Patrick Williams VS Richard Stalder, Sheriff Sid Hebert, Warden Roberta Boudreaux, University Medical Center Hospital Medical Department, Surgeon Doctor A. Hill and Unknown Surgical Surgeon
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NUMBER 2008 CA 0075 PATRICK WILLIAMS VERSUS RICHARD STALDER SHERIFF SID HEBERT WARDEN ROBERTA BOUDREAUX UNIVERSITY MEDICAL CENTER HOSPITAL MED DEPARTMENT SURGEON DOCTOR A HILL AND UNKNOWN SURGICAL SURGEON Judgment Rendered Appealed September 12 2008 from the Nineteenth Judicial District Court In and for the Parish of East Baton Rouge Louisiana Docket Number 511 222 Honorable Donald R Johnson Plaintiff Appellant Patrick Williams Angola LA in proper person L Bruce Dodd Baton Rouge Judge Presiding Counsel for Defendant LA BEFORE CARTER C J Richard Stalder Appellee et al WHIPPLE AND DOWNING JJ WHIPPLE J This is an appeal by plaintiff Patrick Williams inmate in the an custody of the Louisiana Department of Public Safety and Corrections the DPSC from a judgment of the Nineteenth Judicial District Court in Rouge Parish Baton his dismissing petition for judicial review of grievance he filed with the DPSC pursuant Remedy Procedure LSA R S CARP to the 15 1171 et In his seq specialist and personnel an administrative In the first warden of Health Services detailed testing and medical treatment concerns seen for by another plaintiff had been in accordance with s thoroughly denied in both the assistant step response had received and concluded that addressed appropriately plaintiff of abdominal and complaints noted that his medical the DPSC was medical plaintiffs The assistant warden of had failed to provide any support his allegation that the conduct of the doctor who treated to him for his remedy plaintiffs complaints and the Health Services further concluded that evidence be he requested that the administrative level at treatment I Plaintiffs request for steps grievance complained about being examined by penile discharge and groin pain medical a Corrections Administrative plaintiff contended that he had received inadequate medical female East concerns were addressed accepted standards of care Secretary addressed adequate appropriate s was unprofessional and by female medical personnel In the second step response designee concluded that the first step plaintiffs issues and and Plaintiff also asserted that and had groin pain malpractice inappropriately malpractice complaint and sought ongoing one that the care Accordingly response he received was she determined that doctor who had examined him had committed examined him Thus he asserted that he to have that doctor s license him fired 2 suspended was filing a and to have no administrative intervention Plaintiff then filed a was petition decision be affirmed and that with for 2 review in the district court judicial the Commissioner recommended that the agency In his recommendation dismissed warranted plaintiffs request for judicial review be The prejudice district accordance with the Commissioner court rendered recommendation and s judgment plaintiff III now appeals Louisiana Revised Statute 15 1177 A standard of judicial review by the district when reviewing the DPSC 9 sets court forth the appropriate which functions administrative decision as an appellate court CARP Specifically the decision only if substantial rights of the appellant have been prejudiced court may reverse because the administrative decision constitutional or of the agency 3 of law 6 manifestly on erroneous the whole or La 8 30 02 is owed by legal no ofthe statutory 4 affected procedure LSA R S authority by other error by abuse of discretion or probative and substantial 15 1177 A 808 So 9 Lightfoot 2d 710 v 715 716 823 So 2d 957 s judgment in deference is owed by a suit for the court conclusions of the district court the Louisiana in violation of 1 are excess characterized On review of the district court or in through modify the administrative findings 1st Cir 6 22 01 App under LSA R S 15 1177 or in view of the reliable record La writ denied 2001 2295 findings 2 made upon unlawful Stalder 2000 1120 factual or provisions arbitrary capricious 5 evidence statutory s Supreme Court to judicial review of appeal to the just as no deference factual findings or legal 2In two screening judgments the district court dismissed with prejudice plaintiffs claims against defendants not employed by the DPSC and dismissed without prejudice his delictual claims for damages raised in pleadings filed in the district court Thus this matter proceeded only on the request for judicial review of the denial of plaintiff s request for an administrative remedy 3 conclusions of the court of appeal McCoy Cir 9 22 00 our 15 1177 review of the administrative record and pursuant 9 A find we that the DPSC concluding manifestly no error decision s in violation of erroneous or in the district attach hereto specifically Commissioner received outlined concluded that treatment and the record and make judgment or statutory to treatment for his are which hereof the complaints and part a to capricious arbitrary medical plaintiffs find that these conclusions s In his recommendation by the medical staff was improper we court plaintiff s constitutional plaintiff had failed regular examinations and examination A Appendix as neither was rights and thus dismissing plaintiffs suit we 1st App 770 So 2d 447 450 451 Based upon LSA R S Stalder 99 1747 La v show that he had complaints Based upon or our not that any review of supported by the medical records contained in the administrative record After or fact no thorough review of the record herein a violation of in 15 1177 A 9 denying a Courts of Appeal appeal d nor any evidence that the DPSC the relief e f Rule 2 16 1 B assessed are find no error of law plaintiffs constitutional rights in the administrative decision of the DPSC capricious we was requested by plaintiff arbitrary or See LSA R S Thus in accordance with Uniform Rules the judgment is affirmed against plaintiff Patrick Williams AFFIRMED 4 Costs of this A Appendix SECTION 27 NO 511 222 PATRICK WILLIAMS 19TH JUDICIAL DISTRICT COURT PARISH OF EAST BATON ROUGE V5 RICHARD STALDER SECRETARY STATE ET AL OF LOUISIANA COMMISSIONER S RECOMMENDATION The petitioner filed the instant request received at his institution and as relief for relief requested seeking judicial review of i examined by that he be 1 I I medical outside his institution The specialists private hospital failed Corrections judgments not upon to forward his medical records entering the custody of matter 5 it is a complains that to the Department of the a Department Prior screening who were issued in this matter dismissed three individual defendants employees of the Department to raise also petitioner of Corrections and the petitioner s attempts this delictual claim for damages in this Court The Court ordered proceed confined as a to request for judicial review and pursuant to the issues raised in the petitioner s initial R S 15 1177 A request for relief filed at the agency level In the initial about problems request in the area stamped accepted April he was initially seen prostate problem treating physician by and for relief filed in this matter the a of his 7 2003 groin by and The petitioner complains 1 that I I female physician complained about The First pain relating complaint is file The initial the defendants wherein he was a subsequently diagnosed prostate exam petitioner with Celebrex for a was seen the administrative and treated for to hemorrhoids from March 6 2002 until was treated with performed by his Step Response form contained in record filed in this matter evidences the abdominal penis petitioner complains leg and back pain August on 8 2002 September 9 2002 The medical records contained in this administrative record filed in this dJ 19th JUDtCIAL DISTRICT COURT 11 I matter evidence the groin his or The urinating failed to was penis on petitioner made his first complaint regarding problems with October 25 2002 when he complained of petitioner s to his complaints regarding his groin initially examined by Dr D Bobo record as the that the medical staff at his institution contention adequately respond petitioner made no on petitioner inadequate treatment simply because he enlarged prostate treatment was The was treated by on a complaints The petitioner examination conducted by the medical staff valid medical basis The petitioner since he not supported area a by the prior to female rectal was physician examined exam on revealed Ii 1 with medication and I March 20 January 10 2003 and to show that he has not received petitioner fails and treatment for his when petitioner was treated continued with examinations area fails to show he received groin pain November 7 2002 for abdominal and 2003 The are administrative record further indicates the petitioner The an March 6 2002 complaint about his groin October 25 2002 Furthermore the difficulty regular examinations has also failed to show any was improper or done without a fails to show he is entitled to administrative relief in this matter regarding the treatment he has received This Commissioner notes that any complaints regarding treatment administrative relief not raised in the initial outside the scope of these are request for proceedings Accordingly it is the recommendation of this Commissioner that the final in this matter be affirmed and the instant agency decision rendered judicial review be dismissed with prejudice at the Respectfully recommended this petitioner s request for cost of 2005 JOHN M SMA qr C I COMMISSIOtNR 11 j J SECTION B 19TH JUDICI DISTRICT COURT FILED i b 7 T I t t it F VI r 1 f j
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