United States District Court, W.D. Louisiana, Alexandria Division
REGINALD T. MORRIS, Plaintiff
CONCORDIA PARISH CORRECTIONAL FACILITY, ET AL., Defendants
REPORT AND RECOMMENDATION
H.L. Perez-Montes United States Magistrate Judge.
the Court is a civil rights Complaint and Amended Complaint
under 42 U.S.C. § 1983 (Docs. 1, 12) filed by pro se
Plaintiff Reginald T. Morris (“Morris”). Morris
is a pretrial detainee incarcerated at the Lafayette Parish
Correctional Center (“LPCC”). Morris complains
that he was injured while exiting a jail transport van at the
Concordia Parish Correctional Facility (“CPCF”).
Morris also claims he was denied adequate medical care at
CPCF and LPCC, and that he was subjected to unconstitutional
conditions of confinement at CPCF.
Morris cannot establish that he suffered a constitutional
violation, his Complaints (Docs. 1, 12) should be DENIED and
alleges that he was a passenger in a CPCF van when it was
involved in an accident in the sally port. (Doc. 1, p. 3). As
Morris was attempting to exit the van unassisted, his leg
shackles got caught on a step, and he fell on his head and
face, rendering him unconscious. (Doc. 1, p. 3). Morris was
transported by ambulance to the Riverland Medical Center.
(Doc. 1, p. 3). Morris was treated at the hospital and
returned to CPCF. Morris alleges he was “put on the
floor” despite having a bottom bunk pass. (Doc. 1-2, p.
1). Morris alleges he slept on the floor until he was
transferred to Lafayette. (Doc. 1-2, p. 1).
alleges he “repeatedly contacted CPCF medical staff via
sick call request” but received no response. However,
Morris states that he was provided a steroid shot and
ibuprofen. (Doc. 1-2, pp. 2-3). Morris also complains about
the medical care he received at LPCC.
was ordered to amend his Complaint to state whether he was
provided a mattress when he was required to sleep on the
floor, and to state the number of nights he slept on the
floor. (Doc. 11). Additionally, Morris was ordered to state
what injuries, if any, he suffered as a result of sleeping on
the floor and as a result of allegedly being denied medical
care. (Doc. 11). Finally, Morris was ordered to provide the
dates on which he requested medical care and the reasons for
his requests, and to state the date on which he was
transferred to LPCC from CPCF. (Doc. 11). Morris's
Amended Complaint is completely unresponsive to the Order and
devoid of any allegation regarding sleeping on the floor.
has filed six civil rights suits in this Court since October
2018. So far, two have been dismissed with prejudice as
frivolous or failing to state a claim for which relief can be
granted. (1:18-cv-1322; 6:19-cv-546).
Law and Analysis
Morris's Complaint is subject to screening under
§§ 1915(e)(2) and 1915A.
is a prisoner who has been allowed to proceed in forma
pauperis. (Doc. 8). As a prisoner seeking redress from an
officer or employee of a governmental entity, Morris's
Complaint is subject to preliminary screening pursuant to 28
U.S.C. § 1915A. See Martin v. Scott, 156 F.3d
578, 579-80 (5th Cir. 1998) (per curiam); Rosborough v.
Mgmt. and Training Corp., 350 F.3d 459, 461 (5th Cir.
2003) (holding that prison management corporations and their
employees are state actors under § 1983). Because he is
proceeding in forma pauperis, Morris's Complaint is also
subject to screening under § 1915(e)(2). Both
§§ 1915(e)(2)(B) and 1915A(b) provide for sua
sponte dismissal of the complaint, or any portion thereof, if
the Court finds it is frivolous or malicious, if it fails to
state a claim upon which relief may be granted, or if it
seeks monetary relief against a defendant who is immune from
complaint is frivolous when it “lacks an arguable basis
either in law or in fact.” Neitzke v.
Williams, 490 U.S. 319, 325 (1989). A claim lacks an
arguable basis in law when it is “based on an
indisputably meritless legal theory.” Id. at
327. A complaint fails to state a claim upon which relief may
be granted when it fails to plead “enough facts to
state a claim to relief that is plausible on its face.”
Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570
(2007); Ashcroft v. Iqbal, 556 U.S. 662 (2009).
Morris fails to state a claim regarding ...