaintiff's
testicles “had swollen to approximately the size of
softballs and were filled with poison.” (Id.)
At 1:00 p.m., Plaintiff left medical to speak to
“Deputy Warden of Care and Treatment Quinn.”
(Id.) Mr. Quinn told Plaintiff to return to medical
and wait for his turn, which he did. (Id.)
remained in medical until 4:00 p.m., when he went to Warden
Laughlin's office and “entered without
permission.” (Id.) Mr. Laughlin became
“agitated about the interruption” and made a call
to an unknown person. (Id.) Mr. Laughlin told
Plaintiff he “was being made to wait because [he] was
complaining and being a ‘dick.'”
(Id. at 11.) Plaintiff offered to show Mr. Laughlin
his condition, but Mr. Laughlin told Plaintiff he “did
not want to see [his] ‘nuts'” and told him to
return to medical. (Id.) Mr. Laughlin refused
Plaintiff's request to return to his dorm to wait.
Neau examined Plaintiff at 7:30 p.m. (Id.) Dr. Neau
apologized for making Plaintiff wait after seeing his
condition and explained Mr. Laughlin instructed her to see
Plaintiff last. (Id.) Dr. Neau took a culture but
said she could not send it until July 30, 2015.
(Id.) Dr. Neau did not know the type of infection.
(Id.) Dr. Neau numbed the area and performed a
“surgical procedure, ” during which she made
“unprofessional comments” about the size of
Plaintiff's testicles and her hope Plaintiff did not want
children. (Id. at 12.) Dr. Neau wrapped the area,
prescribed a general antibiotic and painkillers, and
instructed Plaintiff to come back every night for a dressing
condition deteriorated quickly that same evening, to the
point Dr. Neau called 911, and Plaintiff was taken by
ambulance to a nearby hospital. (Id.) After
administering “intense antibiotics” for several
days, the hospital transferred Plaintiff to the
“Augusta Doctors Hospital, Burn and Wound Unit, ”
where Dr. Hasan treated Plaintiff. (Id. at 12-13.)
Dr. Hasan explained to Plaintiff that Dr. Neau had failed to
properly diagnose and treat Plaintiff's infection,
leading to life-threatening gangrene that required immediate
surgery. (Id.) Dr. Hasan told Plaintiff he faced a
risk of amputation from the waist down. (Id. at 13.)
Plaintiff underwent three surgeries in two weeks before being
transferred to Augusta State Medical Prison. (Id.)
two follow-up visits from Dr. Hasan, Augusta State Medical
Prison transferred Plaintiff to Calhoun State Prison, where
the medical facility could not properly care for his wound.
(Id.) A culture of his wound taken in October 2015
showed Plaintiff still had an infection. (Id.) Dr.
Hasan's follow-up was postponed until December 24, 2015,
when the infection was stopped. (Id. at 14.)
Plaintiff has severe nerve damage on the “left side
groin area” and no feeling in his testicles.
(Id.) Prison officials denied a sterility test.
seeks $20 million in “pain and suffering and decline in
quality of [his] personal life, ” and $10 million in
punitive damages. (Id. at 6.)
Legal Standard for Screening
complaint or any portion thereof may be dismissed if it is
frivolous, malicious, or fails to state a claim upon which
relief may be granted, or if it seeks monetary relief from a
defendant who is immune to such relief. See 28
U.S.C. §§ 1915(e)(2)(B) and 1915A(b). A claim is
frivolous if it “lacks an arguable basis either in law
or in fact.” Neitzke v. Williams, 490 U.S.
319, 325 (1989). “Failure to state a claim under §
1915(e)(2)(B)(ii) is governed by the same standard as
dismissal for failure to state a claim under Fed.R.Civ.P.