United States District Court, E.D. Louisiana
SECTION “S” (4)
PARTIAL REPORT AND RECOMMENDATION
WELLS ROBY CHIEF UNITED STATES MAGISTRATE JUDGE.
matter was referred to a United States Magistrate Judge to
conduct a hearing, including an evidentiary hearing, if
necessary, and to submit proposed findings and
recommendations for disposition pursuant to 28 U.S.C. §
636(b)(1)(B) and (C) and § 1915A, and as applicable, 42
U.S.C. § 1997e(c)(1) and (2). On February 6, 2017, the
Court conducted a hearing pursuant to Spears v.
McCotter,  and its progeny, with the plaintiff
participated by telephone. Upon review of the entire record, the
Court has determined that this matter can be disposed of
without an evidentiary hearing.
Factual and Procedural Background
plaintiff, Brieun Vicha Folse (“Folse”) is an
inmate currently incarcerated at the Concordia Parish
Correctional Facility in Ferriday, Louisiana. He filed this
pro se and in forma pauperis complaint
pursuant to 42 U.S.C. § 1983 against defendants,
Lafourche Parish Sheriff's Deputy Robert Knight, Warden
Cantrelle Davis of the Lafouche Parish Detention Center, and
former Lafourche Parish Sheriff Craig Webre seeking damages
for the alleged violations of his constitutional rights.
complaint, Folse alleged that in April of 2017, while he was
housed in the Lafourche Parish Correctional Center, Deputy
Robert Knight entered the vestibule and grabbed and massaged
Folse's penis. Folse referenced and attached a copy of
his August 17, 2017, Administrative Remedy Procedure
(“ARP”) grievance form from the Lafourche Parish
Detention Center. On this form, Folse asserted that he was in
the vestibule to obtain pages to color when Deputy Knight
inappropriately touched him by grabbing his penis. As relief,
Folse requested that Deputy Knight be fired and that he be
awarded damages and money for his mental and physical stress.
The Spears Hearing
hearing, Folse testified that he is a convicted inmate
serving a 10-year prison sentence for being a felon in
possession of a firearm. He stated that he will be eligible
for parole in 2020.
also stated that, at the time of the alleged incident, he was
a Trustee inmate at the Lafourche Parish Correctional Center.
He further testified that, sometime around April 23 to 25,
2017, he entered “the booth” area to retrieve
some coloring pages when Deputy Knight suddenly grabbed
his penis. Folse stated that, after the incident, he spoke to
Deputy Hare and asked what he could do about the incident,
but received no advice. He also later spoke with Sergeant
Jeff Chamberlain about the incident, but he was still given
indicated that at some point, he learned that Deputy Knight
told others that he had heard that Folse had a
“shank” on him. Folse claims that, after the
incident, he was taken off of Trustee status and shipped to
the Catahoula Parish Jail.
testified that he documented in a black journal everything
that occurred with respect to the incident with Deputy
Knight. Before he was transferred, sometime between April 23
and 25, 2017, his journal was taken away from him. Folse
recalled losing his Trustee status on a Thursday and being
transferred to the other jail on a Sunday.
testified that, on May 14, 2017, he was sent back to the
Lafourche Parish Correctional Center for about one week.
During that time, he learned that Deputy Knight had been
“written up” for other incidents of sexually
touching inmates. Folse claimed that he complained to Deputy
Harris that his allegations against Deputy Knight had not
been investigated. Soon after this, he was transferred
several times between the Lafourche Parish Correctional
Center and the Catahoula Parish Correctional Center because
of pending criminal proceedings. While in Lafourche Parish on
June 21, 2017, Sergeant Jeff Chamberlain approached him to
take his statement regarding the incident with Deputy Knight.
Folse stated that Sergeant Chamberlain allowed him to be
placed back on Trustee status.
testified that he remained on Trustee status in Lafourche
Parish until his transfer out on August 9, 2017. He stated
that during that time, he drafted an administrative grievance
about his allegations against Deputy Knight. Folse claims
that after the first step of the administrative process, the
prison officials told him the incident was under
investigation. He stated that he received no follow-up
decisions or information on how to proceed to the second step
because he was shipped back to Catahoula Parish.
further testified that he named Warden Davis and Sheriff
Webre as defendants because he felt they failed to assure
that steps were taken to investigate the incident with Deputy
Knight. Folse stated that he repeatedly wrote to Warden Davis
to inform the Warden about the incident, but he did not
receive any response. Folse indicated that he felt that
Warden Davis knew of the incident, but failed to talk to him
about it or look into the situation. Folse also stated that
he felt that Sheriff Webre did not take the right steps to
check into the situation. Folse conceded, however, that
Sheriff Webre may not have known about the incident since he
rarely was at the jail.
also testified that he wanted something done to prevent
Deputy Knight from attacking others ...