United States District Court, W.D. Louisiana, Lafayette Division
B. WHITEHURST, UNITED STATES MAGISTRATE JUDGE
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.
of the Case
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
Doc. 1, p. 3, ¶ IV.
asked to be taken to the hospital; this request was denied by
Shetty and the LPCC Medical Department.
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 and one (1) USM-285 form for the Defendant
Shetty, upon Plaintiff at his last known address who must
then furnish to the
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;
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.
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.
IS FURTHER ORDERED that the following ...