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Shabazz v. Wyles

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

April 9, 2018

MALIK SHABAZZ
v.
KEVIN WYLES, ET AL.

         SECTION P

          TERRY A. DOUGHTY JUDGE.

          REPORT AND RECOMMENDATION

          KAREN L. HAYES, U.S. MAGISTRATE JUDGE

         Plaintiff 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.

         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. For the following reasons it is recommended that Plaintiff's motion for class certification and motion for temporary restraining order be DENIED.[1]

         Statement of the Case

         Plaintiff 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 . . . .”

         Defendant 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.

         Defendants 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) . . . .”

         Plaintiff 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.

         On 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.

         Plaintiff 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.

         Plaintiff 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.

         Law ...


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