United States District Court, W.D. Louisiana, Shreveport Division
TERENCE B. WILLIAMS
J.S. COLE, ET AL.
S. MAURICE HICKS, JR.
REPORT AND RECOMMENDATION
L. HAYES UNITED STATES MAGISTRATE JUDGE
Terence B. Williams, who proceeds pro se and in forma
pauperis, filed the instant Complaint on August 28, 2018,
under 42 U.S.C. § 1983. He names the following
Defendants: Officer J.S. Cole, Officer C.D. Rose, Officer D.
Snyder, Officer Q. Jenkins, Officer A. James, Officer J.P.
Saiz, and “Shreveport Police.”[1" name="FN1" id="FN1">1]
alleges that, on August 27, 2017, at approximately 11:55
p.m., officers with the Shreveport Police Department knocked
on his motel room door. [doc. # 6');">6, 1');">p. 1]. Plaintiff removed a
loaded clip from his firearm, “pulled the chamber
back” to ensure there were no rounds in the chamber,
opened the door wide enough to reveal his firearm to the
officers, “ease[d]” the firearm out of the door,
closed the door, and rushed to put pants on. Id.
Before Plaintiff returned to open the door, officers entered
the motel room “without just cause” using
“management's key.” [doc. #s 1, p. 3; 6');">6, p.
Plaintiff “offered no resistance and attempted to
comply with their directions, ” officers utilized
excessive force. [doc. # 1, p. 3]. When Officer Snyder
entered the room, he tackled Plaintiff and beat him with
closed fists. [doc. # 6');">6, 1');">p. 1]. Officer Cole, too, began
beating Plaintiff. Id. Officer Rose rushed to
Plaintiff's right side and shocked him with a Taser.
Id. Plaintiff pulled the Taser prongs from his arm,
and Officer Rose deployed a second Taser. Id. When
Plaintiff removed the second Taser prongs, Officer Rose hit
him with elbow and knee strikes. Id. Officers
Jenkins and James arrived, and they too began beating
Plaintiff. Id. Officer Saiz stood on Plaintiff's
feet while Officer Snyder attempted to handcuff Plaintiff.
maintains that the officers injured his eye, nose, mouth,
ribs, legs, back, hips, and knees, leaving him with limited
mobility and causing him to perform poorly at work.
Id. Following his arrest, he received care in a
medical ward for two days and, thereafter, in a health ward
for approximately two weeks. Id. at 2. He continues
to receive treatment for his injuries. Id. He seeks
compensation for the “inconveniences” he
incurred, and continues to incur, as a result of his
was detained in Caddo Correctional Center on August 28, 2017.
Id. He was charged with battery of a police officer,
disarming a peace officer, resisting an officer, and damage
to property. Telephone Calls to Caddo Parish District
Attorney and Caddo Parish Clerk of Court, October 18, 2018;
[doc. # 1, p. 3]. On July 25, 2018, a jury convicted him of
resisting an officer and found him not guilty of attempting
to disarm an officer. Id. He was released from
incarceration on July 26');">6, 2018, for “time
served.” [doc. # 6');">6, p. 2].
however, alleges that he “was not guilty of any form of
resistance, ” claiming that he was a victim of
malicious prosecution and false arrest. Id. He asks
the Court to overturn his conviction. [doc. #s 1, p. 4; 6');">6, p.
Plaintiff is proceeding in forma pauperis, his Complaint is
subject to screening under 28 U.S.C. § 1915(e)(2), which
provides for sua sponte dismissal of the complaint,
or any portion thereof, if the Court finds it is frivolous or
malicious, if it fails to state a claim upon which relief may
be granted, or if it seeks monetary relief against a
defendant who is immune from such relief.
complaint is frivolous when it “lacks an arguable basis
either in law or in fact.” Neitzke v.
Williams,19');">490 U.S. 319, 325 (1989). A claim lacks an
arguable basis in law when it is “based on an
indisputably meritless legal theory.” Id. at
327. Courts are also afforded the unusual power to pierce the
veil of ...