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Gage v. Jenkins

United States District Court, Middle District of Louisiana

November 3, 2014

CHRISTOPHER GAGE (#424395)
v.
LEON JENKINS, ET AL

Christopher Gage, Plaintiff, Pro se, Angola, LA.

For Leon Jenkins, Robert Rowe, Eric Hinyard, Linden Franklin, Defendants: Stacey Wright-Johnson, LEAD ATTORNEY, Louisiana Department of Justice - B.R., Baton Rouge, LA.

OPINION

STEPHEN C. RIEDLINGER, UNITED STATES MAGISTRATE JUDGE.

NOTICE

Please take notice that the attached Magistrate Judge's Report has been filed with the Clerk of the U.S. District Court.

In accordance with 28 U.S.C. § 636(b)(1), you have 14 days after being served with the attached report to file written objections to the proposed findings of fact, conclusions of law, and recommendations set forth therein. Failure to file written objections to the proposed findings, conclusions and recommendations within 14 days after being served will bar you, except upon grounds of plain error, from attacking on appeal the unobjected-to proposed factual findings and legal conclusions accepted by the District Court.

ABSOLUTELY NO EXTENSION OF TIME SHALL BE GRANTED TO FILE WRITTEN OBJECTIONS TO THE MAGISTRATE JUDGE'S REPORT.

Before the court is the defendants' Motion For Partial Summary Judgment. Record document number 18. The motion is opposed.[1]

Pro se plaintiff, an inmate confined at Louisiana State Penitentiary, Angola, Louisiana, filed this action pursuant to 42 U.S.C. § 1983 against Capt. Leon Jenkins, Lt. Robert Rowe, Maj. Eric Hinyard, Lt. Col. Linden Franklin, Sgt. Tywanna Taylor, [2] Sgt. C.B. Johnson and Cadet Kenneth Jarvis. Plaintiff alleged that he was subjected to an excessive use of force in violation of his constitutional rights.

For the reasons which follow, the defendants' motion for summary judgment should be denied.

I. Factual Allegations

Plaintiff alleged that on November 3, 2012, Sgt. Taylor discovered him in a dark room in the Main Prison Education Building where he was using a cell phone. Plaintiff alleged that Sgt. Taylor conducted a pat down search and found the cell phone in the plaintiff's pocket. Plaintiff alleged that Sgt. Taylor escorted him to the security booth and contacted her supervisors for assistance. Plaintiff alleged that he walked toward Sgt. Taylor, causing her to back up against a wall. Plaintiff alleged that he used his weight to pin Sgt. Taylor down and then reached into her pocket and retrieved the cell phone. Plaintiff alleged that he ran to the bathroom and flushed the cell phone down the toilet.

Plaintiff alleged that Capt. Jenkins and Lt. Rowe responded to the activated beeper and handcuffed the plaintiff behind his back. Plaintiff alleged that Sgt. Taylor struck the plaintiff on his right shoulder and right arm and Lt. Marshal Pierre intervened and stopped her.

Plaintiff alleged that Capt. Jenkins and Lt. Rowe escorted him to administrative segregation in the Main Prison, Cellblock D. Plaintiff alleged that he was taken to an area near the downstairs restroom and was surrounded by the defendants. Plaintiff alleged that Lt. Rowe asked him three times why he struck Sgt. Taylor and then proceeded to strike the plaintiff on the side of his head and face. Plaintiff alleged that his head struck the bathroom door injuring his eye and causing ...


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