United States District Court, E.D. Louisiana
LEE A. RUFFIN
JERRY LARPENTER, SHERIFF OF TERREBONNE PARISH, ET AL.
REPORT AND RECOMMENDATION
M. DOUGLAS UNITED STATES MAGISTRATE JUDGE
Lee A. Ruffin, a state pretrial detainee, filed this federal
civil action pursuant to 42 U.S.C. § 1983. He sued
Terrebonne Parish Sheriff Jerry Larpenter, Terrebonne Parish
President Gordon Dove, and Terrebonne Parish Criminal Justice
Complex Warden Steve Bergeron. In this lawsuit, plaintiff
challenges the conditions of his confinement.
filed this federal civil action in forma pauperis.
Concerning such actions, federal law provides:
Notwithstanding any filing fee, or any portion thereof, that
may have been paid, the court shall dismiss the case at any
time if the court determines that ... the action …
(i) is frivolous or malicious;
(ii) fails to state a claim on which relief may be granted;
or (iii) seeks monetary relief against a defendant who is
immune from such relief.
28 U.S.C. § 1915(e)(2)(B).
addition, because plaintiff is incarcerated, he is also
subject to the screening provisions of 28 U.S.C. §
1915A. That statute mandates that federal courts
“review, before docketing, if feasible or, in any
event, as soon as practicable after docketing, a complaint in
a civil action in which a prisoner seeks redress from a
governmental entity or officer or employee of a governmental
entity.” 28 U.S.C. § 1915A(a). Regarding such
lawsuits, federal law similarly requires:
review, the court shall identify cognizable claims or dismiss
the complaint, or any portion of the complaint, if the
(1) is frivolous, malicious, or fails to state a claim upon
which relief may be granted; or
(2) seeks monetary relief from a defendant who is immune from