United States District Court, W.D. Louisiana, Lake Charles Division
PRINCETON S. VALLO DOC # 130190/545296
KEITH COOLEY, ET AL.
KATHLEEN KAY UNITED STATES MAGISTRATE JUDGE
the court is a civil rights complaint [doc. 1] filed in
forma pauperis by pro se plaintiff Princeton S.
Vallo (“Vallo”). Vallo is an inmate in the
custody of the Louisiana Department of Public Safety and
Corrections and is currently incarcerated at Caddo
Correctional Center in Shreveport, Louisiana. However, his
claims relate to events that occurred while he was
incarcerated at Allen Correctional Center (“ALC”)
in Kinder, Louisiana. Vallo names the following ALC personnel
as defendants herein: Warden Keith Cooley, Michelle Harmon,
Mrs. Griffin, Travis Jackson, Austin Riser, Sergeant Philips,
Captain Sonnier, Sergeant Wells, M.D. Hurst, and Nurse
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.
alleges that on June 6, 2016, defendant Harmon denied his
“right to be read my rights & [Disciplinary Board]
member Griffin did not do her job & issue me one after
requested . . . .” Doc. 1, p. 3. He states that after
the above incidents occurred, defendant Jackson grabbed the
chain connected to his handcuffs and shackles, dragged him
out of the disciplinary board hearing, and began stomping,
kicking, and punching him. Id. Vallo claims that
defendants Riser and Philips “came [to] help & . .
. started kicking & punching” him too. Id.
He states that defendant Wells then “came in with the
camera.” Id. Vallo contends that he was then
picked up by the chain and held in the air “with all
the pressure on my wrist & ankles swelling up in
excruciating pain, ” and that he screamed for help.
Id. Vallo alleges that the defendants knew that he
could have walked but instead choose to pick him up
“like a dog then . . . dropped [him] & picked [him]
up again, [and] threw [him] in a cell.” Id. He
maintains that once in the cell he put his arms through the
tray hatch in order to be unrestrained and that defendant
Philips “yanked my chains before he uncuffed me[, ]
swelling & cutting up my wrist & ankles.”
Id. Vallo alleges that although Captain Sonnier and
Sergeant Wells had a camera during the incident, he does not
believe that they reported anything to GEO. Id. at
complains that when he saw Nurse Hebert she did not give him
an ice pack to help reduce the swelling. Id. at 3.
He further contends that he did not see “M.D. Hurst
again[, ] even after Hebert said she would refer
[Vallo's] chart over to him. She said if he wants you to
get evaluated by him he'll do so because he reads all
sick call request forms.” Id. at 4.
relief, Vallo asks for $500, 000 in punitive damages and
$250, 000 in compensatory damages for the “ongoing
nerve damage that was inflicted by the beating with the cuffs
to [his] left forearm, together with the pain, suffering,
emotional distress, mental anguish & paranoia of any
officer, & phobic of cuffs & shackles on [him] around
officers with chemical agent spray, guns, &
has been granted leave to proceed in forma pauperis
under 28 U.S.C. § 1915. Doc. 8. 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 ...