United States District Court, W.D. Louisiana, Alexandria Division
REPORT AND RECOMMENDATION
H.L. Perez-Montes United States Magistrate Judge
the Court is a Motion for Temporary Injunction (Doc. 20)
filed by pro se Plaintiff Rogelio David Campos
(“Campos”), proceeding in forma
pauperis. Campos seeks a temporary injunction against
City of Natchitoches Municipal Ordinance 10-58(a)(7). (Doc.
20). Because Campos has not shown immediate and irreparable
injury, or that loss or damage will result before Defendants
can be heard in opposition, Campos's motion, to the
extent it seeks a Temporary Restraining Order
(“TRO”), should be denied. Pursuant to
Fed.R.Civ.P. 65(a), a hearing should be held to consider
Campos's request for a preliminary injunction (Doc. 20).
filed a civil rights complaint (42 U.S.C. § 1983) on
April 17, 2018. (Doc. 1). Campos named Defendants City of
Natchitoches (“the City”), Mayor Lee Posey
(“Posey”) (individually and in his official
capacity), Natchitoches Police Chief Micky Dove
(“Dove”) (individually and in his official
capacity), Sergeant Steven Lester Rachal, Jr.
(“Rachal”) (individually and in his official
capacity), and the Natchitoches Police Department
(“NPD”) (collectively, “Defendants”).
(Doc. 1). Campos alleges Defendants willfully violated his
First Amendment right to perform lawful photography by
harassing, menacing, and arresting him. (Doc. 1). Campos
alleges Defendants willfully arrested him a second time,
without probable cause, using excessive police force and
violating his Fourth, Fifth, Eighth, and Fourteenth Amendment
rights. (Doc. 1). Campos also alleges Defendants conspired
and acted to violate his constitutional rights using a
“fake” ordinance designed to violate Due Process
protected by the Fourteenth Amendment. (Doc. 1). Campos seeks
compensatory damages and equitable relief. (Doc. 1). Campos
also seeks punitive damages against Posey, Dove, and Rachal,
in their individual capacities. (Doc. 1).
Campos alleges that, on April 14, 2017, at around 3:00 p.m.,
he photographed a vehicle that had an illegible paper license
plate and blackened windows. (Doc. 1). Campos alleges he also
photographed the driver of that car when she harassed him.
(Doc. 1). Campos alleges he then parked his vehicle on Front
Street, when that same vehicle pulled beside him and shouted
at him. (Doc. 1). Campos again photographed the driver. (Doc.
1). Campos claims another driver then “blocked”
him and shouted at him, so he photographed her and her
vehicle. (Doc. 1).
4:00 p.m., Campos was walking on 2nd Street towards the
municipal library and was abruptly stopped by Corporal
Johnson (“Johnson”) of the NPD, without reason.
(Doc. 1). Campos alleges Private Guin (“Guin”)
and Rachal arrived, presumably for “backup.”
states both Rachal and Johnson menaced and taunted him with
disparaging remarks and threats. (Doc. 1). Campos further
alleges he offered his identification, but Rachal placed him
under arrest. (Doc. 1). Campos asserts that it was at that
time a woman - the mother of the first driver with whom he
had an encounter - walked up and met with Guin and Rachal.
(Doc. 1). Campos alleges Rachal made disparaging, derogatory,
and defamatory comments to the woman about Campos's
mental condition. (Doc. 1). Campos asserts the driver then
joined her mother. (Doc. 1). According to Campos, Rachal
encouraged both to file a complaint. (Doc. 1).
alleges he was told his photography was
“unlawful” and that a complaint was made against
him. (Doc. 1). Campos had to ask several times what he was
being charged with, and Rachal replied “disturbing the
peace.” (Doc. 1). Rachal drove Campos to the
Natchitoches Parish Detention Center. (Doc. 1). Campos waived
his Miranda rights. (Doc. 1). Campos further asserts he was
booked for “disturbing the peace 10-58(a)(7)
NPDC2017040121.” (Doc. 1). On September 27, 2017, he
was found not guilty of that offense. (Doc. 1).
asserts the police have continued to harass him at home
because of his photography, and have colluded and conspired
to “defraud” him of his constitutional rights
using an unconstitutional municipal ordinance. (Doc. 1).
Campos asserts Natchitoches Municipal Ordinance 10-58(a)(7)
(“Ordinance 10-58(a)(7)”) is vague and overbroad.
(Doc. 1). Campos asserts false arrest, excessive force, and
other malfeasance violated his constitutional rights. (Doc.
1). Campos asserts Rachal used excessive force against him in
the NPD lobby on November 15, 2017, and forced him to sign a
document. (Doc. 1). Campos claims Posey, Dove, and Rachal
conspired to prevent his photography in public places, using
a “fake” and “unlawful” ordinance.
(Doc. 1). Campos asserts Monell liability against
the City for the “unlawful” municipal ordinance.
answered, asserting various affirmative defenses. (Docs. 7,
8). NPD filed a Motion to Dismiss under Fed.R.Civ.P.
12(b)(6). (Doc. 6). Campos filed a “Motion to
Amend/Correct Complaint” (Doc. 12) to remove NPD as a
Defendant in the action. Campos's amendment was granted
(Doc. 23), and counsel for NPD withdrew their Motion to
Dismiss. (Doc. 23).
now seeks a temporary injunction of Ordinance 10-58(a)(7).
(Doc. 20). Defendants oppose Campos's motion. (Doc. 21).
Campos replied, asserting he is not moving for a TRO. (Doc.
28). Rather, Campos asserts he seeks to stop the enforcement
of the unlawful ordinance. (Doc. 28).
Law and Analysis
To the extent Campos seeks a TRO (Doc. 20), Campos's