United States District Court, W.D. Louisiana, Alexandria Division
REPORT AND RECOMMENDATION
H.L. PEREZ-MONTES UNITED STATES MAGISTRATE JUDGE
the Court is the civil rights Complaint and Amended Complaint
under 42 U.S.C. § 1983 (Docs. 1, 11) filed by pro se
Plaintiff Sylvester Martin (“Martin”) (#129262).
Martin is an inmate in the custody of the Louisiana
Department of Corrections (“DOC”), incarcerated
at the Raymond Laborde Correctional Center in Cottonport,
Louisiana (“RLCC”). Martin alleges that he was
subjected to excessive force and convicted of false
Martin fails to state a claim against Defendants, except an
excessive force claim against Warden Poret, all other claims
and Defendants should be DENIED and DISMISSED WITH PREJUDICE.
alleges that he was in the infirmary on a medical callout
when he saw Warden Poret outside of the window walking past
the infirmary. Martin exited the infirmary and called out the
warden's name. (Doc. 1, p. 5). Warden Poret did not
respond, so Martin began to walk toward the warden. Martin
alleges that Warden Poret turned around and grabbed Martin by
the shirt and slammed him against a fence, seriously injuring
Martin's right shoulder. (Doc. 1, p. 5; Doc. 11, p. 1). A
disciplinary charge related to the incident was dismissed.
(Doc. 1-2, p. 2; Doc. 10-1, p. 3).
further alleges that approximately one year later, he was
“verbally abused” by Sgt. Bordelon for no reason
and received a disciplinary conviction. (Doc. 1., p. 7).
Martin was sentenced to 14 days without phone and recreation
privileges. (Doc. 10-1, p. 1). Martin also received another
disciplinary conviction for which he was sentenced to five
months of administrative segregation. (Doc. 1, p. 8).
seeks compensatory and punitive damages, additional medical
care, and a transfer to Hunt Correctional Center. (Doc. 1, p.
Law and Analysis
Martin'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, Martin'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, Martin'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 a 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).
Martin cannot state a claim for false disciplinary
reports or a wrongful disciplinary conviction.
claims that Defendants issued a false disciplinary report to
cover up the excessive force by Warden Poret. However, the
disciplinary report related to the incident with Warden Poret
was dismissed. (Doc. 1-2, p. 2; Doc. 10-1, p. 3). Therefore,
even if the report was false, Martin did not suffer any harm.
Moreover, allegations that a plaintiff was reported or
punished for an act he did not commit do not amount to a
denial of due process where the state provides a procedurally
adequate hearing. Collins v. King, 743 F.2d 248 (5th
Cir. 1984); see also Fisher v. Turner, 14-cv-575,
2015 WL 5697307, at *2 (W.D. La. Sept. 8, 2015) (an inmate
has no constitutional protection from being wrongly charged
with a disciplinary offense), report and recommendation
adopted, 2015 WL 5708249 (W.D. La. Sept. 28, 2015)
(citing Freeman v. Rideout, 808 F.2d ...