United States District Court, E.D. Louisiana
ORDER & REASONS
J. BARBIER UNITED STATES DISTRICT JUDGE
the Court are motions to dismiss filed by Defendants,
Louisiana Governor John Bel Edwards (“Governor
Edwards”) and District Attorney Paul D. Connick, Jr.
(“Defendant Connick”).Plaintiff did not file an
opposition to either motion. Having considered the motions
and legal memoranda, the record, and the applicable law, the
Court finds that the motions should be
AND PROCEDURAL BACKGROUND
lawsuit appears to stem from his arrest in May of 2015. On or
around May 30, 2015, Plaintiff was stopped by Defendant
Officer D. Boudreaux in the front yard of his
grandmother's home. Plaintiff alleges that Officer
Boudreaux “aggressively demanded that Plaintiff
identify himself” and to produce his driver's
license. Plaintiff refused to produce any identification but
identified himself as “King Sandi Amir El, a Moslem
Moorish American.” Despite Plaintiff's attempt to
resist, Officer Boudreaux grabbed Plaintiff's arm and led
him toward his police car. Plaintiff asserts that Officer
Boudreaux handcuffed him and again asked Plaintiff to
identify himself. Plaintiff “allowed his Clock of
Destiny, Moorish Nationality Card, to be observed” by
Officer Boudreaux; other deputies then arrived at the scene.
One of the deputies who arrived on scene allegedly told
Plaintiff, “You're not King, you are Carlton
Morris.” Plaintiff instructed the officer that his name
is not Carlton Morris, but rather King Sandi Amir El. Officer
Boudreaux then told Plaintiff to get into the police car
voluntarily or he would use his TASER on him. Thereafter,
Plaintiff was transported to the Jefferson Parish
Correctional Center (“JPCC”). Plaintiff alleges
that at the JPCC he again identified himself as a Moslem
Moorish American but was mocked by Jefferson Parish deputies.
While in the JPCC, Plaintiff asserts that he was held under
the false name of Carlton Clennon Morris and identified on
documents as “Negro” or “black, ”
which Plaintiff also alleges is untrue.
June 2015, Plaintiff allegedly served an “affidavit of
objection in lieu of a motion, inclusive of affidavit in
support of objection with supporting documentary
evidence” on Defendant Connick. Later, Plaintiff spoke
with the Jefferson Parish Criminal Commissioner, Paul H.
Schneider, and asked whether the Defendant Connick received
these documents, to which Commissioner Schneider allegedly
responded, “You are Carlton Morris.” Plaintiff
alleges that he was “invidiously coerced by
[Commissioner Schneider]” into being documented as
Carlton Clennon Morris and identified as a
“Negro.” In September 2015, Plaintiff made an
appearance at the Twenty-Fourth Judicial District courtroom
and proclaimed that he was not a Negro, black, or a colored
person. Thereafter, Commissioner Schneider allegedly stated,
“You are black, and you are a Negro, and if you say
anything else I will hold you in contempt.” Plaintiff
told Commissioner Schneider that he was denying him his right
to be heard and that Plaintiff did not consent to being held
“in involuntary servitude for defending [his] honor and
reputation.” Commissioner Schneider ordered the
courtroom officer to handcuff Plaintiff and transport him to
the JPCC. Plaintiff alleges that he was held for
approximately forty-eight hours without reprieve. Plaintiff
again alleges he was held under the name Carlton Clennon
Morris. Finally, in January 2016, Plaintiff made another
appearance at the Twenty-Fourth Judicial District courtroom.
During proceedings before the Honorable Raymond Steib,
Plaintiff asserts that he was asked to “please remove
your hat” which was a “Moorish Fez.”
Further, Plaintiff alleges Judge Steib ordered Carlton
Clennon Morris to take a drug test, but Plaintiff again
alleges that he is not Carlton Clennon Morris. After
Plaintiff was ordered to take the drug test, Plaintiff
apparently fled and an attachment was issued.
March 14, 2016, Plaintiff filed this pro se and in forma
pauperis suit against Jefferson Parish and the State of
Louisiana. (R. Doc. 1.) Plaintiff was granted leave to file
an amended complaint and named the following individuals as
Defendants: Governor Edwards, Defendant Connick, D.
Boudreaux, and Sherriff Newell Norman, in their personal and
official capacities. (R. Docs. 31, 32.) Plaintiff's
amended complaint includes thirty-five different claims,
including numerous alleged constitutional violations, against
the four Defendants listed in the amended complaint.
Plaintiff seeks monetary compensation from these Defendants
and a declaration that they are not permitted to refer to him
as Carlton Clennon Morris. Further, Plaintiff seeks a
declaration that Defendants are not permitted to label or
document him as Negro, black, African, or colored person.
Plaintiff also asks this Court to enjoin the criminal
proceedings against him in the Twenty-Fourth Judicial
District Court for the Parish of Jefferson, Louisiana.
March 28, 2017, Defendant Connick filed a motion to dismiss
Plaintiff's complaint as frivolous and for failing to
state a plausible claim for relief. (R. Doc. 35.) Defendant
Connick also argues that even if a claim may be divined from
Plaintiff's filings, he is entitled to absolute
prosecutorial immunity and qualified immunity. On April 11,
2017, Governor Edwards filed a motion to dismiss
Plaintiff's complaint as frivolous and for failing to
state a plausible claim for relief. (R. Doc. 38.) Governor
Edwards argues that Plaintiff's complaint lacks any
arguable basis in law and fact and is indisputably meritless.
Further, Governor Edwards contends that even if Plaintiff has
stated a claim for relief, Plaintiff is not entitled to
monetary damages from him, and he is entitled to qualified
immunity. Again, Plaintiff has not filed a response to either
motion. These motions are now before the Court on the briefs
and without oral argument.
the Federal Rules of Civil Procedure, a complaint must
contain “a short and plain statement of the claim
showing that the pleader is entitled to relief.”
Fed.R.Civ.P. 8(a)(2). The complaint must “give the
defendant fair notice of what the claim is and the grounds
upon which it rests.” Dura Pharm., Inc. v.
Broudo, 544 U.S. 336, 346 (2005). The allegations
“must be simple, concise, and direct.”
Rule 12(b)(6), a claim may be dismissed when a plaintiff
fails to allege any set of facts in support of his claim
which would entitle him to relief.” Taylor v. Books
A Million, Inc., 296 F.3d 376, 378 (5th Cir. 2002)
(citing McConathy v. Dr. Pepper/Seven Up Corp., 131
F.3d 558, 561 (5th Cir. 1998)). To survive a Rule 12(b)(6)
motion to dismiss, the plaintiff must plead enough facts to
“state a claim to relief that is plausible on its
face.” Ashcroft v. Iqbal, 556 U.S. 662, 678
(2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S.
544, 570 (2007)). A claim is facially plausible when the
plaintiff pleads facts that allow the court to “draw
the reasonable inference that the defendant is liable for the
misconduct alleged.” Id. A court must accept
all well-pleaded facts as true and must draw all reasonable
inferences in favor of the plaintiff. Lormand v. U.S.
Unwired, Inc., 565 F.3d 228, 232 (5th Cir. 2009);
Baker v. Putnal, 75 F.3d 190, 196 (5th Cir. 1996).
The court is not, however, bound to accept as true legal
conclusions couched as factual allegations. Iqbal,
556 U.S. at 678. “[C]onclusory allegations or legal
conclusions masquerading as factual conclusions will not
suffice to prevent a motion to dismiss.”
Taylor, 296 F.3d at 378.
Governor Edwards' Motion to Dismiss
Governor Edwards liable, Plaintiff must establish either that
he was “personally involved in the acts causing the
deprivation of his constitutional rights or that a causal
connection exists between an act of [Governor Edwards] . . .
and the alleged constitutional violation.” Miller
v. Clement, No. 16-5778, 2016 WL 4530620, at *3 (E.D.
La. Aug. 10, 2016) (quoting Douthit v. Jones, 641
F.2d 345, 346 (5th Cir. 1981)). Plaintiff's complaint (R.
Doc. 1) and amended complaints (R. Docs. 5, 32) are devoid of
any facts which would suggest that Governor Edwards should be