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 complaints filed in
forma pauperis by pro se plaintiff Gary
Lynn Moore (“Plaintiff”), pursuant to 42 U.S.C.
§ 1983. This complaint was received and filed in this
court on February 5, 2018. Plaintiff was incarcerated at the
Caddo Correctional Center in Shreveport, Louisiana, when he
filed this complaint. He complains that Defendants violated
his civil rights during his arrest. Plaintiff names the
Shreveport Police Department and Unknown Officer as
claims that on January 15, 2018, he called 911 for an
ambulance because he had been hit in the head with a bat. He
claims the operator dispatched an ambulance and the police to
his location. Plaintiff claims Officer Blue and the Unknown
Officer in training did not ask him any questions or take his
statement. Plaintiff claims the police officer took the
statements of Archie Webster and Ardis Webster. He claims the
police report falsely stated that he was in a fight with one
brother and held a knife on the other brother. Plaintiff
claims he was the victim.
claims he was arrested at the hospital. He claims the officer
made a report and took pictures of his head. He claims
another officer then transported him to the jail.
claims he was convicted of one count of aggravated assault
and sentenced to four months imprisonment.
amended complaint, Plaintiff raises a new claim. He claims
that while incarcerated at Caddo Correctional Center, he was
attacked by another inmate. He claims that as a result of the
attack, his left ear was injured and he suffered hearing
Plaintiff seeks monetary damages.
claims the police report was false and he was wrongfully
convicted of aggravated assault. Plaintiff is seeking
monetary damages for an allegedly unconstitutional
conviction. The United States Supreme Court held that in
order to recover monetary compensation for an allegedly
unconstitutional conviction or sentence or for "harm
caused by actions whose unlawfulness would render a
conviction or sentence invalid," a prisoner must show
that the conviction or sentence has been "reversed on
direct appeal, expunged by executive order, declared invalid
by a state tribunal authorized to make such determination, or
called into question by a federal court's issuance of a
writ of habeas." Heck v. Humphrey, 512 U.S.
477, 486-87, 114 S.Ct. 2364, 2372 (1994). Heck
involved a civil rights claim brought by a state prisoner.
The Court dismissed the Section 1983 suit until plaintiff
could demonstrate that his conviction or sentence had been
claim comes within the parameters of the Heck
teachings, it is not cognizable under 42 U.S.C. § 1983
so long as the validity of the conviction or sentence has not
been called into question as defined therein, which requires
dismissal of claims not meeting its ...