United States District Court, W.D. Louisiana, Monroe Division
A. DOUGHTY JUDGE
REPORT AND RECOMMENDATION
L. HAYES UNITED STATES MAGISTRATE JUDGE
Bobby Mitchell is incarcerated at Bossier Medium Correctional
Center and is proceeding pro se and in forma pauperis. He
filed the instant Complaint on April 4, 2018, under 42 U.S.C.
§ 1983. He names Robert Myles, Officer Beckly, Cpt.
Crain, and Sheriff Clay Bennett as Defendants. For the following
reasons, it is recommended that Plaintiff's claims
against Defendant Bennett, Plaintiff's access to court
claim, and Plaintiff's request to charge all Defendants
with crimes be DISMISSED WITH
alleges that, on April 9, 2017, Defendant Myles “used
brutal force” on him. While conducting a “lock
down check, ” Myles ordered Plaintiff to position a mat
in several different manners. Although Plaintiff peacefully
complied with the instructions, Myles sprayed Plaintiff with
a chemical agent. When Plaintiff tried to run, Myles hit him
near his eye with an unknown object, knocking Plaintiff
unconscious. When he woke, he discovered that Myles was
stomping on him and repeatedly kicking him in the face. Then,
while Plaintiff remained on the floor, Myles shocked him with
ordering Plaintiff to rise, Myles placed Plaintiff in
handcuffs and escorted him to the bathroom. He pushed
Plaintiff against a wall, causing Plaintiff to hit his head.
Defendant Beckly entered the bathroom and ordered Plaintiff
to remove his blood-stained clothing. After showering, Beckly
handcuffed Plaintiff and arranged for transportation to a
claims that he did nothing to provoke Myles. He alleges that
Myles's actions caused his face to swell, lacerations,
blood loss, and fractured ribs. Physicians stitched his
lacerations and performed surgery on his eye.
alleges further that Defendants Beckly and Crain attempted to
conceal Myles's actions by, respectively, discarding
Plaintiff's blood-stained clothing and transferring him
to Richland Parish. [doc. # 9, pp. 4, 5, 9, and 10].
seeks $375, 000.00 in damages, and he asks the Court to
charge Defendants with crimes. [doc. #s 1, 9].
is an inmate who has been permitted to proceed in forma
pauperis. As an inmate 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 ...