The opinion
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
RONALD GRAVES (#356003) CIVIL ACTION
VERSUS
BURL CAIN, ET AL, NO.: 16-292-BAJ-RLB
RULING AND ORDER
Before the Court is the United States Magistrate Judge’s Report and
Recommendation (Doc, 51) pursuant to 28 U.S.C. § 636(b)(1). The Report and
Recommendation addresses Defendants’ Amended Motion to Dismiss (Doc. 43).
The pro se Plaintiff, Ronald Graves, is housed at the Louisiana State Penitentiary
CLSP”), Angola, Louisiana. The moving Defendants seek dismissal for lack of subject
matter jurisdiction pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure
with respect to Plaintiffs claim against Defendants in their official capacities.
Defendants also seek dismissal pursuant to Rule 12(b)(6) for claims against
Defendants in their individual capacities.
The Magistrate Judge recommended that Plaintiffs claims against Burl Cain
be dismissed, without prejudice, for failure to timely effect service upon him. The
Magistrate Judge further recommended that Defendants’ Amended Motion to
Dismiss (Doc. 43) be granted in part, dismissing Plaintiffs claims asserted against
Defendants in their official capacities for monetary damages, Plaintiffs claims
against James LeBlanc, and Plaintiffs claim against Derek Jones for failing to
intervene in the attack, with prejudice. The Magistrate Judge further recommended
that in all other regards the Motion (Doe. 43) be denied.
The Report and Recommendation notified the parties that, pursuant to 28
U.S.C. § 636(b)(1), they had fourteen (14) days from the date they received the Report
and Recommendation to file written objections to the proposed findings of fact,
conclusions of law, and recommendations therein. See (Doc. 51). Defendants filed an
Objection (Doc. 54).
Defendants’ Objection to the Magistrate Judge’s Report and Recommendations
(Doc. 54) argues that Defendants’ Motion to Dismiss Plaintiffs claims against Colonel
Wilford Cazelot and Assistant Warden Ray Vittorio should also be granted.
Defendants argue that there can be no finding of the deliberate indifference required
to overcome their Qualified Immunity defense. Defendants argue that Plaintiff did
not allege facts with requisite specificity, as he did not provide that either Defendant
“had actual knowledge of [] Inmate Gary’s prior violent history and then disregarded
it.” (Doc. 54 at p. 9). Defendants further argue that Defendants must have been aware
of a substantial risk, not just a risk, to Plaintiffs safety, but “had no reason to believe
Inmate Gary presented a substantial risk of harm.” (Emphasis in original) (Doc 54,
at p. 10-11).
At the motion to dismiss stage, the Court “must accept as true all of the factual
allegations contained in the Complaint.” Erickson v. Pardus, 551 U.S. 89, 94 (2007).
Further, “[a] document filed pro se is ‘to be liberally construed’...and ‘a pro se
Complaint, however inartfully pleaded, must be held to less stringent standards than
formal pleadings drafted by lawyers.” Id. (citation omitted), Notwithstanding, the
Court need not accept “a legal conclusion couched as a factual allegation,” Papasan
uv. Allain, 478 U.S. 265, 286 (1986).
In his Supplemental Complaint (Doc. 42) containing the claims Defendants
seek to dismiss, Plaintiff alleges that he told Defendant Ray Vittorio that Inmate
Gary had threatened Plaintiffs life and was told to “get it like fhe] live[d].” (Doc. 42
at p. 1). Plaintiff further alleged that he told Defendant Cazelot that he did not want
to “get stuck out behind this Gary [gluy because of a fan,” and went on to tell Cazelot
that he had already told Defendant Vittorio about the death threat, both of which
Cazelot ignored. Defendants devote much of their Objection to the argument that
Plaintiff fails to establish subjective knowledge. However, Plaintiff has alleged
sufficient facts to overcome Rule 12(b)(6) dismissal. The Court at this stage must
accept as true that Plaintiff made statements to Defendants that an inmate had
threatened his life, and Defendants did not take measures to prevent the attack.
Having carefully considered the underlying Complaint, the instant motions,
and velated filings, the Court approves the Magistrate Judge’s Report and
Recommendation, and hereby adopts its findings of fact, conclusions of law, and
recommendation.
Accordingly,
IT IS ORDERED that the Magistrate Judge’s Report and
Recommendation (Doe. 51) is ADOPTED as the Court’s opinion herein.
IT IS FURTHER ORDERED that the claims brought by Plaintiff against
Burl Cain are hereby DISMISSED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that Defendants’ Amended Motion to
Dismiss (Doc. 48) is GRANTED IN PART, to the extent that Plaintiffs claims
against Defendants in their official capacities for monetary damages, Plaintiffs
claims against James LeBlanc, and Plaintiffs claim against Derek Jones for failing
to intervene in the attack are DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that Defendants’ Amended Motion to
Dismiss (Doc. 43) is DENIED IN PART, as it relates to all other claims brought by
Plaintiff against Defendants.
Baton Rouge, Louisiana, this ] Oaay of October, 2019.
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. JUDGE BRIAN A. JACKSON
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA