United States District Court, W.D. Louisiana, Shreveport Division
HORNSBY MAGISTRATE JUDGE.
MAURICE HICKS, JR., CHIEF JUDGE.
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
FACTUAL AND PROCEDURAL BACKGROUND
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.
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.
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
(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.
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
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
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 -
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