United States District Court, E.D. Louisiana
ORDER & REASONS
J. BARBIER UNITED STATES DISTRICT JUDGE
the Court is a Motion to Dismiss Pursuant to FRCP 12(c)
or, alternatively, for Summary Judgment Pursuant to FRCP
56 filed by Defendant, former Jefferson Parish Sheriff
Newell Normand, in his individual capacity, and current
Jefferson Parish Sheriff Joseph Lopinto, in his official
capacity as the Sheriff of Jefferson Parish. (Rec.
Doc. 60.) Plaintiff, King Sandi Amir El, did not
file an opposition to the motion. Having considered the
motion and legal memoranda, the record, and the applicable
law, the Court finds that the Motion to Dismiss
should be GRANTED.
AND PROCEDURAL BACKGROUND
litigation appears to stem from Plaintiff's arrest in May
of 2015. On or around May 30, 2015, Plaintiff was stopped by
Defendant Officer D. Boudreaux in the front yard of his
grandmother's home. Plaintiff alleges that Officer
Boudreaux “aggressively demanded that Plaintiff
identify himself” and to produce his driver's
license. Plaintiff refused to produce any identification but
identified himself as “King Sandi Amir El, a Moslem
Moorish American.” Despite Plaintiff's attempt to
resist, Officer Boudreaux then allegedly grabbed
Plaintiff's arm and led him toward his police car.
Plaintiff asserts that Officer Boudreaux handcuffed him and
again asked Plaintiff to identify himself. Plaintiff
“allowed his Clock of Destiny, Moorish Nationality
Card, to be observed” by Officer Boudreaux; other
deputies then arrived at the scene. One of the deputies who
arrived on scene allegedly told Plaintiff, “You're
not King, you are Carlton Morris.” Plaintiff instructed
the officer that his name is not Carlton Morris, but rather
King Sandi Amir El. Officer Boudreaux then told Plaintiff to
get into the police car voluntarily or he would use his Taser
on him. Thereafter, Plaintiff was transported to the
Jefferson Parish Correctional Center (“JPCC”).
Plaintiff alleges that at the JPCC he again identified
himself as a Moslem Moorish American but was mocked by
Jefferson Parish deputies. While in the JPCC, Plaintiff
asserts that he was held under the false name of Carlton
Clennon Morris and identified on documents as
“negro” or “black, ” which Plaintiff
also alleges is untrue.
September 2015, Plaintiff made an appearance at the 24th
Judicial District Courtroom and proclaimed that he was not a
Negro, black, or a colored person. Thereafter, Commissioner
Schneider then allegedly stated, “You are black, and
you are a Negro, and if you say anything else I will hold you
in contempt.” Plaintiff told Commissioner Schneider
that he was denying him his right to be heard and that
Plaintiff did not consent to being held “in involuntary
servitude for defending [his] honor and reputation.”
Commissioner Schneider ordered the courtroom officer to
handcuff Plaintiff and transport him to the JPCC. Plaintiff
alleges that he was held for approximately forty-eight hours
without reprieve. Plaintiff again alleges he was held under
the name Carlton Clennon Morris.
in January 2016, Plaintiff made another appearance at the
24th Judicial District Courtroom. During proceedings before
the Honorable Raymond Steib, Plaintiff asserts that he was
asked to “please remove your hat” which was a
“Moorish Fez.” Further, Plaintiff alleges Judge
Steib ordered Carlton Clennon Morris to take a drug
screening, but Plaintiff again alleges that he is not Carlton
March 14, 2016, Plaintiff filed this pro se and
in forma pauperis suit against Jefferson Parish and
the State of Louisiana. (No. 16-2125; Rec. Doc. 1.)
Thereafter, the Court granted Plaintiff leave to file an
Amended Complaint and name the following individuals as
Defendants: Governor John Bel Edwards, Jefferson Parish
District Attorney Paul Connick, Deputy D. Boudreaux, and
Sherriff Newel Normand, in their personal and official
capacities. (Rec. Docs. 31, 32.) Plaintiff's Amended
Complaint includes thirty-five different claims, including
numerous alleged constitutional violations, against the four
Defendants listed in the Amended Complaint. Plaintiff seeks
monetary compensation from these Defendants and a declaration
that they are not permitted to refer to him as Carlton
Clennon Morris. Further, Plaintiff seeks a declaration that
Defendants are not permitted to label or document him as
Negro, black, African, or colored person.
April 3, 2017, the Court granted Jefferson Parish's
Motion to Dismiss for Failure to State a Claim (Rec.
Doc. 26) dismissing all claims against Jefferson Parish with
prejudice. (Rec. Doc. 38.) On May 12, 2017, the Court also
granted Governor Edwards' Motion to Dismiss
(Rec. Doc. 35) dismissing the claims against Governor
Edwards, Jefferson Parish District Attorney Connick, and the
State of Louisiana with prejudice. (Rec. Doc. 43.) On July
19, 2017, the Court dismissed the claims against Jefferson
Parish Sheriff Deputy D. Boudreaux without prejudice during
the Court's call docket. (Rec. Doc. 48.) On October 3,
2017, the Court denied Plaintiff's Motion for
Emergency Injunctive Relief. (Rec. Doc. 55.) On October
24, 2017, former Jefferson Parish Sheriff Newell Normand, in
his individual capacity, and current Jefferson Parish Sheriff
Joseph Lopinto, in his official capacity as the Sheriff of
Jefferson Parish, filed the instant Motion to Dismiss
Pursuant to FRCP 12(c) or, alternatively, for Summary
Judgment Pursuant to FRCP 56. (Rec. Doc.
60.) Plaintiff did not file an opposition. The
motion is now before the Court on the briefs and without oral
STANDARD AND DISCUSSION
Sheriff Normand, in his individual capacity, and current
Sheriff Lopinto, in his official capacity as the Sheriff of
Jefferson Parish move for a judgment on the pleadings
pursuant to Federal Rule of Civil Procedure 12(c).
12(c) provides that “[a]fter the pleadings are closed-
but early enough not to delay trial-a party may move for
judgment on the pleadings.” Fed.R.Civ.P. 12(c). A
motion brought pursuant to Rule 12(c) “is designed to
dispose of cases where the material facts are not in dispute
and a judgment on the merits can be rendered by looking to
the substance of the pleadings and any judicially noticed
facts.” Hebert Abstract Co. v. Touchstone Props.,
Ltd., 914 F.2d 74, 76 (5th Cir. 1990).
evaluate a motion under Rule 12(c) for judgment on the
pleadings using the same standard as a motion to dismiss
under Rule 12(b)(6) for failure to state a claim. Doe v.
MySpace, Inc., 528 F.3d 413, 418 (5th Cir. 2008) (citing
Johnson v. Johnson, 385 F.3d 503, 529 (5th Cir.
2004)). To survive a Rule 12(b)(6) motion to dismiss, the
plaintiff must plead enough facts to “state a claim to
relief that is plausible on its face.” Ashcroft v.
Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl.
Corp. v. Twombly, 550 U.S. 544, 570 (2007)). A claim is
facially plausible when the plaintiff pleads facts that allow
the Court to “draw the reasonable inference that the
defendant is liable for the misconduct alleged.”
Id. A court must accept all well-pleaded facts as
true and must draw all reasonable inferences in favor of the
plaintiff. Lormand v. U.S. Unwired, Inc., 565 F.3d
228, 232 (5th Cir. 2009); Baker v. Putnal, 75 F.3d
190, 196 (5th Cir. 1996). The Court is not, however, bound to
accept as true legal conclusions couched as factual
allegations. Iqbal, 556 U.S. at 678.
“[C]onclusory allegations or legal conclusions
masquerading as factual conclusions will not suffice to
prevent a motion to dismiss.” Taylor v. Books A
Million, Inc., 296 F.3d 376, 378 (5th Cir. 2002).
Claims against former Sheriff Normand in his ...