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Baptiste v. Decou

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

June 3, 2019

JOHN DERRICK BAPTISTE
v.
BRANDON DECOU, ET AL

          SUMMERHAYS JUDGE.

          REPORT AND RECOMMENDATION

          Patrick J. Hanna United States Magistrate Judge.

         Pro se plaintiff, John Derrick Baptiste (“Baptiste”), proceeding in forma pauperis, filed the instant complaint on April 16, 2019, pursuant to 42 U.S.C. §1983. He was granted leave to proceed in forma pauperis on May 8, 2019. [Rec. Doc. 8] Baptiste names numerous defendants in this complaint: Brandon Decou, Charles Langlinais, Mike Neaslru, Mark Grober, Noikeneus Yorum, Karn Barbara, Tony Morrow, Kathleen Blanco, Mike Harson, Keith Stutes, Tyler Medical Health, Federal Bureau of Investigation, Dept. of Corrections, BPD, UMC, SSO, Internal Revenue Service, Media 10 News, 3 News, Judges 15th Judicial Court House. He is currently incarcerated at the Lafayette Parish Correctional Center on unknown charges. 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.

         Background

         Plaintiff's claims begin in 1997 when, as a thirteen (13) year old inmate at the Bridge City LTI, he was pulled off the bunk by another inmate and hit his head. He contends that a General from the Army told a female nurse to staple his head closed. [Rec. Doc. 1, p. 5] He alleges that his “head had a hole in it but they left it open to make money.” Id.

         In 1999 or 2000, he went to UMC Hospital to complain about his head and he was given pills and told nothing was wrong. Id.

         In 2004, while working for the City of Broussard, he was struck with a street sign and told to “leave them girls alone on Hulin St.” Id. He claims that while he had a hard time registering what happened, and had amnesia, the FBI was trying to kill him because of “what happened in 1997.” Id. Knowing he could sue for millions of dollars, the local police and government “created a conspiracy” and began corrupting his family and making allegations that Baptiste committed rape. Id.

         In 2005, still suffering on the right side of his head and body, he was arrested for breaking street signs. Id. He tried to press charges, but his statement was thrown in the trash. He also sent civil statement forms to the Department of Justice in Washington, D.C. Id. He contends that the Broussard Police Department wanted him to go to Tony Morrow's office where he was asked to sign some papers. Later, when he went to court, he was asked to go into a back room with Brandon Decou, Broussard Chief of Police, and Tony Morrow where there was cash stacked up. Id. He pled no contest and left “puzzled and confused.” Id. at p. 6. He was followed by Tony Morrow and an unknown male and female who told him he “better shut up.” Id.

         Plaintiff alleges that “Broussard” and “Lafayette” have “created a conspiracy to take my money for my head and hit me in the head trying to kill me with the help of Brandon Decou, former Mayor Langlinais, FBI, Broussard City Couicl (sic) mebers (sic) and corrupt citizen's kid's with the IRS and Dept. of Justises (sic) protecting and cover up what they did to look clean. Making me look like a thug or gnagster send a gay or homosexuila (sic) boys that they slept with to intister (sic) me and run girls are (sic) try to run girls off and make me feel unconftedable (sic) like I was a rappiest (sic). They stalk me sents (sic) 1997 waiting to kill me for money with the school board, and Boys and Girls Villge (sic), Media Channel 10 News, 3 News and more.” Id. He complains that the hole in his head affects him in cold and hot weather and states that he is in slavery due to his civil rights being violated. Id.

         Law and Analysis

         A. Frivolity Review

         Baptiste 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. § 1915(e)(2)(B)(i)-(iii).

         A 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).

         B. ...


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