United States District Court, W.D. Louisiana, Lake Charles Division
REPORT AND RECOMMENDATION
KATHLEEN KAY, UNITED STATES MAGISTRATE JUDGE
the court is a Motion for Partial Summary Judgment and
Attorney Fees [doc. 23] filed by defendants and relating to
the complaint filed by plaintiff Lionel Guillory. Guillory
opposes the motion. Doc. 25. This matter has been referred to
the undersigned for review, report, and recommendation in
accordance with the provisions of 28 U.S.C. § 636 and
the standing orders of this court.
action arises from injuries allegedly inflicted on Guillory
by Jefferson Davis Parish law enforcement officials, upon
entry into his home in Welsh, Louisiana, on December 28,
2015. Doc. 1. Guillory asserts that the entry was made after
his wife, Patricia, filed a domestic complaint against him
with the Jefferson Davis Parish Sheriff's Office
(“JDPSD”). Id. at 3. He also maintains
that Patricia told officers that he was armed with a pistol
and a rifle, legally blind, and taking anti-depressants.
states that, upon the deputies' arrival, he barricaded
himself in his home. Id. He agreed to speak with his
sister-in-law, Lyndsey Hanks, if she would come inside the
house but deputies declined this request. Id. at
3-4. Deputies then began planning to enter his home, and
Deputy Derrick Miller approached the door. Id. at 4.
Guillory states that he opened the door to speak peacefully
with Miller, and that either Miller or Sheriff Ivy Woods then
shot him in the shoulder with a bean bag round at point-blank
range. Id. Deputies arrested Guillory and brought
him to a local hospital, where he was treated for a clavicle
injury. Id. He was then taken to the parish jail,
where he began having seizures. Id. Instead of
calling an ambulance, jail staff allegedly dragged Guillory
across a concrete floor and then transported him to the
hospital in a patrol unit. Id. Guillory was treated
for his seizures and returned to jail. Id.
filed a complaint in this court against the JDPSO, Deputy
Miller, and Sheriff Ivy Woods. He raises a claim of excessive
force under 42 U.S.C. § 1983 based on his clavicle
injury and a claim of negligence under Louisiana Civil Code
article 2315 based on his treatment at the jail, which he
alleges aggravated the injury. Id. at 5-8.
Defendants now move for summary judgment on the excessive
force claim and Guillory opposes the motion. Docs. 23, 25.
should grant a motion for summary judgment when the movant
shows “that there is no genuine dispute as to any
material fact and the movant is entitled to judgment as a
matter of law.” Fed.R.Civ.P. 56. The party moving for
summary judgment is initially responsible for identifying
portions of pleadings and discovery that show the lack of a
genuine issue of material fact. Tubacex, Inc. v. M/V
Risan, 45 F.3d 951, 954 (5th Cir. 1995). The court must
deny the motion for summary judgment if the movant fails to
meet this burden. Id.
movant makes this showing, however, the burden then shifts to
the non-moving party to “set forth specific facts
showing that there is a genuine issue for trial.”
Anderson v. Liberty Lobby, Inc., 106 S.Ct. 2505,
2511 (1986) (quotations omitted). This requires more than
mere allegations or denials of the adverse party's
pleadings. Instead, the nonmovant must submit
“significant probative evidence” in support of
his claim. State Farm Life Ins. Co. v. Gutterman,
896 F.2d 116, 118 (5th Cir. 1990). “If the evidence is
merely colorable, or is not significantly probative, summary
judgment may be granted.” Anderson, 106 S.Ct.
at 2511 (citations omitted).
may not make credibility determinations or weigh the evidence
in ruling on a motion for summary judgment. Reeves v.
Sanderson Plumbing Prods., Inc., 120 S.Ct. 2097, 2110
(2000). The court is also required to view all evidence in
the light most favorable to the non-moving party and draw all
reasonable inferences in that party's favor. Clift v.
Clift, 210 F.3d 268, 270 (5th Cir. 2000). Under this
standard, a genuine issue of material fact exists if a
reasonable trier of fact could render a verdict for the
nonmoving party. Brumfield v. Hollins, 551 F.3d 322,
326 (5th Cir. 2008).