United States District Court, W.D. Louisiana, Alexandria Division
H.L. PEREZ-MONTES UNITED STATES MAGISTRATE JUDGE.
Kyle McCain (“McCain”) filed a Motion to Dismiss
(Doc. 15). McCain's motion is granted.
the Court is civil rights complaint filed (and amended)
pursuant to 42 U.S.C. § 1983, as well as supplemental
state law claims, by Plaintiff Jeremy Hudson
(“Hudson”) (Docs. 1, 17). The named Defendants
are the Town of Woodworth, Louisiana and McCain (an officer
employed by the Town of Woodworth Police Department). Hudson
alleges Officer McCain violated his constitutional rights
during a traffic stop in the Town of Woodworth. Hudson
asserts constitutional and state law claims for assault,
negligent and intentional infliction of emotional distress,
cruel treatment, false arrest/imprisonment, malicious
prosecution, and deliberate indifference to Hudson's
rights against McCain. Hudson further alleges the Town of
Woodworth was negligent in hiring, training, and retaining
McCain. Hudson seeks monetary damages for emotional, mental,
and psychological injuries, medical expenses, punitive
damages, attorney fees, and costs.
alleges violations of his Eighth and Fourteenth Amendment
rights. Hudson alleges that, on February 19, 2016, McCain
pulled Hudson over when he was passing through the Town of
Woodworth (Doc. 1). McCain asked permission to search
Hudson's vehicle, Hudson refused, and McCain searched it
anyway. After the search revealed nothing incriminating,
McCain asked to see Hudson's license and registration.
McCain then issued Hudson three tickets: (1) improper
equipment (no tail lights or brake lights); (2) television
prohibited; and (3) improper muffler. When Hudson refused to
sign the tickets, McCain purportedly threw Hudson's
driver's license on the ground and spit on it. McCain
then “advised” Hudson “to leave Woodworth
before it gets bad.” Hudson appeared in the Town of
Woodworth Mayor's Court, where all three tickets were
seeks monetary damages for emotional, mental, and
psychological injuries, medical expenses, punitive damages,
attorney fees, and costs.
removed. Defendants premise federal jurisdiction on a federal
question (28 U.S.C. § 1983). The Town of Woodworth filed
a Motion to Dismiss (Doc. 7), which was granted (Doc. 23).
Only Hudson's Fourteenth Amendment claims against the
Town of Woodworth remain.
McCain also filed a Motion to Dismiss or for a More Definite
Statement (Doc. 15), adopting the Town of Woodworth's
arguments. McCain contends: (1) punitive damages are not
authorized under Louisiana law; and (2) Hudson has not stated a
viable claim under the Eighth Amendment (Doc. 7). McCain also
contends the complaint is vague and ambiguous, and asks for a
more definite statement (Doc. 7).
Motion to Dismiss is now before the Court for disposition.
Law and Analysis
Hudson's Eighth Amendment claim should be
contends Hudson's Eighth Amendment claim should dismissed
because he was not convicted on the traffic tickets.
language of the Eighth Amendment-“[e]xcessive bail
shall not be required, nor excessive fines imposed, nor cruel
and unusual punishments inflicted”- manifests “an
intention to limit the power of those entrusted with the
criminal-law function of government.” Whitley v.
Albers, 475 U.S. 312, 318 (1986) (citing Ingraham v.
Wright, 430 U.S. 651, 664 (1977)). The Cruel and Unusual
Punishments Clause “was designed to protect those
convicted of crimes, ” and consequently the Clause
applies “only after the State has complied with the
constitutional guarantees traditionally associated with
criminal prosecutions.” Id. (citing
Ingraham, 430 U.S. at 671, n. 40).
claims are not viable under the Eighth Amendment because he
was not convicted and sentenced. Therefore, McCain's
Motion to Dismiss Hudson's Eighth Amendment claims should
be granted. Only ...