United States District Court, M.D. Louisiana
BRANDON S. LAVERGNE #424227, ET AL.
MICHAEL VAUGHN, ET AL.
RICHARD L. BOURGEOIS, JR. UNITED STATES MAGISTRATE JUDGE
take notice that the attached Magistrate Judge's Report
has been filed with the Clerk of the United States District
accordance with 28 U.S.C. § 636(b)(1), you have fourteen
(14) days after being served with the attached Report to file
written objections to the proposed findings of fact,
conclusions of law and recommendations therein. Failure to
file written objections to the proposed findings,
conclusions, and recommendations within 14 days after being
served will bar you, except upon grounds of plain error, from
attacking on appeal the unobjected-to proposed factual
findings and legal conclusions of the Magistrate Judge which
have been accepted by the District Court.
NO EXTENSION OF TIME SHALL BE GRANTED TO FILE WRITTEN
OBJECTIONS TO THE MAGISTRATE JUDGE'S REPORT.
JUDGE'S REPORT AND RECOMMENDATION
matter comes before the Court the Motion for Summary Judgment
of the remaining Defendants in this case, Bruce Dodd and
Michael Vaughn (R. Doc. 78). This Motion is opposed.
See R. Docs. 101 and 102.
se plaintiff, Brandon Lavergne, an inmate incarcerated
at the Louisiana State Penitentiary (“LSP”),
Angola, Louisiana, filed this action pursuant to 42 U.S.C.
§ 1983 against Michael Vaughn, Seth Smith, Darrell
Vannoy, Leslie Dupont, Joe Jones, William Richardson, Megan
Shipley, George Heard, Cindy Vannoy, Lindsey Metz, Delvin
Turner and Bruce Dodd. Pursuant to prior Rulings in this
case, all of the plaintiffs' claims have been dismissed
except the claim that defendants Michael Vaughn and Bruce
Dodd violated their constitutional rights by imposing a mail
block in February of 2016. The plaintiffs' pertinent
allegations as to the remaining claim are as follows:
October of 2015, the plaintiff was notified by the visitation
officer that his daughter, Bethany, was going to be removed
from his visitor list unless he sent her a visitation form
after she turned 15. Since, due to a no contact order, the
plaintiff could not send anything to the mother of his
daughter (his former wife Lainey Martinez), he filed a
grievance (LSP-2015-3283) which was denied.
December of 2015, the plaintiff learned that his daughter had
not been living with his former wife since 2014. Instead, she
had been residing in a group home in Mississippi. On February
3, 2016, the plaintiff wrote a letter to the staff of the
group home asking for permission to contact his daughter. The
plaintiff's ex-wife contacted the prison regarding the
letter on or about February 8, 2016. On or about February 12,
2016, in alleged retaliation for the plaintiff's filing
of a prior suit, defendant Michael Vaughn, with the approval
of defendant Bruce Dodd, placed the plaintiff on a
“total mail block, ” which prohibited the
plaintiff from sending or receiving any mail, including
religious or legal mail. The block also prohibited the
plaintiff from receiving J-PAY e-mails.
February 16, 2016, defendant Vaughn issued a disciplinary
report wherein he claimed that the plaintiff had been
verbally advised in 2012 that he was not to have any contact
with the Martinez family. The plaintiff asserts that he was
not informed to not have any contact with the Martinez
family, rather the plaintiff was told not to contact Lainey
February 17, 2016, the plaintiff wrote a second letter to the
staff of the group home requesting written permission to
contact his daughter. On the same date, defendant Vaughn
issued a second disciplinary report.
plaintiff was brought before a disciplinary board on February
19, 2016. The plaintiff requested that a copy of his February
3, 2016 letter to the group home be produced, and the board
agreed. The report was sent back to defendant Vaughn in order
for a copy of the letter to be produced.
February 20, 2016, the plaintiff was brought before a
disciplinary board regarding the disciplinary report issued
on February 17, 2016. The plaintiff informed the board that
he had not received a copy of the report, and the board
deferred the hearing. On February 22, 2016, the plaintiff was
brought before a new disciplinary board who found no reason
for the February 3, 2016 letter to be produced and refused to
allow the plaintiff to question defendant Vaughn. The
plaintiff was found guilty and sentenced to 12 weeks loss of
store and transfer to the Camp J management program.
February 23, 2016, the plaintiff was brought before a
disciplinary board for the February 17, 2016 disciplinary
report. The plaintiff's requests for a copy of the
letter, a copy of the disciplinary report, a copy of a no
contact request from the group home, and to question
defendant Vaughn were refused. The plaintiff was found guilty
and was again sentenced to the Camp J management program.
plaintiff appealed the disciplinary convictions, and his
appeals were rejected by based upon false information. The
plaintiff then filed a grievance on February 25, 2016
concerning the mail block. On April 25, 2016, a First Step
response was issued denying the plaintiff's request ...