United States District Court, W.D. Louisiana, Lafayette Division
REPORT AND RECOMMENDATION
Patrick J. Hanna United States Magistrate Judge
complainant Curstone Alfred (“Alfred”), an inmate
in the custody of the Louisiana Department of Corrections,
filed the instant civil rights complaint pursuant to 42
U.S.C. §1983 on July 8, 2019. [Rec. Doc. 1] He names as
defendants Paul Scott, Dr. Dustin, Franklin Foundation
Hospital and the St. Mary Parish Law Enforcement Center.
While plaintiff is no longer incarcerated, the allegations in
his complaint relate to events that occurred while he was
incarcerated at the St. Mary Parish Law Enforcement Center.
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.
For the following reasons, IT IS RECOMMENDED
that the matter be DENIED and
DISMISSED WITH PREJUDICE as frivolous and
for failure to state a claim on which relief can be granted,
under 28 U.S.C. § 1915(e)(2)(B)(i) and (ii).
of the Case
9, 2019, Plaintiff allegedly slipped and fell in water from a
leaking sink and shower in the restroom area of Wolf D Dorm
at the St. Mary Parish Law Enforcement Center. [Rec. Doc. 1,
p. 3] He was later told that he was knocked unconscious.
Id. He was transferred by Acadian Ambulance to the
Franklin Foundation Hospital, at which time he told the
paramedics that his head, shoulder and back were hurting.
Id. His chief complaint is that no cat scan was
performed and that headaches still occur. 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).
has sued Paul Scott in his supervisory capacities as Warden
of SMPJ. Plaintiff is hereby advised: “Supervisory
officials may be held liable only if: (i) they affirmatively
participate in acts that cause constitutional deprivations;
and (ii) implement unconstitutional policies that causally
result in plaintiff's injuries.” Mouille v.
City of Live Oak, Tex., 977 F.2d 924, 929 (5th
Cir.1992), cert. denied, 1');">508 U.S. 951 (1993).
“Vicarious liability does not apply to § 1983
claims.” Pierce v. Texas Dept. of Crim. Justice,
Inst. Div., 1146');">37 F.3d 1146, 1150 (5th Cir.1994), cert.
denied, 14 U.S. 1107');">514 U.S. 1107 (1995). “Personal
involvement is an essential element of a civil rights cause
of action.” Thompson v. Steele, 1');">709 F.2d 381,
382 (5th Cir.), cert. denied, 464 U.S. 897 (1983).
Plaintiff has not alleged facts sufficient to demonstrate
either personal involvement or the implementation of
unconstitutional policies by the Warden and, therefore,
claims against him should be dismissed.
has named as defendants the physicians at Franklin Foundation
Hospital but has failed to allege facts to establish ...