United States District Court, W.D. Louisiana, Lake Charles Division
TIMOTHY R. NAQUIN D.O.C. # 722109
SHERIFFS DEPT CALCASIEU PARISH, ET AL.
KATHLEEN KAY UNITED STATES MAGISTRATE JUDGE
the court is a civil rights complaint [doc. 1] filed pursuant
to 42 U.S.C. § 1983 by plaintiff Timothy R. Naquin, who
is proceeding pro se in this matter. Naquin is an
inmate in the custody of the Louisiana Department of Public
Safety and Corrections and is currently incarcerated at
Raymond Laborde Correctional Center in Cottonport, Louisiana.
His complaint relates to events that occurred while he was
incarcerated at Calcasieu Correctional Center
(“CCC”) in Lake Charles, Louisiana.
alleges that, while he was on pre-trial detention at CCC
following his arrest for a sex offense, he was beaten by
other inmates and that employees at the facility failed to
protect him from the beating(s). Doc. 1. Specifically, he
maintains that that he provided Sheriff Tony Mancuso,
Calcasieu Parish Sheriff's Office counsel Robert
McCorquodale, Warden Daniel Burkhalter, and Assistant Warden
Greg Tete with names of inmates who had threatened him and
begged to be placed in protective custody, but that they
refused his request and that he remained in custody with the
individuals, some of whom participated in one or more brutal
beatings later inflicted on him. Id. at 3; see
Id. at 12 (description of injuries). Naquin also
maintains that, as a result of the beatings, the defendants
named herein only placed him on suicide watch and moved him
into the aggravated inmate tier, where he was surrounded by
inmates who could communicate with those who had beaten him,
rather than moving him into protective custody as he had
requested. Id. at 9-10, 14. He alleges that the
beatings were “ongoing, ” though it is unclear
whether they continued after he was moved to the aggravated
inmate tier. See Id. at 3. After the beatings, he
states, he filed grievances at CCC and he complains that the
response was inadequate. Id. at 13-14. He also
asserts that defendants named herein have instituted
deficient policies which led to his beating, by failing to
adequately screen for and segregate sex offenders, flagging
him as a sex offender despite the fact that he had not been
convicted, tolerating a culture of under-enforcement and
under-investigation of violence against sex offenders, and
failing to protect inmates who might be targeted because of
their race or sexual orientation. See Id. at 7-11.
He maintains that the defendants' failure to protect him
results in a violation of his rights under the Equal
Protection Clause. Id. at 26. Finally, he alleges
generally that the defendants “engaged in unfair and
deceptive trade practices with regard to the provision of
plaintiff's expected medical care, ” and that the
Calcasieu Parish Sheriff's Office and other defendants
committed misrepresentations, collusion, fraud, and inaction,
subjecting him to constitutionally deficient medical care
claims. Id. at 25-27.
now brings the instant suit under 42 U.S.C. § 1983 and
state tort law. He seeks declaratory relief, compensatory and
punitive damages, and costs and attorney's fees against
the above defendants, the Calcasieu Parish Sheriff's
Office, and two unnamed defendants. Id. at 1-4.
has paid the filing fee in this matter. Because he is a
prisoner seeking redress from governmental officers, however,
his complaint is still subject to screening. 28 U.S.C. §
1915A. Under 28 U.S.C. § 1915A, the court shall review
all such suits and dismiss any claim that is
“frivolous, malicious, or fails to state a claim on
which relief may be granted” or “seeks monetary
relief from a defendant who is immune from such
relief.” Id. at § 1915A(b).
complaint is frivolous if it lacks an arguable basis in law
or fact. Gonzalez v. Wyatt, 157 F.3d 1016, 1019 (5th
Cir. 1998). A complaint fails to state a claim upon which
relief may be granted if it is clear the plaintiff cannot
prove any set of facts in support of his claim that would
entitle him to relief. Doe v. Dallas Indep. Sch.
Dist., 153 F.3d 211, 215 (5th Cir. 1998). When
determining whether a complaint is frivolous or fails to
state a claim upon which relief may be granted, the court
must accept the plaintiff's allegations as true.
Horton v. Cockrell, 70 F.3d 397, 400 (5th Cir. 1995)
(frivolity); Bradley v. Puckett, 157 F.3d at 1025
(failure to state a claim).
law provides a cause of action against any person who, under
the color of law, acts to deprive another person of any
right, privilege, or immunity secured by the Constitution and
laws of the United States. 42 U.S.C. § 1983. Thus, in
order to hold the defendants liable, a plaintiff must allege
facts to show (1) that a constitutional right has been
violated and (2) that the conduct complained of was committed
by a person acting ...