United States District Court, W.D. Louisiana, Alexandria Division
CHARLES ALVIN CUMMINGS JR. Plaintiff
SGT. FORD, ET AL., Defendants
H.L. Perez-Montes United States Magistrate Judge.
the Court is a civil rights complaint (42 U.S.C. § 1983)
filed by pro se Plaintiff Charles Alvin Cummings Jr.
(“Cummings”) (#397892). Cummings was granted
leave to proceed in forma pauperis. (Doc. 8).
Cummings is an inmate in the custody of the Louisiana
Department of Corrections, incarcerated at the Raymond
Laborde Correctional Center in Cottonport, Louisiana.
Cummings alleges he was subjected to excessive force and is
in imminent danger of serious physical injury.
states that, on January 13, 2018, he threw a milk carton of
feces on another inmate as the inmate passed Cummings's
cell on his way to the shower. (Doc. 1, p. 5). When the
inmate was walking back from the shower, he threw an unknown
liquid substance on Cummings. (Doc. 1, p. 5).
states that, the following day, he “again possessed a
milk carton filled with human feces to throw on another
offender who was in the shower and who had threatened to
throw something” on Cummings. (Doc. 1, p. 6). Lt. Hicks
noticed that the other offender was holding something, and
Lt. Hicks ordered the offender to drop what he was holding.
The offender complied. (Doc. 1, p. 6). Lt. Hicks then noticed
Cummings was holding another carton of feces. He ordered
Cummings “to pour the feces out in the toilet.”
(Doc. 1, p. 6). Cummings “refused to pour out the
feces.” (Doc. 1, p. 6). Lt. Hicks called Cpt. Anderson
to the scene, and Cpt. Anderson also ordered Cummings to put
the feces in the toilet. (Doc. 1, p. 7). Again, Cummings
refused to comply. (Doc. 1, p. 7).
Hicks and Cpt. Anderson left Cummings temporarily, but
returned with pepper spray. Cummings then threw the feces at
Lt. Hicks and Cpt. Anderson. (Doc. 1, p. 7). Cpt. Anderson
sprayed Cummings with the pepper spray. (Doc. 1, p. 7). The
officers left the cell. Cpt. Anderson returned with Sgt.
David and placed Cummings in restraints. (Doc. 1, p. 7).
Cummings was removed from the cell and escorted to a closet.
Cummings alleges that Lt. Hicks, Sgt. David, Sgt. Ford, Sgt.
Ewing, and Cpt. Anderson all punched and kicked Cummings in
the closet for approximately five minutes. (Doc. 1, p. 8).
was examined by a nurse. Cummings complained of rib pain,
back pain, a “busted lip, ” and a “busted
nose.” (Doc. 1, p. 8). Following the examination,
Cummings was returned to his cell. (Doc. 1, p. 8). Cummings
complains that he did not receive an x-ray. (Doc. 1, p. 8).
claims that he was again beaten in the closet two weeks later
by Lt. Vanetta and Major Dupree. (Doc. 1, p. 8). Cummings
provides no factual allegations surrounding this incident.
Law and Analysis
has filed numerous civil actions and appeals in the federal
courts, at least three of which were dismissed as frivolous,
malicious, or for failing to state a claim for which relief
can be granted.
prisoner shall not be granted pauper status under §
1915(g) if “the prisoner has, on 3 or more prior
occasions, while incarcerated or detained in any facility,
brought an action or appeal in a court of the United States
that was dismissed on the grounds that it is frivolous,
malicious, or fails to state a claim upon which relief may be
granted, unless the prisoner is under imminent danger of
serious physical injury.” 28 U.S.C. § 1915(g).
first complaint, filed on February 7, 2018, Cummings claims
that he is in imminent danger because, since throwing feces
on the officers, Cummings has been “harassed” by
correctional officers during every shift. (Doc. 1, p. 8).
Cummings also claims to be in imminent danger because he was
allegedly beaten a second time. Finally, Cummings claims that
he is in imminent danger because he has not received an
x-ray. (Doc. 1, p. 8).
filed an amended complaint on February 27, 2018, in which he
provided Defendants' full names. (Doc. 9). In the amended
complaint, Cummings does not allege suffering any further