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Morris v. Shetty

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

May 20, 2019

REGINALD T MORRIS #1077432
v.
DEPUTY SHETTY ET AL

          SUMMERHAYS, JUDGE

          MEMORANDUM ORDER

          CAROL B. WHITEHURST, UNITED STATES MAGISTRATE JUDGE

         Pro se complainant, Reginald T. Morris, an inmate in the custody of the Louisiana Department of Corrections, filed the instant civil rights complaint pursuant to 42 U.S.C. §1983 on April 24, 2019. Plaintiff is currently incarcerated at the Lafayette Parish Correctional Center (LPCC). He names the following as defendants: Deputy Shetty, 15th Judicial District Court, Judge Marilyn Castle, Lafayette Parish Correctional Center and Sheriff's Office of Lafayette Parish. 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 the Court.

         Statement of the Case

         On April 18, 2019, Plaintiff was in the courtroom of Judge Marilyn Castle, 15th Judicial District Courthouse, when he was allegedly assaulted by Deputy Shetty. Plaintiff asserts the following:

He grabbed my left arm (my bicep), and yanked me onto my feet. (His fingers left marks on my bicep). Then, he grabbed my waist restraints (chains), and while holding me by the arm he began pushing me very hard to the exit. Before exiting he pushed me so hard that I tripped and fell to the floor… Then he yanked me up from the floor by the waist chain. (I was in full restraints.) I could not use my hands to help break the fall. … After exiting the room he continued handling me rough causing me to hit my injured knee (my already injured knee). Then he pushed me down onto a bench.

         Rec. Doc. 1, p. 3, ¶ IV.

         Plaintiff asked to be taken to the hospital; this request was denied by Shetty and the LPCC Medical Department.

         ORDER

         In order to determine an appropriate resolution of plaintiff's complaint, THE CLERK IS DIRECTED to serve a copy of this memorandum order, two (2) summons forms for Defendant Deputy Shetty[1] and one (1) USM-285 form for the Defendant Shetty, upon Plaintiff at his last known address who must then furnish to the

         Clerk of Court, 800 Lafayette Street, Lafayette, Louisiana 70501 within thirty (30) days after service of this order, one (1) copy of the complaint [Rec. Doc. 1] and two (2) completed summonses and one (1) completed USM-285 form for the Defendant for service, and that after the foregoing documents have been furnished as aforesaid;

         THE CLERK FURTHER IS DIRECTED to serve, through the U.S. Marshal, a copy of the complaint and amended complaint, the appropriate summons, and a copy of this memorandum order on the Defendant named above.

         IT IS ORDERED that Defendant file a response within twenty-one (21) days after the date of service. Defendant shall address whether plaintiff should be required to exhaust administrative remedies, and, if so, whether he has exhausted his administrative remedies prior to filing herein. If Defendant contends that plaintiff failed to exhaust administrative remedies, they are authorized to raise this issue via summary judgment motion as a threshold matter. See Dillon v. Rogers, 596 F.3d 260, 272 (5th Cir. 2010). Alternatively, if disputed facts preclude Defendant from filing a summary judgment, Defendant may file a motion for an evidentiary hearing to resolve the exhaustion issue before the case proceeds to the merits.

         IT IS FURTHER ORDERED that the following ...


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