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McMillan v. Breaux

United States District Court, W.D. Louisiana, Lafayette Division

February 21, 2018

JAMES ALEXANDER MCMILLAN
v.
MICHELLE BREAUX, NO. 6

         SECTION P

          ROBERT G. JAMES JUDGE

          REPORT AND RECOMMENDATION

          PATRICK J. HANNA UNITED STATES MAGISTRATE JUDGE

         Pro se plaintiff James Alexander McMillan, proceeding in forma pauperis, filed the instant civil rights complaint, pursuant to 42 U.S.C. §1986, on July 7, 2017. [Rec. Doc. 1] 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.

         Factual Background

         The allegations in plaintiff's complaint stem from a 1999 traffic stop, a 2000 criminal matter, and a 2002 incident involving Louisiana Wildlife and Fisheries officers in East Baton Rouge Parish. Plaintiff names officers Scott Lewis, Dion Bearb, Hue Anderson and Michael Poole, as defendants in connection with the traffic stops and subsequent arrests occurring in 1999 and 2000.

         While his complaint is not entirely clear, it appears that plaintiff filed suit against Lewis, seeking one million dollars, in connection with the 1999 arrest, asserting it was a “trespass on his rights to travel.” That suit was dismissed by Judge Michelle Breaux. He also appears to allege violations on the part of defendant, the late Diane Simon, although it is unclear from his complaint whether it was in her capacity as an assistant district attorney or a judge. He requests that Judges Breaux and Simon be forced to “retire with prejudice.” [Rec. Doc. 1, p. 12]

         During the arrest on January 2, 2000, plaintiff alleges that Lewis and several other officers used excessive force, as he was attacked by a K9 unit and mace was poured in his eyes. During the booking process and following excessive force by several officers, plaintiff shot himself. According to a previous lawsuit filed by plaintiff in this Court, he was subsequently convicted of taking contraband into a prison and simple flight following a jury trial in the Fifteenth Judicial District Court.[1" name="FN1" id= "FN1">1] Plaintiff names as defendants Jason Robideau, his court appointed attorney, and Judge Marilyn Castle, who presided over that matter. He seeks $2.5 million from Robideau and that he be disbarred and sent to Cuba with the same sentence as the police officers and asks that Judge Castle be forced to retire “with prejudice.” [Rec. Doc. 1, p. 12]

         He asks this Court to strip Lewis of “all of his earthly and worldly possession and serve life in Cuba at the U.S. prison. He is to be naked with nothing for the first 93 days and eat one bold (sic) egg a day for the rest of his life. His personal assets are to be given to his wife and children with the exception of his personal firearms. They are mine along with his badge.” [Rec. Doc. 1, p. 12] He asks that Bearb and Anderson each serve 10 years “for the forced suicide” and an additional 8 year 4 months and 14 days for the “treason by sedition” He requests their badges. He asks that Michael Poole be forced to retire and requests his firearms and badge, as well. Id.

         Finally, plaintiff raises claims in connection with a 2002 incident in East Baton Rouge Parish pursuant to which he was arrested by Louisiana Wildlife and Fisheries Agents R. Engelhard, J. Dreher and C. Comeaux. He names only Engelhard and Comeaux as defendants, as he asserts that Dreher is an “honorable” man and did no wrong. He also names as a defendant Lawrence Billeaud, the attorney appointed by the court to represent him in this matter, alleging neglect on his part, as well as Judge Richard Anderson. He asks that Engelhard and Comeaux serve life in the Cuba prison and surrender their firearms and badges to him, that Judge Anderson be forced to retire “with prejudice, ” and Lawrence Billeaud be disbarred, sent to Cuba with the same sentence as the police officers and pay him $2.5 million. [Rec. Doc. 1, p. 12]

         Plaintiff also names several assistant district attorneys for their part in his prosecution in one of the above incidents- Rickey Miniex, Steven Danielson, William Babin, and Ronald Dauterive. He asks that these defendants be forced to retire and pay the “maximun (sic) in the limits of liability from the British Accredited Registrar which I believe is still one hundred million dollars.” [Rec. Doc. 1, p. 12]

         He lists Mark Ackal as a defendant on the cover page of his suit, although he alleges no factual basis for his claims against Mr. Ackal, an attorney who represented him for injuries he sustained in 1997 when a gas line exploded.[2] He asks that Mr. Ackal be disbarred, sent to Cuba with the same sentence as the police officers and pay him $2.5 million. He also names Tyler Mental Health Clinic, with no factual allegations supporting a claim against this defendant.

         Finally, he alleges that on November 28, 2012, defendant Stan Ryenott ordered him to discuss his “present condition” with a Dr. Vossberg. He was later accused by Mr. Ryenett of being “manic.” He requests that Mr. Ryenott be removed from his job and pay $2.5 million for his “sedition and mental torture on a soveirgn (sic) with knowledge to prevent in the name and secured party James McMillan.” [Rec. Doc. 1, p. 12]

         Law ...


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