Opinion

Dunn v. State of Louisiana, Through the Department of Public Safety and Corrections

Court
District Court, M.D. Louisiana
Filed
Jul 28, 2021
Cited by
0 cases
Authority
More cited than 22.5%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA

TRAVIS SHAWN DUNN

CIVIL ACTION

VERSUS

20-425-SDD-SDJ

STATE of LOUISIANA

through the DEPARTMENT

OF PUBLIC SAFETY AND

CORRECTIONS, et al

RULING

Before the Court are two Motions: the Re-Urged 12(b)(6) Partial Motion to Dismiss1

filed by Defendants, the State of Louisiana through the Department of Public Safety and

Corrections (“DPSC”), Elayn Hunt Correctional Center (“EHCC”), Warden Timothy

Hooper (“Warden Hooper”), Assistant Warden Todd Barrere (“Barrere”), Assistant

Warden Kirt Guerain (“Guerain”), Colonel Eric Hinyard (“Hinyard”), Major Donald Johnson

(“Major Johnson”), Sergeant Samantha Joubert (“Joubert”), and Cadet Unknown Cain

(“Cain”); and the 12(b)(6) Partial Motion to Dismiss2 filed by Defendant Sergeant

Damesha Johnson (“Johnson” or “Sergeant Johnson”). Plaintiff Travis Shawn Dunn

(“Dunn” or “Plaintiff”) filed an Opposition to both Motions,3 and Defendants filed one

Reply.4 For the reasons that follow, both Motions5 shall be GRANTED and Dunn granted

leave to amend his Complaint once more.

1 Rec. Doc. No. 31.

2 Rec. Doc. No. 33.

3 Rec. Doc. No. 35; Rec. Doc. No. 36.

4 Rec. Doc. No. 37.

5

I. FACTUAL BACKGROUND6

This case arises out of injuries that Plaintiff Travis Shawn Dunn sustained while

incarcerated at Elayn Hunt Correctional Center in St. Gabriel, Louisiana. Dunn alleges

that on May 17, 2019, he had a verbal disagreement with Defendant Sergeant Johnson

who, during the argument, allegedly threatened Plaintiff with physical harm. The following

day, Defendant Cadet Cain allegedly released several inmates from their cells, which

inmates then opened Plaintiff’s unlocked cell door and began attacking him, beating him

and stabbing him in the face, throat, and side. During the attack, Plaintiff screamed for

help and called out to Defendants Sergeant Johnson, Sergeant Joubert, and Cadet Cain,

who Plaintiff could see on the other side of the closed tier door. Following the attack,

Plaintiff continued calling for help and requested medical attention. However, help

allegedly was not provided, with “Sergeant Johnson and/or Cadet Cain” ordering Plaintiff

to return to his cell. Plaintiff alleges that, while in his cell, he lost consciousness. The Pill

Nurse making rounds later that day found Plaintiff and called for emergency medical

services. Dunn subsequently was treated in the Intensive Care Unit of a nearby hospital.

Dunn originally filed suit against Defendants in the 18th Judicial District Court.7

Defendants filed a Notice of Removal to this Court, asserting federal question jurisdiction

pursuant to 28 U.S.C. § 1331.8 This Court denied a subsequent Motion to Remand filed

by Dunn.9 Defendants contend in the instant Motions, among other arguments, that “the

Amended Complaint is void of sufficient allegations of a factual nature to state a claim

6 The following factual background is derived from the Complaint and previously appeared in the Report

and Recommendation of Magistrate Judge Scott D. Johnson (Rec. Doc. No. 38).

7 Rec. Doc. No. 1-4.

8 Rec. Doc. No. 1.

9

upon which relief can be granted as to certain causes of action asserted.”10 After

reviewing the Amended Complaint, the parties’ briefs, and the applicable law, the Court

agrees with Defendants, for reasons explained more fully below. Because Dunn has not

yet had an opportunity to make substantive amendments to his Complaint, the Court also

finds that he shall be granted leave to amend.

II. LAW AND ANALYSIS

A. Motions to Dismiss

When deciding a Rule 12(b)(6) motion to dismiss, “[t]he ‘court accepts all well-

pleaded facts as true, viewing them in the light most favorable to the plaintiff.’”11 The Court

may consider “the complaint, its proper attachments, documents incorporated into the

complaint by reference, and matters of which a court may take judicial notice.”12 “To

survive a Rule 12(b)(6) motion to dismiss, the plaintiff must plead ‘enough facts to state

a claim to relief that is plausible on its face.’”13

In Twombly, the United States Supreme Court set forth the basic criteria necessary

for a complaint to survive a Rule 12(b)(6) motion to dismiss. “While a complaint attacked

by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations, a

plaintiff’s obligation to provide the grounds of his entitlement to relief requires more than

labels and conclusions, and a formulaic recitation of the elements of a cause of action will

not do.”14 A complaint is also insufficient if it merely “tenders ‘naked assertion[s]’ devoid

10 Rec. Doc. No. 31-1, p. 6.

11 In re Katrina Canal Breaches Litigation, 495 F.3d 191, 205 (5th Cir. 2007)(quoting Martin v. Eby Constr.

Co. v. Dall. Area Rapid Transit, 369 F.3d 464, 467 (5th Cir. 2004)).

12 Randall D. Wolcott, M.D., P.A. v. Sebelius, 635 F.3d 757, 763 (5th Cir. 2011).

13 In re Katrina Canal Breaches Litigation, 495 F.3d at 205 (quoting Bell Atl. Corp. v. Twombly, 550 U.S.

544 (2007)).

14 Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)(internal citations and brackets

of ‘further factual enhancement.’”15 However, “[a] claim has facial plausibility when the

plaintiff pleads the factual content that allows the court to draw the reasonable inference

that the defendant is liable for the misconduct alleged.”16 In order to satisfy the plausibility

standard, the plaintiff must show “more than a sheer possibility that the defendant has

acted unlawfully.”17 “Furthermore, while the court must accept well-pleaded facts as true,

it will not ‘strain to find inferences favorable to the plaintiff.’”18 On a motion to dismiss,

courts “are not bound to accept as true a legal conclusion couched as a factual

allegation.”19

B. Conspiracy Claims Under § 1983

“Federal courts view conspiracy claims under Section 1983 differently than similar

claims under section 1985.”20 To state a Section 1983 conspiracy claim, a plaintiff must

allege: (1) an agreement between a defendant and others, involving at least one person

acting under color of state law to commit an illegal act; and (2) an actual deprivation of

the plaintiff's constitutional rights in furtherance of that agreement.21 A plaintiff who

asserts a conspiracy claim under a civil rights statute must plead the operative facts upon

which their claim is based.22

Plaintiff’s Section 1983 conspiracy claim has a fatal flaw: the absence of any

specific allegations of an agreement among the Defendants. The Complaint states in

15 Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)(internal citations omitted)(hereinafter “Iqbal”).

16 Id.

17 Id.

18 Taha v. William Marsh Rice Univ., 2012 WL 1576099 at *2 (S.D. Tex. 2012) (quoting Southland Sec.

Corp. v. Inspire Ins. Solutions, Inc., 365 F.3d 353, 361 (5th Cir. 2004).

19 Twombly, 550 U.S. at 555 (quoting Papasan v. Allain, 478 U.S. 265, 286, 106 S.Ct. 2932, 92 L.Ed.2d

209 (1986)).

20 Ryland v. Shapiro, 708 F.2d 967, 974 (5th Cir. 1983).

21 See Krueger v. Reimer, 66 F.3d 75, 77 (5th Cir. 1995); see also Whisenant v. City of Haltom City, 106

Fed. Appx. 915, 917, 2004 WL 1778247 at *1 (5th Cir. 2004).

22

conclusory fashion that “As a result of Sergeant Damesha Johnson, Sergeant Samantha

Joubert, and/or Cadet Cain’s conspiracy to commit illegal acts against Travis Shawn

Dunn, they are all liable. . .”23 Dunn also alleges, vaguely, that “[t]he Defendants acted in

combination and in concert to commit unlawful and unconstitutional acts against

Plaintiff.”24 However, Dunn’s factual allegations regarding the events of May 18, 2019 do

not establish any interaction whatsoever among Defendants. Plaintiff alleges, without

tying the events together, that Dunn had a verbal altercation with Sergeant Johnson, that

Cadet Cain opened certain cells, and that Sergeant Johnson and Cain were “on the other

side of the Tier door” along with Sergeant Joubert.25 The Court agrees with Sergeant

Johnson that “the operative facts pled tend to show that . . .each defendant engaged

separate and distinct unlawful conduct,”26 not that there was, as required by the doctrine,

an agreement to violate Dunn’s rights. The Court finds that Dunn’s Complaint sets forth

only the possibility of a conspiracy, without specific factual allegations of an agreement

to render such a claim plausible.

This finding comports with the analysis of other courts who have considered the

sufficiency of Section 1983 conspiracy pleading. In Montgomery v. Walton, the United

States Court of Appeals for the Fifth Circuit held that the plaintiff had failed to state a

Section 1983 conspiracy claim where his allegations took the following form:

At points in this complaint, Montgomery alleges that the defendants ‘act[ed]

in concert,’ ‘agree[d]’ to plant contraband, and ‘elicited aid’ from each other

for the purpose of violating his civil rights. Most importantly, although he

alleges there was an agreement—an agreement to kill or imprison him—

these allegations are largely conclusory without any identification of time,

date, or circumstance.27

23 Rec. Doc. No. 28, p. 14-15.

24 Id. at p. 14.

25 Id. at p. 6-7.

26 Rec. Doc. No. 37, p. 5.

27

Arguably, Montgomery’s allegations came closer to alleging conspiracy than the

allegations in Dunn’s Complaint, since Montgomery at least clearly stated that there was

an agreement among the parties. Dunn also does not make any allegations regarding an

“identification of time, date, or circumstance”28 of the alleged agreement in this case, as

the Fifth Circuit suggests is necessary to make out a claim. Nor does Dunn plead any

“alleged common motive”29 among the Defendants, another factor that the Fifth Circuit

identified as contributing to the plausibility of a Section 1983 conspiracy claim.30

Similarly, another section of this Court held, in a factually analogous case, that

Section 1983 claims that are “at best, speculative and conclusory”31 cannot survive a

motion to dismiss. In Mitchell v. Thomas, Judge John W. DeGravelles found that the

plaintiff had failed to allege that “the Defendants reached an agreement or understanding

to cause [him] harm”32 where he alleged that a corrections officer signaled for another

officer to open the plaintiff’s cell, at which point the officers allowed an unshackled inmate

to attack the plaintiff. Based on those allegations, the plaintiff argued that “it was obvious

that [the officers] had conspired. . .”33 The court disagreed, finding the allegations

conclusory and speculative. The same can be said here. Dunn cannot merely allege that

“[t]he Defendants acted in combination and in concert” – he must plead facts in support

of that conclusion. He does not. Accordingly, Dunn’s Section 1983 conspiracy claim shall

be dismissed without prejudice. The Court does not reach the issue of whether or not that

claim would be barred by the intracorporate conspiracy doctrine. In any event, the

28 Id.

29 Id. at 315.

30 See also Jackson v. City of Hearne, Tex., 959 F.3d 194, 206 (5th Cir. 2020).

31 Mitchell v. Thomas, No. CV 17-00090-JWD-EWD, 2018 WL 4572667, at *5 (M.D. La. Sept. 24, 2018).

32 Id.

33

allegations are too thin to permit a thorough analysis of whether any of the exceptions to

that doctrine may apply.

1. Claims Against Elayn Hunt Correctional Center (“EHCC”)

Defendants seek the dismissal of all federal and state law claims against Elayn

Hunt Correctional Center, arguing that EHCC is not a legal entity capable of being sued

under 42 U.S.C. § 1983 or state law. Indeed, it is well settled that in Louisiana, correctional

centers do not have the juridical status to be sued.34 Dunn agrees and does not oppose

the dismissal of EHCC.35 Accordingly, Defendants’ Motion shall be granted on this point.

2. Official Capacity Section 1983 Claims Against the State of Louisiana

through DPSC, Warden Hooper, Warden Barrere, Assistant Warden

Guerain, Colonel Hinyard, and Major Johnson

In their Motion to Dismiss, Defendants raise several arguments for the dismissal

of the Section 1983 claims against the above-listed parties, including qualified immunity

and the fact that official capacity Section 1983 claims for money damages against state

officials cannot be sustained as a matter of law.36 In his Opposition, Dunn offers no

opposition to the dismissal of these claims. In fact, he avers that Barrere, Guerain,

Hinyard, and Johnson “are not the subject of Plaintiff’s § 1983 claims”37 at all, and concurs

that “Defendants’ Motion should be granted”38 as to the State of Louisiana through DPSC,

Warden Hooper, Warden Barrere, Assistant Warden Guerain, Colonel Hinyard, and Major

Johnson. Accordingly, the Section 1983 claims against these parties shall be dismissed

with prejudice.

34 See, e.g., Cartwright v. Goodwin, 2018 WL 21249115 at *3 (W.D. La. Mar. 28, 2018).

35 Rec. Doc. No. 35, p. 6.

36 See, e.g., Hicks v. Dept. of Pub. Safety and Corr., 2020 WL 428116 at *6 (M.D. La. 2020).

37 Rec. Doc. No. 35, p. 11.

38

3. State Law Negligence Claims

In his Amended Complaint, Dunn brings a negligence claim against the State

through DPSC and Warden Tim Hooper, setting forth the following list of allegations in

support of his claim:

l. Failure to properly hire, supervise, train and/or retain employees;

2. Failure to properly perform job duties;

3. Creating an unreasonably unsafe condition;

4. Failure to warn of unreasonably unsafe conditions;

Failure to adequately supervise;

6. Failure to institute and/or enforce reasonably adequate policies;

7. Failure to develop and/or maintain and enforce a custom, practice, or policy for the

reasonable protection of inmates;

8. Failure to reasonably care for TRAVIS SHAWN DUNN;

9. Failure to provide reasonably adequate medical care and/or safe living conditions in

violation of the Eighth and Fourteenth Amendments to the United States Constitution;

10. + Negligent hiring, training, and/or retention of personnel;

11. Ignoring patterns of abuse;

12. Other acts of negligence and/or fault which may be shown through discovery at trial;

13. Generally, the failure to act with the required degree of care commensurate with the

existing situation.

Defendants argue that these claims should be dismissed because they are “alleged in a

conclusory manner.”°? The Court agrees. A list of alleged failures, without any factual

39 Rec. Doc. No. 31-1, p. 12.

68633

support, does not suffice to move these claims into the realm of plausibility, beyond mere

possibility. Although at this stage the Court is bound to construe the pleaded facts in the

light most favorable to Plaintiff, Plaintiff has not, at least with respect to his negligence

claim against DPSC and Hooper, provided any facts for the Court to construe. Therefore,

his state law negligence claim against Hooper and DPSC shall be dismissed without

prejudice.

As Defendants correctly point out, the Amended Complaint “does not specifically

identify a negligence claim”40 against Defendants Barrere, Guerain, Hinyard, or Johnson.

Nevertheless, Plaintiff insists that Defendants’ Motion should be denied on this point and

the negligence claim against these parties allowed to remain in the action.41 Based on

the Court’s review of the Amended Complaint, Dunn has not pled adequate facts to

support this claim. The only allegations with respect to Barrere, Guerain, and Donald

Johnson appear at the beginning of the Complaint where Dunn sets forth the various

parties; the allegation that they were employed at Elayn Hunt at the time of the incident

in question surely does not suffice to establish a plausibility of liability. As for Hinyard,

Dunn offers only the conclusory allegation that he, along with another individual, “oversaw

the investigation into the attack.”42 In his Opposition to the Motion to Dismiss, Dunn

argues generally about the duty owed by prison personnel to provide “adequate

supervision.”43 The Court does not disagree that such a duty exists, but it remains the

case that more is required of the Plaintiff to survive a motion to dismiss. Namely, Plaintiff

must plead factual content that demonstrates “more than a sheer possibility that the

40 Rec. Doc. No. 31-1, p. 12.

41 Rec. Doc. No. 35, p. 18.

42 Rec. Doc. No. 24-2, p. 11.

43

defendant has acted unlawfully.”44 Because he has failed to do so, the negligence claim

against Defendants Barrere, Guerain, Hinyard, and Donald Johnson shall be dismissed

without prejudice.

C. Leave to Amend

Dunn has already amended his Complaint once, but the amendment was not

substantive; the only change was to add Sergeant Damesha Johnson as a named party.45

The Federal Rules of Civil Procedure provide that leave to amend should be “freely given

when justice so requires,”46 so the Court will allow Plaintiff to amend his complaint again,

only as to the Section 1983 conspiracy claim. The Fifth Circuit has held that “unless there

is a substantial reason, such as undue delay, bad faith, dilatory motive, or undue prejudice

to the opposing party, the discretion of the district court is not broad enough to permit

denial.”47 Defendants do not argue that any of these reasons are present in this case, and

the Court does not find them.

III. CONCLUSION

For the above reasons, Defendants’ Re-Urged 12(b)(6) Partial Motion to Dismiss48

and Damesha Johnson’s 12(b)(6) Partial Motion to Dismiss49 are hereby GRANTED.

Dunn’s Section 1983 conspiracy claim is dismissed without prejudice, as are his state law

negligence claims against Defendants DPSC, Hooper, Barrere, Guerain, Hinyard, and

Donald Johnson. Dunn’s claims against Elayn Hunt Correctional Center and his official

44 Id.

45 Plaintiff sought leave to amend specifically to add Sgt. Johnson and noted in his Motion for Leave that

“all material factual allegations and legal theories of liability remain consistent with those previously plead”

in the original complaint. (Rec. Doc. No. 24, p. 2).

46 Fed. R. Civ. P. 15(a).

47 Martin's Herend Imports, Inc. v. Diamond & Gem Trading United States of Am. Co., 195 F.3d 765, 770

(5th Cir. 1999).

48 Rec. Doc. No. 31.

49

capacity Section 1983 claims against all Defendants are hereby dismissed with prejudice.

Plaintiff’s individual capacity Section 1983 claims against Defendants Guerain, Barrere,

Hinyard, and Johnson are also dismissed with prejudice. Plaintiff shall file an Amended

Complaint, if any, within 30 days of this Ruling.

IT IS SO ORDERED.

Signed in Baton Rouge, Louisiana on July 28, 2021.

S

CHIEF JUDGE SHELLY D. DICK

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.