United States District Court, W.D. Louisiana, Shreveport Division
REPORT AND RECOMMENDATION
L. HORNSBY U.S. MAGISTRATE JUDGE
accordance with the standing order of this court, this matter
was referred to the undersigned Magistrate Judge for review,
report, and recommendation.
the court is a civil rights complaint filed in forma
pauperis by pro se plaintiff Vernon Lee Hughes
(“Plaintiff”), pursuant to 42 U.S.C. § 1983.
This complaint was received and filed in this court on
December 5, 2016. Plaintiff is incarcerated in the Caddo
Correctional Center in Shreveport, Louisiana. He names
Detective DeAundre Bell, District Attorney James E. Stewart,
Jr., Assistant District Attorney Holly McGinnist, Public
Defender Michelle Andrepoint, the Shreveport Police
Department, Supervisor Farquahar, the Caddo Parish District
Attorney's Office, Assistant District Attorney Pamela
Moser, Public Defender Pam Smart, and the Caddo Parish Public
Defender's Office as defendants.
claims that in 1996, his female piano student accused him of
molesting her. He claims he cooperated with the detective who
was assigned to the case. He claims his DNA was tested and he
was cleared of the charge.
claims Detective DeAudre Bell reinstated the 1996 aggravated
rape charge. He claims he was not a fugitive as alleged by
Detective Bell in the arrest warrant. He claims he was
arrested on April 19, 2016 in Houston, Texas for aggravated
rape, and was detained for ten days before being transported
to Shreveport, Louisiana. He claims he was not read his
Miranda rights. He claims he was not interviewed by a
detective and the booking department did not give him an
official copy of his booking report. He claims he was
detained in violation of his constitutional rights.
claims District Attorney James E. Stewart, Jr. and Assistant
District Attorney Holly McGinnist maliciously prosecuted him
because the case was stale and exceeded the ten year statute
claims Public Defender Michelle Andrepoint provided him with
ineffective assistance of counsel. He claims she did not file
any pretrial motions or make any oral motions challenging the
untimely, malicious prosecution. He claims no motions were
filed to quash the indictment or to correct the bill of
claims Shreveport Police Detective DeAundre Bell falsely
imprisoned him, caused the bad faith prosecution of him, and
obstructed justice when he reinstated the charge after he had
been cleared and there was no probable cause.
claims that on March 15, 2018, he pleaded guilty to one count
of indecency with a juvenile and was sentenced to four years
imprisonment at hard labor.
Plaintiff seeks his immediate release from incarceration,
monetary compensation, and punitive damages.