United States District Court, W.D. Louisiana, Monroe Division
A. DOUGHTY JUDGE.
REPORT AND RECOMMENDATION
L. HAYES, U.S. MAGISTRATE JUDGE
Malik Shabazz, an inmate at the Caldwell Correctional Center,
filed the instant pro se and in forma pauperis Complaint on
January 31, 2018. Proceeding under 42 U.S.C. § 1983,
Plaintiff alleges constitutional violations against
Defendants Kevin Wyles, Stacey Kaderka, Butch Hatten, Michael
Crain, Teresa Corley, Gabel Morton, Regina Beckly, Clayton
Spires, and Sgt. Caroll in their individual and official
capacities. He seeks a temporary restraining order, a
preliminary injunction, final injunctive relief, a
declaratory judgment, compensatory damages, and punitive
damages. Plaintiff also moves to certify a class of allegedly
similarly situated inmates with claims common to his.
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.
For the following reasons it is recommended that
Plaintiff's motion for class certification and motion for
temporary restraining order be
of the Case
alleges that Defendants retaliated against him for filing a
“Prison Rape Elimination Act” complaint, an
inadequate access to court grievance, and a sexual harassment
grievance. He alleges, specifically, that on February 24,
2017, Defendants Beckly, Morton, and Spires entered his
housing unit, and Beckly sprayed an unknown chemical agent
into his face and eyes, causing “burning and
injury.” Plaintiff then attempted to “block the
spray [and] turn and run away but was tackled by Defendant
Spires . . . .” While he was “face down on [the]
ground with both hands behind his back, Defendant Morton shot
[him] in his back twice with his Taser-gun . . . leaving two
permanent scars . . . .”
Spires then handcuffed Plaintiff, cutting off circulation to
his hands, resulting in numbness “to this day, ”
and causing permanent scars. Defendants escorted Plaintiff to
an off-camera bathroom, and Defendant Beckly sprayed him with
the chemical agent again. Defendants Beckly, Morton, and
Spires also kicked him in the back and ribs.
abandoned Plaintiff for at least one hour while his face and
eyes were burning and bleeding. Defendants then allowed
Plaintiff to wash his face with water only, which reactivated
and intensified the burning. Defendants placed Plaintiff in
administrative segregation and ordered him to take off all of
his clothing. He was given only one pair of paper shorts to
wear and was “compelled to remain in the cell under
frigid temperatures believed to be below 60 [degrees] . . .
from Friday (2/24/17) until Sunday night (2/28/17) . . .
was then transferred to a suicide cell and remained in
administrative segregation from February 24, 2017, to March
28, 2017, without ever receiving a disciplinary report,
hearing, or notice of a rule violation. While in the suicide
cell, Plaintiff could not send or receive mail, use a
telephone, or contact anyone.
February 27, 2017, Plaintiff requested medical attention for
pain to his head, back, wrist, and hand, but Defendant Corley
refused to administer aid. “[A]s of this day, Corley
fail[ed] to respond to all medical requests regarding the
pain” from the initial injuries inflicted on February
24, 2017. Plaintiff continues to experience migraine
headaches, back pain, and numbness from nerve damage.
also alleges that Beckly gave all of his personal property to
other inmates, that Defendant Caroll strip searched him in
the presence of female officers, and that, while searching
him, Caroll made sexually harassing comments.
seeks a temporary restraining order and preliminary
injunction to enjoin Defendants from refusing medical care,
preventing access to the courts, and destroying video
footage. He also seeks $20, 000, 00.00 in compensatory
damages and $15, 000.00 in punitive damages.