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Ruffin v. Larpenter

United States District Court, E.D. Louisiana

May 28, 2019

LEE A. RUFFIN
v.
JERRY LARPENTER, SHERIFF OF TERREBONNE PARISH, ET AL.

         SECTION: “I” (3)

          REPORT AND RECOMMENDATION

          DA NA M. DOUGLAS UNITED STATES MAGISTRATE JUDGE

         Plaintiff, 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.

         I. Screening Standards

         Plaintiff 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).

         In 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).[1] Regarding such lawsuits, federal law similarly requires:

         On review, the court shall identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint -

(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 ...

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