United States District Court, W.D. Louisiana, Lake Charles Division
KATHLEEN KAY UNITED STATES MAGISTRATE JUDGE
the court is a civil rights complaint [doc. 1] filed pursuant
to 42 U.S.C. § 1983 by plaintiff Kelvin Moses, who is
proceeding pro se and in forma pauperis in
this matter. Moses is an inmate in the custody of the
Louisiana Department of Public Safety and Corrections and is
currently incarcerated at River Bend Detention Center in Lake
Providence, Louisiana. His complaint relates to events that
occurred while he was incarcerated at Allen Correctional
Center (“ALC”) in Kinder, Louisiana.
states that he was coming in from supper on March 19, 2017,
when he found that the tier doors to his unit were closed.
Doc. 1, p. 3. He went to the pod where ALC staff members
Sergeant William Coleman and Sergeant Tucker were and asked
Coleman to open a door for him, but Coleman “flip[ped
him] the middle finger.” Id. He then asked
Tucker to open the door, but Tucker looked at him and then
began to walk away. Id. Moses asked if Tucker was
Coleman's son, at which point both guards began to curse
at Moses with Moses cursing back. Id. at 3-4. Tucker
came out of the pod and threatened to assault Moses and then
Coleman stood in front of Moses and invited Moses to perform
a sexual act on him. Id. at 4.
states that he then wrote up Coleman on Prison Rape
Elimination Act (“PREA”) charges, and that all
such complaints are investigated by Captain Terry Langley.
Id. Langley called him in for an interview, along
with Sergeant Griffin, on March 24, 2017. Id. Moses
gave them his version of events and the names of two
witnesses. Id. Later that day, Langley told Moses
that it was PREA protocol that he be moved and transferred
him that day from Saturn Unit, an honor unit where he felt
“safe and comfortable, ” to Mercury Unit, which
had a reputation for violence. Id. at 4-5. On March
28, 2017, Langley told Moses that the main office had
determined that Coleman's actions were disciplinary and
not covered by the PREA. Id. at 5.
then returned to the Mercury Unit and called the PREA's
1-800 reporting number. On that same day, he filed a written
complaint against Langley, Warden Keith Cooley, Warden
Anthony Allemande, Warden Mark Estes, and GEO for not
following PREA protocol. Id. Specifically, he
alleges that: 1) he never talked to the “head of
administration or medical;” 2) he never saw to spoke to
any warden; 3) rather than being suspended until the
investigation was over, Coleman remained on his regular
schedule and Langley transferred Moses instead; and 4)
Langley violated Moses's Eighth Amendment rights by
moving him from a safe environment to a hostile one.
Id. at 5-6. He maintains that Coleman was also let
go, but only because he refused to work on a different unit
and not because of the PREA charges. Id. at 6.
now brings suit in this court, alleging that the named ALC
defendants (Langley, Cooley, Allemande, and Estes) are liable
for failure to protect and that GEO President and Senior Vice
President David J. Donahue is liable for failure to protect
and deliberate indifference. Id. at 8. He requests
monetary damages. Id. He also states that he is
transsexual and would like to be treated like other inmates,
but maintains that there are officers who are uncomfortable
working around him. Id. at 7.
has been granted leave to proceed in forma pauperis
in this matter. Accordingly, his complaint is subject to
screening under 28 U.S.C. § 1915(e)(2), which provides
for sua sponte dismissal of the complaint or any
portion thereof if the court determines that it is frivolous
or malicious, fails to state a claim upon which relief may be
granted, or seeks monetary relief against a defendant who is
immune from such relief. 28 U.S.C. §
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
state a claim upon which relief may be granted, the court
must accept the plaintiff's ...