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Dominick v. Stone

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

May 28, 2019

WILLIE DOMINICK, III
v.
MIKE STONE, ET AL.

         SECTION P

          TERRY A. DOUGHTY, JUDGE.

          MEMORANDUM ORDER

          Karen L. Hayes, United States Magistrate Judge.

         Plaintiff Willie Dominick, III, a prisoner at Lincoln Parish Detention Center proceeding pro se and in forma pauperis, filed the instant proceeding on April 18, 2019, under 42 U.S.C. § 1983. He names the following defendants: Sheriff Mike Stone, Police Jury, City Officer Ashcraft, and Officer Jennifer Winzer.[1" name="FN1" id= "FN1">1]

         Background

          Plaintiff alleges that Officers Ashcraft and Winzer arrested him without probable cause on approximately February 21, 2019. [doc. # 1, p. 1]. Plaintiff was asleep in his parked vehicle when the officers approached. Id.

         Citing La. Code Crim. Pro. art. 230.1(A), Plaintiff alleges that fifty-five days elapsed, from the day of his arrest, before Defendants brought him to a judge for appointment of counsel. Id. Plaintiff seeks punitive damages, "normal" damages, and $500, 000.00 to compensate him for his mental anguish. [doc. #s 1, p. 1; 4, p. 3].

         Amendment

          While Federal Rule of Civil Procedure 8 does not require explicit detail, it does require a plaintiff to allege some facts which support the conclusion that the defendants violated his constitutional rights. In other words, a civil rights plaintiff must support his claims with specific facts demonstrating a constitutional deprivation and may not simply rely on conclusory allegations. Ashcroft v. Iqbal, 556 U.S. 662 (2009); Schultea v. Wood, 47 F.3d 1427');">47 F.3d 1427, 1433 (5th Cir. 1995).

         The Court has identified several deficiencies in Plaintiff's allegations. Before proceeding further, Plaintiff should amend his Complaint, provide the information outlined below, and remedy the deficiencies described below. See Spears v. McCotter, 179');">766 F.2d 179 (5th Cir. 1985). Plaintiff should:

(1) provide a separate description of what, exactly, each defendant did to violate his rights; in other words, a description of how each defendant participated in the violation of his constitutional rights;
(2) provide a description of the injury or harm, if any, sustained as a result of each alleged violation;
(3) identify the specific injury or harm for which he seeks ...

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