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Hall v. Ellerbe

United States District Court, Western District of Louisiana, Shreveport Division

November 5, 2014

RANDY L. HALL
v.
TRACY ELLERBE, ET AL

Randy L Hall, Plaintiff, Pro se, Homer, LA.

REPORT AND RECOMMENDATION

Mark L. Hornsby, U.S. Magistrate Judge. JUDGE WALTER.

In accordance with the standing order of this court, this matter was referred to the undersigned Magistrate Judge for review, report and recommendation.

STATEMENT OF CLAIM

Before the court is a civil rights complaint filed in forma pauperis by pro se plaintiff Randy L. Hall (" Plaintiff"), pursuant to 42 U.S.C. § 1983. This complaint was received and filed in this Court on February 9, 2012. Plaintiff is incarcerated at the David Wade Correctional Center in Homer, Louisiana, and claims his civil rights were violated by prison officials. He names Sgt. Tracy Ellerbe, Sgt. Young, Cpt. D. Lee, Warden Jerry Goodwin, Cpt. Gordon, Cpt. Coleman, Sgt. Sanford, and Sgt. Sullivan as defendants.[1]

Plaintiff claims Defendants were grossly negligent and committed a breach of security and maleficence in office. He claims that on October 15, 2011, he was returning to his cell from the shower area when Sgt. Ellerbe mistakenly opened inmate Demon Douglas's cell door instead of his. He claims Douglas exited his cell with a shank. He claims Douglas hit him several times with a closed fist and the shank. He claims he fought back in self-defense.

Plaintiff claims Sgt. Ellerbe, Sgt. Young, and Cpt. Lee watched the altercation for sometime before intervening. He claims he and Douglas were examined by the medical staff. He claims he and Douglas were written up for fighting.

Plaintiff claims that on October 25, 2011, the disciplinary board found him guilty of fighting even though he was acting in self-defense. He claims the disciplinary report failed to mention that Douglas had a shank. He claims he was sentenced to ten days isolation, 12 weeks loss of yard and recreation, and restitution. Plaintiff claims his disciplinary appeal was denied.

Plaintiff claims he still suffers from mental anguish and stress because he does not feel safe. He claims Warden Goodwin is supervisory liable for failure to properly train his officers. He claims Defendants were never punished for their breach of security.

Plaintiff claims that on February 23, 2012, Cpt. Coleman and Sgt. Sanford conducted shake-downs in the extended lock-down unit. He claims that when Sgt. Sullivan opened cell door number 1, his cell door inadvertently opened.

Plaintiff claims he suffers nightmares, cold sweats, mental anguish, distress, and misery because he does not feel safe.

As relief, Plaintiff seeks compensatory and punitive damages, costs, medical fees, declaratory and injunctive relief, his disciplinary conviction and sentence voided, a transfer, to be released from extended lock-down, and any other relief to which he is entitled.

For the reasons that follow, Plaintiff's complaint should be ...


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