United States District Court, W.D. Louisiana, Lafayette Division
PATRICK HANNA JUDGE.
PATRICK J. HANNA UNITED STATES MAGISTRATE JUDGE.
se plaintiff Mark Austin, proceeding in forma
pauperis, filed the instant civil rights complaint
pursuant to 42 U.S.C. §1983 on May 8, 2017. Plaintiff is
incarcerated at the Lafayette Parish Correctional Center
(LPCC), in Lafayette, Louisiana. He complains that he was
falsely arrested by Officers Oakes and Eaton of the Lafayette
Police Department on May 17, 2016. He sues Officer Oakes,
Officer Eaton, Officer Credeur, Police Department of
Lafayette and the City of Lafayette. This complaint 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.
Rule 8 Considerations
of the Federal Rules of Civil Procedure does not require
explicit detail, but it does require a plaintiff to allege
specific facts which support the conclusion that his
constitutional rights were violated by each person
who is named as a defendant. This conclusion must be
supported by specific factual allegations stating the
(1) the name(s) of each person who allegedly violated
plaintiff's constitutional rights;
(2) a description of what actually occurred or what each
defendant did to violate plaintiff's rights;
(3) the place and date(s) that each event occurred;
(4) a description of the alleged injury sustained as a
result of the alleged violation.
should amend his complaint to provide the information
required by Rule 8 with respect to EACH plaintiff.
Heck v. Humphrey and Wallace v. Kato
contests the legality of his arrest and continued
imprisonment. It is presumed that plaintiff is a pre-trial
detainee and that the complained of prosecution is on-going.
However, plaintiff should amend to clarify whether there has
been an adjudication of the criminal charges that comprise
the basis of this complaint. Of course, if plaintiff is
ultimately convicted of these now pending charges, he may not
be entitled to seek damages for the wrongful arrest,
imprisonment, and prosecution until such time as ...