United States District Court, W.D. Louisiana, Lake Charles Division
D. CAIN, JR. UNITED STATES DISTRICT JUDGE.
the court is a second Motion for Summary Judgment [doc. 17]
filed by defendants Tony Mancuso and Scot Nugent, in response
to the civil rights suit filed in this court under 42 U.S.C.
§ 1983 and state law by plaintiff Shannon Reeves.
Plaintiff opposes the motion.
suit arises from plaintiffs treatment at the hands of unknown
officers at Calcasieu Correctional Center ("CCC").
Plaintiff alleges as follows: He was booked into that
facility on or about June 11, 2018, and alerted officers that
he had medical needs relating to injuries, including head
trauma, that he sustained in a car accident. Doc. 1,
¶¶ 6-8. Plaintiff complained when officers moved
him to a cell without a bottom bunk and told them that he
could not climb into a top bunk due to his injuries.
Id. at ¶ 9. The officers mocked him, and
plaintiff admits that he responded rudely. Id. at
¶¶ 9-10. Three officers then beat plaintiff,
throwing him to the ground and aggravating his injuries.
Id. at ¶¶ 10- 12. After the beating,
plaintiff was placed in solitary confinement and denied
medical care. Id. at ¶ 13. He filed an inmate
complaint with Internal Affairs, but the complaint was not
investigated. Id. at ¶ 14.
filed suit in this court on June 7, 2019. Doc. 1. As
defendants he names the three unknown officers, in their
individual capacities, and Sheriff Tony Mancuso and CCC
Warden Scot Nugent, in their official capacities. He seeks
monetary relief from all defendants under 42 U.S.C. §
1983, based on the alleged violations of his constitutional
rights, and state tort law.
Mancuso and Nugent moved to dismiss the action or for summary
judgment on July 3, 2019, alleging that plaintiff had failed
to exhaust his administrative remedies as required under the
Prison Litigation Reform Act ("PLRA"), 42 U.S.C.
§ l997e. Doc. 7. The court denied the motion on July 24,
based on defendants' failure to show whether plaintiff
was still incarcerated when he filed suit. Doc. 15; see
Bargher v. White, 928 F.3d 439 (5th Cir. 2019) ("By
its plain language, however, the PLRA's restrictions do
not apply to actions filed by former inmates following their
release.") Defendants filed another motion for summary
judgment on August 9, this time showing that plaintiff was
incarcerated at all relevant times and maintaining that the
suit should be dismissed due to his failure to exhaust
administrative remedies. Doc. 17.
should grant a motion for summary judgment when the movant
shows "that there is no genuine dispute as to any
material fact and the movant is entitled to judgment as a
matter of law." Fed.R.Civ.P. 56. The party moving for
summary judgment is initially responsible for identifying
portions of pleadings and discovery that show the lack of a
genuine issue of material fact. Tubacex, Inc. v.
M/VRisan, 45 F.3d 951, 954 (5th Cir. 1995). The court
must deny the motion for summary judgment if the movant fails
to meet this burden. Id.
movant makes this showing, however, the burden then shifts to
the non-moving party to "set forth specific facts
showing that there is a genuine issue for trial."
Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248
(1986) (quotations omitted). This requires more than mere
allegations or denials of the adverse party's pleadings.
Instead, the nonmovant must submit "significant
probative evidence" in support of his claim. State
Farm Life Ins. Co. v. Gutterman, 896 F.2d 116, 118 (5th
Cir. 1990). "If the evidence is merely colorable, or is
not significantly probative, summary judgment may be
granted." Anderson, 477 U.S. at 249 (citations
may not make credibility determinations or weigh the evidence
in ruling on a motion for summary judgment. Reeves v.
Sanderson Plumbing Prods., Inc.,530 U.S. 133, 150
(2000). The court is also required to view all evidence in
the light most favorable to the non-moving party and draw all
reasonable inferences in that party's favor. Clift v.
Clift,210 F.3d 268, 270 (5th Cir. 2000). Under this
standard, a genuine issue of material fact exists if a