United States District Court, W.D. Louisiana, Shreveport Division
REPORT AND RECOMMENDATION
L. HORNSBY U.S. MAGISTRATE JUDGE
accordance with the standing order of this court, this matter
was referred to the undersigned Magistrate Judge for review,
report and recommendation.
the court is a civil rights complaints filed in forma
pauperis by pro se plaintiff Daytrend Moses
(“Plaintiff”), pursuant to 42 U.S.C. § 1983.
This complaint was received and filed in this court on March
3, 2017. Plaintiff is incarcerated at the David Wade
Correctional Center in Homer, Louisiana. He claims his civil
rights were violated by prison officials. He names Jerry
Goodwin, Lonnie Nail, Tommy Garrett, Jesse Jimerson, and Mark
Hunter as defendants.
claims that on September 15, 2016, he was denied due process
in the DWCC classification program. He claims he was not
allowed to attend his scheduled extended lock-down review by
Lonnie Nail and Jesse Jimerson. He claims there was no
security reason or other substantial reason to deny him his
right to be present at his review hearing.
claims he was on extended lock-down for six months and did
not receive a rule violation report during that time. He
claims that in a 34 month period, he only had one rule
violation report. Plaintiff claims he was denied reassignment
because of the serious nature of his past offenses.
claims inmate Raymond Williams, who is HIV positive, was
placed on extended lock-down because he had sex and
intentionally exposed another to HIV. He claims Williams was
reassigned within 90 days. He claims inmate Joe Longoria was
placed on extended lock-down for fighting. He claims Longoria
received another rule violation report while on extended
lock-down. He claims Longoria was reassigned within seven
months. Plaintiff claims inmate Tyrone Pickron was placed on
extended lock-down for possessing contraband. He claims
Pickron was reassigned within 90 days. He claims that after
Pickron was reassigned to the general population, he was
written-up for a sex offense. He claims Pickron was
reassigned within 90 days even though he had two rule
violations within a year period. He claims the reassignment
of these inmates demonstrates that he is being discriminated
against by Nail, Jamison, and Goodwin.
claims that when he filed a grievance in the administrative
remedy procedure regarding the denial of his due process
rights and retaliation, Tommy Garrett rejected his request.
He claims his request was rejected even though he did not
challenge the board's denial of his reassignment. He
claims he challenged the fact that he was not present at the
hearing and the violation of his due process rights. He
claims Garrett's actions were in retaliation for his
complaining and were designed to hinder and discourage him.
claims that on September 23, 2016, he was escorted to
Nail's office. He claims Nail and Goodwin attempted to
intimidate him. He claims he was told that he had no rights
and if he continued to complain, he would regret it. He
claims he was also made to understand that an officer's
words were always more credible and there was no reason to
complain or file a grievance. He claims he was threatened
that he would be dealt with if he sought outside help.
claims that on December 15, 2016, he was denied the right to
attend his disciplinary review by Colonel Nail and Mark
Hunter. He claims he filed a grievance in the administrative
remedy procedure. He claims Tommy Garrett rejected his
grievance even though he challenged a due process violation.
He claims he has been on extended lock-down for more than 361
days without appearing before the review board. Plaintiff
claims the conditions on extended lock-down are extremely
restrictive and therefore atypical and a significant
Plaintiff seeks a jury trial and monetary damages.
Process in the ...