United States District Court, W.D. Louisiana, Lake Charles Division
CHEYENNE LUKE PERCLEK, JR. DOC #495390
DeRIDDER POLICE DEPT, ET AL.
KATHLEEN KAY UNITED STATES MAGISTRATE JUDGE
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.
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.
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.
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.
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)).
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).