Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Moore v. Shreveport Police Department

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

June 29, 2018

GARY LYNN MOORE
v.
SHREVEPORT POLICE DEPARTMENT, ET AL.

          FOOTE 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 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 defendants.

         Plaintiff 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.

         Plaintiff 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.

         Plaintiff claims he was convicted of one count of aggravated assault and sentenced to four months imprisonment.

         In his 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 loss.

         Accordingly, Plaintiff seeks monetary damages.

         LAW AND ANALYSIS

         Heck Claims

         Plaintiff 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 invalidated.

         When a claim comes within the parameters of the Heck teachings, it is not cognizable under 42 U.S.C. ยง 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.