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.

Perclek v. DeRidder Police Dept.

United States District Court, W.D. Louisiana, Lake Charles Division

October 19, 2017

CHEYENNE LUKE PERCLEK, JR. DOC #495390
v.
DeRIDDER POLICE DEPT, ET AL.

         SECTION P

          MEMORANDUM ORDER

          KATHLEEN KAY UNITED STATES MAGISTRATE JUDGE

         Before the court is a civil rights complaint filed in forma pauperis by pro se plaintiff Cheyenne Luke Percle, Jr. (“Percle”). Percle is currently housed at Caldwell Correctional Center in Greyson, Louisiana. As defendants, he names the DeRidder Police Department, and DeRidder Police Officer Jay Purdue.

         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.

         I.

         Background

         Percle claims that on June 21, 2016, he was arrested by Officer Boone of the DeRidder Police Department and placed in Boone's patrol car. Doc. 1, att. 2, pp. 1, 5. He alleges that Officer Purdue was following Boone's vehicle and that the officers pulled their vehicles to the side of the road. Id. at 1. He states that Boone exited the vehicle at which time Purdue walked up and told Boone “to watch.” Id. Percle claims that Purdue pulled him to the edge of the passenger's seat and began punching him in the face and head. Id. at 1, 5. Percle contends that he was handcuffed at the time. Id. at 5. He states that Purdue told Boone to get his (Purdue's) patrol car. Id. While Boone was doing as asked, Percle alleges that Purdue pulled him out of the vehicle and slammed both the right and left side of his face on the ground. Id. at 2, 5. Percle claims that Purdue then punched him in the back of his head several times. Id. at 2. He states that he was taken to DeQuincy Memorial Hospital where he received stitches in his chin and a CAT scan revealed cracked ribs. Id. Percle lists the charges against him as (1) aggravated flight from an officer; (2) battery of an officer; and (3) criminal damage to property. Id. at 8.

         As relief, Percle seeks compensatory and punitive damages, including “pain and suffering, lost income, projected lost wages, loss of consortium, compensation for hospital cost, [and] mental anguish.” Doc. 1, p. 4.

         II.

         Law & Analysis

         A. Frivolity Review

         Percle has been granted leave to proceed in forma pauperis under 28 U.S.C. § 1915. Doc. 4. This Act directs a district court to dismiss an action if the court determines that it is frivolous or malicious or fails to state a claim on which relief may be granted. Bradley v. Puckett, 157 F.3d 1022, 1025 (5th Cir. 1998) (citing 28 U.S.C. § 1915(e)(2)(B)(i) and (ii)).

         A complaint is frivolous if it lacks an arguable basis in law or fact. Gonzalez v. Wyatt, 157 F.3d 1016, 1019 (5th Cir. 1998). A complaint fails to state a claim upon which relief may be granted if it is clear the plaintiff cannot prove any set of facts in support of his claim that would entitle him to relief. Doe v. Dallas Indep. Sch. Dist., 153 F.3d 211, 215 (5th Cir. 1998). When determining whether a complaint is frivolous or fails to states a claim upon which relief may be granted, the court must accept plaintiff's allegations as true. Horton v. Cockrell, 70 F.3d 397, 400 (5th Cir. 1995) (frivolity); Bradley, 157 F.3d at 1025 (failure to state a claim).

         B. 42 ...


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.