United States District Court, W.D. Louisiana, Monroe Division
JOSHUA J. VANBUREN
DISTRICT ATTORNEY OFFICE OUACHITA PARISH, ET AL.
TERRY A. DOUGHTY
REPORT AND RECOMMENDATION
L. HAYES, UNITED STATES MAGISTRATE JUDGE
Joshua J. VanBuren, a detainee at Ouachita Correctional
Center proceeding pro se and in forma pauperis, filed the
instant Complaint on December 28, 2017, under 42 U.S.C.
§ 1983. Plaintiff alleges that he is awaiting trial on
charges of aggravated assault with a firearm and illegal use
of a dangerous weapon. He names “District Attorney
Office Ouachita Parish, ” Josephine P. Heller, Nick
Anderson, Doug Walker, Daniel J. Hunter, and Shirley Wilson
Davis as Defendants. For the following reasons it is
recommended that Plaintiff's Complaint be
DISMISSED WITH PREJUDICE.
alleges that he has “been a victim of multiple
malicious prosecution[s] filed by the Ouachita Parish, LA
District Attorney['s] Office.” He claims that
several district attorneys have filed and dismissed multiple
bills of information.
maintains that, on January 4, 2011, Defendant Davis charged
him with distribution of cocaine. On April 7, 2017, Defendant
Walker moved to dismiss the charge. Plaintiff alleges that,
on June 6, 2012, Defendant Heller charged him with possession
of cocaine and “possession while on school property or
within 1000 ft. of school property.” On March 11, 2013,
Defendant Anderson moved to dismiss the charges.
18, 2014, Defendant Anderson charged Plaintiff with
possession of marijuana with intent to distribute, possession
of cocaine with intent to distribute, possession of
Alprazolam with intent to distribute, and possession of drug
paraphernalia. On April 7, 2017, Defendant Walker moved to
dismiss the charges. On September 19, 2014, Defendant Walker
charged Plaintiff with attempted second degree murder and
intimidating a witness. On February 16, 2016, Defendant
Walker moved to dismiss the charges.
March 15, 2017, Defendant Hunter charged Plaintiff with
aggravated assault with a firearm and illegal use of a
dangerous weapon. Plaintiff argues that he was “twice
put in jeopardy for the same offense.” He maintains
that he has been incarcerated since January 26, 2017, on
seeks nominal damages, $500, 000.00 in punitive damages, and
$500, 000.00 in compensatory damages for pain and suffering,
emotional distress, loss of wages, and defamation. Plaintiff
filed a related suit in this Court on December 28, 2017,
alleging that several officers and detectives employed by the
West Monroe Police Department falsely arrested him on
multiple occasions. VanBuren v. Police Dep't City of
West Monroe, No. 3:17-cv-1684 (W.D. LA. Dec. 28, 2017).
That proceeding is pending. Id.
is a detainee who has been permitted to proceed in forma
pauperis. As a detainee seeking redress from an
officer or employee of a governmental entity, his complaint
is subject to preliminary screening pursuant to 28 U.S.C.
§ 1915A. See Martin v. Scott, 156 F.3d
578, 579-80 (5th Cir.1998) (per curiam). Because he
is proceeding in forma pauperis, his Complaint is also
subject to screening under § 1915(e)(2). Both §
1915(e)(2) (B) and § 1915A(b) provide for sua
sponte dismissal of the complaint, or any portion
thereof, if the Court finds it is frivolous or malicious, if
it fails to state a claim upon which relief may be granted,
or if it seeks monetary relief against a defendant who is
immune from such relief.
complaint is frivolous when it “lacks an arguable basis
either in law or in fact.” Neitzke v.
Williams,490 U.S. 319, 325 (1989). A claim lacks an
arguable basis in law when it is “based on an
indisputably meritless legal theory.” Id. at
327. Courts are also afforded the unusual power to pierce the
veil of ...