Opinion

Jones v. Gooden

Court
District Court, M.D. Louisiana
Filed
Mar 29, 2022
Cited by
0 cases
Authority
More cited than 22.5%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA

WILLIE JONES (#4573876) CIVIL ACTION

VERSUS

CHARLES GOODEN, ET AL. NO. 21-00372-BAJ-EWD

RULING AND ORDER

Before the Court is a Motion to Dismiss (Doc. 8) filed by Defendant Tim

Hooper. The Motion is opposed. (Doc. 11). The Magistrate Judge has issued a Report

and Recommendation (Doc. 21), urging that the Court dismiss Plaintiff's claims

for declaratory relief against Hooper for failure to allege sufficient facts in the

Complaint but to provide Plaintiff leave to amend the Complaint to provide additional

facts to support his claims for injunctive relief resulting from alleged Eighth

Amendment violations. Plaintiff filed objections to the Magistrate Judge’s Report

(Doc. 22), The Magistrate Judge recommends the following.

Among the defenses asserted by Hooper is the doctrine of qualified immunity.

Here, the Magistrate Judge recommends that the Court deny Defendant’s assertion

of the defense. (Doc. 21, p.4). Plaintiff seeks only injunctive and declaratory relief

against Defendant in his official capacity. (Docs. 1 & 11). The United States Court of

Appeals for the Fifth Circuit has held that qualified immunity does not shield officials

acting in their official capacities from injunctive and declaratory relief. See Leggett v.

Duke, 279 Fed. Appx. 301, 308 (5th Cir. 2008) “qualified immunity is not a defense

to claims for declaratory and injunctive relief”).

Second, the Magistrate Judge recommends that the Court grant Defendant's

motion to dismiss Plaintiffs claims for declaratory relief. (Doc. 21, p. 6). Plaintiff does

not distinguish his claims for declaratory relief from his claims for injunctive relief.

Moreover, Plaintiff seeks “[declaratory] relief only as a prerequisite for this

Honorable Court to fashion injunctive relief.” (Doc. 11, p. 3). A declaratory judgment

action is redundant where the affirmative claims and counterclaims before the Court

would resolve all questions that arise in the declaratory relief action. Centex Homes

v. Lexington Ins. Co., No. 18-719, 2014 WL 1225501, at *14 (N.D. Tex. March 24,

2014). Declaratory relief is not a prerequisite for mjunctive relief; therefore, the

Court has no reason to award Plaintiff declaratory relief. Accordingly, Plaintiff's

claims for declaratory relief are dismissed with prejudice,

Third, the Magistrate Judge recommends that the Court grant Defendant’s

motion to dismiss Plaintiffs claims for injunctive relief for implementing a policy that

is a repudiation of constitutional rights. (Doc. 21, p. 7). The Fifth Circuit has held

that a plaintiff must identify the specific policy at issue and explain how that policy

amounted to denial of constitutional rights such that it was the moving force behind

the alleged violation. Oliver v. Scott, 276 F.3d 736, 742 (5th Cir. 2002); Spiller v. City

of Texas City Police Department, 130 F.3d 162, 167 (5th Cir. 1997). However, when

there is a risk to inmate health or safety that is so longstanding and persistent that

prison officials must have been aware of the danger, a court may conclude that a

plaintiff may have properly stated a claim challenging a custom or unstated policy.

See Adames v. Perez, 331 F.3d 508, 511-512 (5th Cir. 2003).

Here, Plaintiff alleges that the excessive spraying of mace is a common practice

at Louisiana State Penitentiary and that numerous grievances and lawsuit have been

filed regarding the use of chemical agents. (Doc. 1, p. 10-11). The Magistrate Judge

determined, and the Court agrees, that Plaintiff s conclusory allegations are

insufficient to established that the risk to inmate health or safety was so longstanding

and pervasive that Defendant must have been aware of the danger. (Doc. 21, p. 8).

Finaily, the Magistrate Judge recommends that the Court grant Defendant’s

motion to dismiss Plaintiff's claims for injunctive relief for failure to train or

supervise. (Doc. 21, p. 9). The Fifth Circuit has instructed that to hold a defendant

supervisor liable on a theory of failure to train or supervise, the plaintiff must show

that (1) the supervisor either failed to supervise or train the subordinate official, (2)

a causal link exists between the failure to train or supervise and the violation of the

plaintiffs rights; and (8) the failure to train or supervise amounts to deliberate

indifference. Brauner v. Coody, 793 F.3d 4938, 501 (5th Cir. 2015). Conclusory

allegations of failure to train or supervise are insufficient to set out a constitutional

claim. Roberts v. City of Shreveport, 397 F.3d 287, 292 (Sth Cir. 20085).

The Magistrate Judge determined, and the Court agrees, that Plaintiffs claim

against Defendant for failure to train suffers from the same deficiencies as his policy

or custom claim. (Doc. 21, p. 9). As currently pleaded, the Complaint fails to allege

with specificity a pattern of similar violations such that the alleged inadequate

training was so obvious that a constitutional violation would almost always result.

Having carefully considered Plaintiffs Complaint and related filings, the Court

APPROVES the Magistrate Judge’s Report and Recommendation and ADOPTS it

as the Court’s opinion in this matter.

Accordingly,

IT IS ORDERED that Plaintiffs claim against Defendant Timothy Hooper for

declaratory relief be and is hereby DISMISSED WITH PREJUDICE.

IT IS FURTHER ORDERED that Plaintiffs claim against Defendant

Timothy Hooper for injunctive relief resulting from Eighth Amendment violations

arising from customs and practices at Louisiana State Penitentiary and/or for

Defendant’s failure to train and/or supervise officers be and are hereby DISMISSED

WITHOUT PREJUDICE to Plaintiffs right to file, within 21 days of this ruling, an

amended complaint that cures, if and where possible, the deficiencies identified

herein.

Baton Rouge, Louisiana, this 2s. of March, 2022

□□□

JUDGE BRIAN X. JACK SON

UNITED STATESDISTRICT 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.

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