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King v. Leblanc

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

November 5, 2018

TYWASKI KING
v.
JAMES M. LEBLANC, ET AL.

          HORNSBY MAGISTRATE JUDGE.

          MEMORANDUM RULING

          S. MAURICE HICKS, JR., CHIEF JUDGE.

         Before the Court is a Motion for Summary Judgment (Record Document 32) filed by Defendants Gary Carter, Jerry Goodwin, John Huey, and James LeBlanc. Defendants Gary Carter (“Lieutenant Carter”) and John Huey (“Captain Huey”) are correctional officers at David Wade Correctional Center (“DWCC”). Defendant Jerry Goodwin (“Warden Goodwin”) is the Warden at DWCC. Defendant James LeBlanc (“Secretary LeBlanc”) is the Secretary of the Department of Public Safety and Corrections (“DPSC”). Defendants seek dismissal of Plaintiff Tywaski King's (“King”) Section 1983 claims against them in their individual capacities. King has opposed the motion, arguing genuine disputes of material fact exist that prevent the entry of summary judgment. See Record Document 35. For the reasons set forth below, the Motion for Summary Judgment is GRANTED IN PART AND DENIED IN PART.

         I. FACTUAL AND PROCEDURAL BACKGROUND

         King is an inmate incarcerated at DWCC. On or about June 26, 2018, at the direction of Steve Hayden, Director of Mental Health Services at DWCC, King was placed on suicide watch. See Record Document 34-4 at ¶ 4(b). King was “stripped of all implements that might assist suicide, including clothing.” Record Document 32-2 at 1.

         On or about June 28, 2016, Captain Huey placed another inmate, Willie Rose (“Rose”), in King's cell. See Record Document 34-4 at ¶ 4(c). Rose was fully clothed and was not on suicide watch. See Record Document 1 at ¶ 21; Record Document 25 at ¶ 21. Captain Huey stated in his affidavit that Rose was placed in the cell per instructions from Colonel Lonnie Nail. See Record Document 34-4 at ¶ 4(c). King alleges that Captain Huey “had personal knowledge of Rose's intent to attack . . . King and/or knew of the potential risk of attack, and placed him in the cell for that purpose.” Record Document 35-6 at ¶ 2. Conversely, Captain Huey asserted in his affidavit that “Rose expressed no protection concerns” regarding problems with King. Record Document 37-2 at ¶ 4(g). Captain Huey also stated in his affidavit that he did not instruct Rose to attack King. See id. at ¶ 10.

         Ultimately, it is undisputed that King was left restrained in handcuffs in the cell while Rose was not restrained. During this time, Rose physically attacked King. King had no ability to defend himself because he was restrained with handcuffs. See Record Document 1 at ¶ 22. King maintains that Captain Huey (1) knew King was restrained and that Rose was unrestrained; and (2) left King restrained intentionally. See Record Document 35-6 at ¶¶ 3-4. In his affidavit, Captain Huey declared:

4. (d) Prior to placing offender Willie Rose into Cell 8 with offender Tywaski King, affiant instructed offender King to come to the cell bar door to have handcuffs placed on him. Offender King complied with affiant's instructions. After offender King was handcuffed with his hands in front of him, affiant instructed offender King to step away from the cell bar door so that offender Rose could be escorted into the cell. After offender Rose was escorted into Cell 8, his leg chains were removed. After leg chains were removed from offender Rose, affiant exited Cell 8 and the cell bar door was closed.
(e) Affiant instructed offender Willie Rose to come to the cell bar door to have his handcuff[s] removed. Offender Rose complied with affiant's instructions. Affiant exited Housing Unit N1, Tier D.
5. On June 28, 2016, at approximately 1709 Hours (i.e., 5:09 p.m.), affiant inadvertently left a pair of handcuffs on offender Tywaski King, after escorting and placing offender Willie Rose into the cell assigned to offender King.

         Record Document 37-2. King testified in his deposition that he called out to Captain Huey and told him about the handcuffs being left on. See Record Document 35-2 at 2. King explained:

Q All right. After the handcuffs were taken off of Willie Rose, tell me what you remember occurring next.
A Well, they took the handcuffs off Mr. Willie. I was calling Captain Huey. Like I said, he had told Carter, he got me, so Carter left. I think, a little bit, like over the wall, so he was kind of in the back, so I calling Huey, telling him about the handcuffs. So, the guys on the tier telling him dude got the handcuffs on. . . .
Q When Willie Rose was placed in the cell and you started calling out to the Captain about still having handcuffs on, was he still on the tier at that time?
A He was in the process of leaving - yeah. He was on. He could hear me.
Q He could hear you?
A The tier is pretty long.
Q Do you remember where, on the tier, you were housed? Were you closer to the exit door of the tier, were you back closer to -

         A Closer to the front.

Q All right. So, if I'm understanding what you just said correctly, on June 28, 2016, you were in a cell that was closer to the front -

         A Yes, sir.

Q -- of the tier. Right?
A Yes, sir.
Q You called out to the Captain and you say he was in the process of leaving off the tier. Do you remember what you called ...

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