United States District Court, W.D. Louisiana, Lafayette Division
REPORT AND RECOMMENDATION
Patrick J. Hanna United States Magistrate Judge.
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.
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.
or 2000, he went to UMC Hospital to complain about his head
and he was given pills and told nothing was wrong.
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.
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
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.
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).