United States District Court, W.D. Louisiana, Lafayette Division
REPORT AND RECOMMENDATION
B. Whitehurst United States Magistrate Judge.
se plaintiff Reginald T. Morris, proceeding in forma
pauperis, filed the instant civil rights complaint
pursuant to 42 U.S.C. §1983 on March 18, 2019. Plaintiff
is an inmate in the custody of Louisiana's Department of
Public Safety and Corrections and was incarcerated at the
Lafayette Parish Correctional Center (LPCC) at the time of
his filing. He complains that LPCC did not provide a safe
environment by having “non medical inmates”
housed with “classified inmates.” He has brought
suit against LPCC and Deputy Donnie McDaniels.
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.
For the following reason it is recommended that the complaint
be DISMISSED WITH PREJUDICE as frivolous and
for failing to state a claim for which relief may be granted.
alleges that on March 8, 2019, he was attacked by a fellow
inmate, causing him to fall and injure his knee. He contends
that LPCC did not provide a safe environment by having
“non medical inmates” housed with
“classified inmates.” [Rec. Doc. 1, p. 3]
Plaintiff, a 60 year old man, was classified as
“medical” and assigned to Unit 5A and blames the
altercation on the fact that a non medical inmate was housed
with the injured. He alleges that security was “aware
of the situation with non medical inmate housed in the
medical unit” and that Deputy McDaniels was not around
to stop the altercation. Id. at p. 5.
has been granted leave to proceed in forma pauperis
in this matter. Accordingly, his complaint is subject to
screening under 28 U.S.C. § 1915(e)(2), which provides
for sua sponte dismissal of the complaint or any
portion thereof if the court determines that it is frivolous
or malicious, fails to state a claim upon which relief may be
granted, or seeks monetary relief against a defendant who is
immune from such relief. 28 U.S.C. §
complaint is frivolous if it lacks an arguable basis in law
or fact. Gonzalez v. Wyatt, 157 F.3d 1016');">157 F.3d 1016, 1019 (5th
Cir. 1998). A complaint fails to state a claim upon which
relief may be granted if it is clear the plaintiff cannot
prove any set of facts in support of his claim that would
entitle him to relief. Doe v. Dallas Indep. Sch.
Dist., 153 F.3d 211');">153 F.3d 211, 215 (5th Cir. 1998). When
determining whether a complaint is frivolous or fails to
state a claim upon which relief may be granted, the court
must accept the plaintiff's allegations as true.
Horton v. Cockrell, 70 F.3d 397, 400 (5th Cir. 1995)
(frivolity); Bradley v. Puckett, 157 F.3d at 1025
(failure to state a claim).
has named LPCC as a defendant. However, Fed.R.Civ.P. Rule
17(b) provides that the “capacity to sue or be sued
shall be determined by the law of the state in which the
district court is held.” Thus, Louisiana law governs
whether LPCC has the capacity to be sued in this action.
Under Louisiana law, to possess such a capacity, an entity
must qualify as a “juridical person.” This term
is defined by the Louisiana Civil Code as “... an
entity to which the law attributes personality, such as a
corporation or partnership.” La. Civ.Code Ann. art. 24.
not an entity capable of being sued. LPCC is a parish
corrections facility operated by the Sheriff of Lafayette
Parish. Piearson v. Corr. Ctr. Lafayette Parish,
2006 U.S. Dist. LEXIS 95214, 2006 WL 4012476 (citing
La. Atty. Gen. Op. No. 03-0437, 2003 WL 23146623; Langley
v. City of Monroe, 582 So.2d 367 (La.App.2d Cir. 1991)
and La. R.S.15:702 (The parish governing authority is charged
with the duty to provide a good and sufficient jail and to
provide for the physical maintenance of parish jails and
prisons; however, the administration of such jails is within
the province of the sheriff who has the duty of operating the
jail and insuring that prisoners are properly cared for, fed
and clothed.) Accordingly, plaintiff's claims against
this non-juridical entity are frivolous and dismissal on that
basis is recommended.
Classification of Inmates/Transfer
law provides a cause of action against any person who, under
the color of law, acts to deprive another person of any
right, privilege, or immunity secured by the Constitution and
laws of the United States. 42 U.S.C. § 1983. Thus, in
order to hold the defendants liable, a plaintiff must allege
facts to show (1) that a constitutional right has been
violated and (2) that the conduct complained of was committed
by a person acting ...