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Wetzel v. Goodwin

United States District Court, W.D. Louisiana, Shreveport Division

January 15, 2015

ANDREW D. WETZEL, LA. DOC #539179
v.
JERRY GOODWIN, ET AL

SECTION P

Andrew D Wetzel, Plaintiff, Pro se, Homer, LA.

KAREN L. HAYES, UNITED STATES MAGISTRATE JUDGE. JUDGE DONALD E. WALTER.

REPORT AND RECOMMENDATION

KAREN L. HAYES, UNITED STATES MAGISTRATE JUDGE.

Pro se plaintiff Andrew D. Wetzel, proceeding in forma pauperis, filed the instant civil rights complaint pursuant to 42 U.S.C. § 1983 on November 21, 2014. Plaintiff is an inmate in the custody of Louisiana's Department of Corrections (DOC); he is incarcerated at the David Wade Corrections Center (DWCC). Plaintiff sues DWCC's Warden, Jerry Goodwin, DOC Secretary James LeBlanc, and various named and unnamed Corrections Officers, social workers, employees and physicians employed at DWCC, Elayn Hunt Correctional Center (EHCC), St. Gabriel, Louisiana, and the Rayburn Correctional Center (RCC), Angie, Louisiana. This matter has been referred to the undersigned for review, report and recommendation in accordance with the provisions of 28 U.S.C. § 636 and the standing orders of the Court.

Statement of the Case

Plaintiff claims -- (1) that he was sexually assaulted by an EHCC Staff Member sometime during the period between " the last few months of 2010 and the first month of 2011; " (2) that he was sexually assaulted three times by inmates at RCC in April and May 2012 and thereafter denied medical care; and (3) that he was " harassed" and then sexually assaulted by an inmate named Parker at DWCC in January, 2014, and that his attempts to obtain treatment for AIDS and his attempts to obtain housing away from the offender were denied. [Doc. 1] In a separate pleading he alleged that he is housed in " N5 at DWCC in Cell #4" and his attacker is assigned to Cell #1, and, his requests for transfer to another cell have been denied. [Doc. 1-2] On the same date plaintiff filed a Motion for a Preliminary Injunction and Restraining Order. Again alleging that his assailant is housed in close proximity. He requested an order transferring him to the protective custody cell. [Doc. 3]

1. Cause of Action -- Sexual Assault at EHCC

Plaintiff claims that he was sexually assaulted by an EHCC staff member during the latter part of 2010 and the early part of 2011. Plaintiff filed a prior civil action in the United States District Court for the Middle District of Louisiana in 2011 alleging, inter alia, that he was the victim of a sexual assault perpetrated by an employee at EHCC. In that civil action, plaintiff's application to proceed in forma pauperis was denied because plaintiff had accumulated more than three strikes pursuant to 28 U.S.C. § 1915(g). His failure to pay the filing fee resulted in the dismissal of the action. See Andrew David Wetzel v. Howard Prince, et al., Civil Action No. 3:11-cv-00010 (M.D.La.).

2. Cause of Action -- Sexual Assault and Denial of Medical Care at RCC

Plaintiff claims that he was sexually assaulted and thereafter denied medical care while he was incarcerated at the RCC in 2012. Plaintiff filed a prior civil action in the United States District Court for the Eastern District of Louisiana in 2012 alleging that he was the victim of sexual assaults in 2011 and 2012 while incarcerated at the RCC. That civil action was ultimately dismissed in December 2012 for failing to exhaust administrative remedies. See Andrew David Wetzel vs. Louisiana Department of Corrections, et al., Civil Action No. 2:12-cv-1550 (E.D.La.).

3. Cause of Action -- Sexual Assault and Denial of Transfer at DWCC

In his third cause of action, plaintiff complains that he was sexually assaulted by an inmate named Parker at DWCC in January 2014 and thereafter refused AIDS treatment and a transfer to protective custody.

On September 25, 2014 plaintiff filed an " Emergency Request for T.R.O./Injunction" claiming that " starting in 2013 the petitioner has been sexually harassed and assaulted by offender Charles Parker and that his repeated requests for transfer to protective custody have been ignored." He also alleged that he has been denied treatment for AIDS. Plaintiff's application to proceed in forma pauperis remains ...


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