United States District Court, W.D. Louisiana, Monroe Division
Clyde Wyatt, Plaintiff, Pro se, Shreveport, LA.
KAREN L. HAYES, UNITED STATES MAGISTRATE JUDGE. ROBERT G. JAMES.
REPORT AND RECOMMENDATION
KAREN L. HAYES, UNITED
STATES MAGISTRATE JUDGE.
Pro se plaintiff Clyde Wyatt, proceeding in forma pauperis, filed the instant civil rights complaint pursuant to 42 U.S.C. § 1983 on July 22, 2014. When he filed this complaint he was a detainee in the custody of the Ouachita Parish Sheriff; he has since been released from custody and now resides at a shelter located on Cornwell Avenue in Shreveport.
When suit was filed plaintiff was detained at the Ouachita Parish Corrections Center awaiting trial on various charges lodged in the Fourth Judicial District Court. He complained that he was falsely arrested and imprisoned and that he was being maliciously prosecuted. He sued the Richwood Correctional Center, its Warden, and the investigating officer, Detective Mike Fendall of the Monroe Police Department. In a motion to file an amended complaint filed on August 25, 2104 he requested that Ouachita Parish and the St. Francis Hospital be included as defendants. [Doc. 9] That motion was granted. [Doc. 12] Plaintiff thereafter filed a " petition for declaratory and injunctive relief" on December 5, 2014. In that pleading he named as additional defendants the governing bodies of Ouachita Parish and the City of Monroe, Louisiana. He prayed for a judgment recognizing that these entities have previously submitted false information concerning outstanding warrants and criminal convictions to agencies seeking background checks on the plaintiff; and he requested an injunction prohibiting these entities from doing so again now and in the future.
These matters have 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.
As noted above, plaintiff was a pre-trial detainee in the OCC when he filed his original complaint on July 22, 2014. He complained that having completed a sentence he was serving at RCC he was thereafter " detained without authority" by RCC and " transferred to another facility against my will without authority or arrest while a warrant had been obtained it was not executed..." Thereafter, he was " booked in at OCC against my will on different charges than shown to date." He blamed RCC for his " continued illegal incarceration herein." [Doc. 1] He prayed for money damages and for copies of " surveillance footage of MPD Det. Fendall seizing my personal property without my being present..."
His form complaint was accompanied by a hand-written complaint entitled " Original Petition 1983 Claim for False Arrest and Detention." Therein he alleged that the complained of events, namely his allegedly unlawful detention and transfer, occurred on January 7, 2014. He further alleged that his wrongful arrest, detention, and prosecution began with his arrest on November 24, 2013. On that date he was charged with " an assortment of misdemeanors" and booked into RCC. He claims that thereafter Det. Fendall tampered with plaintiff's property, apparently in an effort to ensure plaintiff's subsequent conviction. He included a number of exhibits which suggest that he was formally charged with various criminal offenses in the matters entitled State of Louisiana v. Clyde Wyatt, No. 13-F3319, F3320, F3321 and F3322-2 of the Fourth Judicial District Court. The exhibits further establish that counsel was appointed to represent plaintiff on the pending criminal charges and that despite that fact, he filed numerous unspecified pro se motions which were ultimately denied by the trial court and the Second Circuit Court of Appeals. [Docs. 1-2, 1-3, and 1-4]
On August 25, 2014, plaintiff filed a motion to amend his complaint to add new defendants and new cause of action. He alleged claims of malicious prosecution, slander, and negligence with respect to Ouachita Parish; false arrest, assault, and harassment against the St. Francis Hospital, and defamation and harassment against the Monroe City Police Department. [Doc. 9]
On August 26, 2014, he filed a motion to appoint counsel. [Doc. 10]
On September 22, 2014, the undersigned directed plaintiff to amend his complaint. [Doc. 11] On the same date his motion to amend was granted; however, his motion for appointment of counsel was denied. [Doc. 12]
On September 22, 2014, he filed another version of his motion to amend, naming Ouachita Parish, St. Francis Hospital, and the Monroe Police Department as defendants. [Doc. 13] He attached exhibits from the ongoing proceedings in the Fourth Judicial District Court and claimed again that ...