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Hughes v. Bell

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

June 25, 2018

VERNON LEE HUGHES
v.
DEAUNDRE BELL, ET AL.

          WALTER JUDGE

          REPORT AND RECOMMENDATION

          MARK L. HORNSBY U.S. MAGISTRATE JUDGE

         In accordance with the standing order of this court, this matter was referred to the undersigned Magistrate Judge for review, report, and recommendation.

         STATEMENT OF CLAIM

         Before 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.

         Plaintiff 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.

         Plaintiff 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.

         Plaintiff 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 of limitations.

         Plaintiff 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 information.

         Plaintiff 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.

         Plaintiff 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.

         Accordingly, Plaintiff seeks his immediate release from incarceration, monetary compensation, and punitive damages.

         LAW AND ANALYSIS

         Heck ...


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