Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hill v. Phan

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

July 9, 2015

DAVID LEE HILL
v.
HAI PHAN, ET Al.

REPORT AND RECOMMENDATION

MARK L. HORNSBY, Magistrate Judge.

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 David Lee Hill ("Plaintiff"), pursuant to 42 U.S.C. ยง 1983. This complaint was filed in this court on March 18, 2013. Plaintiff claims his civil rights were violated during his arrest, criminal trial proceedings, and detention. Plaintiff is incarcerated at the Caddo Correctional Center in Shreveport, Louisiana. Plaintiff names Willie Shaw, Charles Rex Scott, Alan J. Golden, John D. Mosely, Jr., Michael Enwright, Ross Owen, Gregory Scott Brady, Assistant District Attorney Amanda Sullivan, and Mrs. Lewis as defendants.[1]

Plaintiff claims Shreveport Police Chief Willie Shaw and Caddo Parish District Attorney Charles Scott have impeded the process of justice in his case. He claims he has filed several motions for the video from the police unit cameras. He claims this evidence is exculpatory and proves excessive force was used against him. He also claims Willie Shaw failed to provide him with the background information of Officer Phan and the Unknown Officer.

Plaintiff claims District Attorney Scott and attorney Alan J. Golden conspired to discriminate against African Americans, abrogated their constitutional rights by not following state statutory laws when in their favor, and racially profiling and selectively prosecuting them.

Plaintiff claims Alan Golden's administration of the Public Defender's Office creates a conflict of interest which undermines the confidential client-attorney relationship. He claims the public defenders and the assistant district attorneys are one and the same under the Caddo Parish judicial system and therefore violate his due process rights. He claims Alan Golden failed to properly train his subordinates Michael Enwright and Ross Owen who provided him with ineffective assistance of counsel and deprived him of a fair trial. Plaintiff claims he has filed at least 25 pre-trial motions and Defendants refused to acknowledge them.

Plaintiff claims District Attorney Scott maliciously prosecuted him because there was insufficient evidence to prosecute him. He claims District Attorney Scott failed to properly train his subordinates Gregory Scott Brady and Amanda Sullivan. He claims an assistant district attorney insisted that he accept a plea agreement without considering the facts of his case which clearly demonstrate that he is guilty of trespassing and not simple burglary.

Plaintiff claims he has been denied access to the courts. He claims he has been excluded from the law library. He claims he is only allowed to go to the law library once a week for thirty minutes. Plaintiff claims he was working on discovery requests at the time. He claims he had four matters pending in the Louisiana Second Circuit Court of Appeal, one matter pending in the Supreme Court of Louisiana, and matters pending in the Supreme Court of the United States. He claims he was represented by counsel during his criminal case in the Louisiana First Judicial District Court.

Plaintiff claims that on March 19, 2013, the Louisiana Second Circuit Court of Appeal granted his writ of mandamus and ordered the Louisiana First Judicial District Court to rule on his dispositive motions within 30 days. Plaintiff claims Judge Mosely and the Assistant District Attorney had him brought to court on April 2, 2013 without his attorney Kammi Whatley. He claims Judge Mosely refused him the opportunity to speak about the absence of his attorney. He claims Michael Enwright was present to represent him. He claims Judge Mosely told Michael Enwright that he did not have to adopt his pro se motions. Plaintiff claims Michael Enwright then said that he would not adopt the motions and would file his own motions. He claims Michael Enwright disregarded Kammi Whatley's motion for discovery which was supplemental to his pro se motions. He claims Michael Enwright knew nothing about his case and had no right to disregard his motions and file his own motions. He claims Michael Enwright has disregarded his insanity defense. He claims his jury trial was set for May 6, 2013, in spite of Michael Enwright's objections. Plaintiff claims Judge Mosely defied the order of the Louisiana Second Circuit Court of Appeal.

Plaintiff claims that on January 27, 2014, he was convicted and sentenced of his original charge of simple burglary. He claims his conviction and sentence are illegal. Plaintiff claims the court exceeded its jurisdiction. He claims the statute under which he was convicted and sentenced is unconstitutional. He claims the photographic evidence against him was staged. He claims his attorney Ross Owen refused to oppose the State in adversarial litigation and provided him with ineffective assistance of counsel. He claims he accepted the plea agreement under duress because he knew his attorney had nothing prepared for trial. He also claims Owen ordered a psychological evaluation of him and the doctor ordered medication for him which would either cause incompetency or death. He also claims Owen advised him to leave town once he was released.

Accordingly, Plaintiff seeks his immediate release from incarceration, monetary compensation, and the removal of all Defendants from office.

LAW AND ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.