Weaver v. Louisiana Bureau of Investigation

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF LOUISIANA

SHREVEPORT DIVISION

LANDON WEAVER CIVIL ACTION NO. 22-44

VERSUS JUDGE ELIZABETH E. FOOTE

LOUISIANA BUREAU OF INVESTIGATION, ET MAGISTRATE JUDGE HORNSBY

AL.

MEMORANDUM RULING

In this § 1983 lawsuit, four Defendants—the Louisiana Bureau of Investigation

(“LBI”), the Bossier Parish Sherriff’s Office (“BSO”), Special Agent Grady Kight (“Kight”),

and Detective Erin Tindall (“Tindall”)—move to dismiss1 Plaintiff Landon Weaver’s

(“Weaver”) complaint. For the reasons outlined below, LBI’s motion is GRANTED. BSO’s,

Kight’s, and Tindall’s motions are DENIED without prejudice to the right to refile.

The Court will allow Weaver to amend his complaint and reassert his claims against BSO,

Kight, and Tindall.

BACKGROUND

Special Agent Kight, Detective Tindall, and two other unnamed officers executed a

no-knock warrant at Weaver’s home in Bossier City, Louisiana.2 After entering his house

with a battering ram, Weaver says the officers brandished pistols and began securing the

premises.3 Weaver was not a suspect in this operation, as the officers sought another

individual at Weaver’s residence believed to possess child pornography. Even still, once

1 Record Documents 19, 24 & 27.

2 Record Document 1 at 4.

3

Weaver was in view, the officers restrained him by “push[ing]” his face to the floor,

pressing their knees into his back and ribs, and cuffing his arms behind his back.4

Weaver claims this force aggravated several preexisting conditions, causing him

“grave bodily” and psychological “harm.”5 Prior to the raid, Weaver says he was in the

process of healing from a nose surgery he underwent the day before.6 He also states that

he suffers from right shoulder pain and an anxiety disorder from his time in the military.7

According to the complaint, Weaver “believed” that the officers involved in the search

knew of these medical problems but did nothing to curb or limit their use of force.8

Citing the officers’ conduct, Weaver brings this lawsuit under 42 U.S.C § 1983

against Kight, Tindall, LBI, and BSO. Among his federal claims, Weaver alleges that Kight

and Tindall violated his Fourth Amendment rights by using excessive force. He also asserts

that BSO and LBI are liable for failing to train their employees and maintaining unlawful

policies that encourage unconstitutional behavior. As for his state-law claims, Weaver

seeks to recover against Kight and Tindall for battery, assault, and negligence; he pursues

direct negligence claims against BSO and LBI for their failure to train and supervise their

employees.

Each defendant, in response, moved to dismiss Weaver’s lawsuit, but Weaver never

filed an opposition. Though Weaver made no effort to defend his complaint, the Court will

not grant Defendants’ motions on that basis alone. The Fifth Circuit approaches “the

4 at 6−7.

5 at 4−5.

6 at 3–4.

7 at 4−5.

8 at 7.

automatic grant of a dispositive motion . . . based solely on a litigant’s failure to comply

with a local rule, with considerable aversion.” , 457 F. App’x 448, 452 (5th

Cir. 2012). For this reason, the Court will consider the merits of Defendants’ unopposed

motions below.

ANALYSIS

I. Lack of Subject-Matter Jurisdiction

The first motion, filed by LBI, challenges this Court’s subject-matter jurisdiction

under Federal Rule of Civil Procedure 12(b)(1). A case is properly dismissed under this

Rule “when the court lacks the statutory or constitutional power to adjudicate the case.”

, 143 F.3d 1006, 1010 (5th Cir. 1998)

(quoting , 81 F.3d 1182, 1187 (2d Cir. 1996)).

The question raised in this motion is whether the Court can exercise jurisdiction over LBI.

The answer is no. “States’ immunity from suit is a fundamental aspect of the

sovereignty which the States enjoyed before the ratification of the Constitution.”

, 527 U.S. 706, 713 (1999). This principle is made explicit in the Eleventh

Amendment, which bars suits brought by a citizen against a state unless that state

consents to the suit or Congress says otherwise. U.S. Const. amend. XI;

, 294 F.3d 684, 688 (5th Cir. 2002). Here, Louisiana has

not given its consent to be sued in federal courts. It has, on the contrary, refused to waive

its Eleventh Amendment immunity by statute. La. Rev. Stat. § 13:5106(A) (“No suit

against the state or a state agency or political subdivision shall be instituted in any court

other than a Louisiana state court.”).

This protection from suit, or “sovereign immunity,” also extends to lawsuits against

Louisiana’s “agenc[ies] or other political entit[ies] . . . deemed the ‘alter ego’ or an ‘arm’

of the State.” , 294 F.3d at 688–89 (citing , 519

U.S. 425, 429 (1997)). In this case, Weaver himself acknowledges that LBI is a division of

the Louisiana Department of Justice (“LADOJ”), a state agency immune from suit in federal

court. , 485 F. App’x 685, 687 (5th Cir. 2012) (“[T]he Louisiana

Department of Justice, a state agency, was not a ‘person’ for purposes of § 1983 . . . it

was an arm of the state entitled to Eleventh Amendment sovereign immunity.”)

, 491 U.S. 58, 71 (1989) (holding that state agencies are

protected from § 1983 lawsuits by the Eleventh Amendment). That means LBI is likewise

entitled to sovereign immunity. LBI’s motion is therefore GRANTED, and Weaver’s claims

against LBI are dismissed without prejudice for lack of subject-matter jurisdiction.

II. Failure to State a Claim

The Court now turns to the motions filed by the remaining Defendants—Kight,

Tindall, and BSO—who assert that Weaver’s complaint fails to state a claim under Federal

Rule of Civil Procedure 12(b)(6). To survive a motion to dismiss brought under Rule

12(b)(6), a plaintiff must “state a claim to relief that is plausible on its face.”

, 556 U.S. 662, 678 (2009) (quoting , 550 U.S. 544,

570 (2007)). Federal Rule of Civil Procedure 8(a)(2) requires only ‘a short and plain

statement of the claim showing that the pleader is entitled to relief,’ in order to ‘give the

defendant fair notice of what the . . . claim is and the grounds upon which it rests.’”

, 550 U.S. at 555 (internal citations omitted).

“A claim has facial plausibility when the plaintiff pleads factual content that allows

the court to draw the reasonable inference that the defendant is liable for the misconduct

alleged.” , 556 U.S. at 678. “Threadbare recitals of the elements of a cause of action,

supported by mere conclusory statements, do not suffice.” (quoting , 550 U.S.

at 555). A court must accept as true all of the factual allegations in the complaint in

determining whether a plaintiff has stated a plausible claim. , 550 U.S.

at 555; , 495 F.3d 191, 205 (5th Cir. 2007). However,

a court is “not bound to accept as true a legal conclusion couched as a factual allegation.”

, 478 U.S. 265, 286 (1986).

If a complaint cannot meet this standard, it may be dismissed for failure to state a

claim upon which relief can be granted. , 556 U.S. at 678−79. A court may dismiss

an otherwise well-pleaded claim if it is premised upon an invalid legal theory.

, 490 U.S. 319, 327 (1989). If a complaint cannot meet this standard, it may be

dismissed for failure to state a claim upon which relief can be granted. , 556 U.S.

at 678−79. A court does not evaluate a plaintiff’s likelihood for success but instead

determines whether a plaintiff has pleaded a legally cognizable claim.

, 355 F.3d 370, 376 (5th Cir. 2004).

a. Excessive Force

Weaver’s complaint first challenges Kight’s and Tindall’s allegedly unconstitutional

conduct under 42 U.S.C. § 1983. That statute provides a cause of action against anyone

acting under the color of state law who “subjects” a person or “causes [a person] to be

subjected . . . to the deprivation of any rights, privileges, or immunities secured by the

Constitution and laws.” 42 U.S.C. § 1983. Since Congress adopted § 1983, it has become

the primary civil remedy for enforcing federal constitutional and statutory rights. Ronald

D. Rotunda & John E. Nowak,

§ 19:13 (May 2021).

In some circumstances, however, state actors are immune from § 1983 lawsuits

and other legal challenges under the doctrine of qualified immunity. Qualified immunity

shields government officials from liability for claims against them in their individual

capacities “insofar as their conduct does not violate clearly established statutory or

constitutional rights of which a reasonable person would have known.”

, 457 U.S. 800, 818 (1982). Though the officers here raise qualified immunity in

their motion to dismiss, addressing that defense at the outset may prove premature. As a

threshold matter, courts must first “determine whether the plaintiff has ‘filed a short and

plain statement of his complaint, a statement that rests on more than conclusions alone.’”

, 879 F.3d 613, 618 (5th Cir. 2018) (quoting

, 845 F.3d 580, 589–90 (5th Cir. 2016)). “Only after the regular pleading

requirement is satisfied” should courts proceed with the qualified immunity analysis.

With that in mind, the Court will first consider whether Weaver’s complaint states

a plausible claim for relief.9 The basis for this lawsuit is an alleged Fourth Amendment

violation. The Fourth Amendment safeguards “the right of the people to be secure in their

persons” and prohibits unreasonable searches and seizures. , 141 S. Ct.

9 As noted below, even with Weaver’s specific reference to Kight and Tindall, he never

distinguishes their conduct from one another or the other two officers at his home on the

day of the search.

989, 993 (2021) (quoting U.S. Const. amend. IV). Though this case involves an

unannounced search, Weaver does not allege that the officers lacked the right to raid his

home; Weaver asserts that Kight and Tindall applied excessive force as they restrained

him, making their conduct an unreasonable seizure under the Fourth Amendment. To

succeed on an excessive force claim, a plaintiff must show “(1) an injury (2) which resulted

directly and only from a use of force that was clearly excessive, and (3) the excessiveness

of which was clearly unreasonable.” , 564 F.3d 379, 382

(5th Cir. 2009) (quoting , 483 F.3d 404, 416 (5th Cir. 2007)).

First, there must be an injury. Although it need not be significant or severe, it must

be more than . , 483 F.3d at 416. But “as long as a plaintiff has suffered

‘some injury,’ even relatively insignificant [] and purely psychological injuries will prove

cognizable when resulting from an officer’s unreasonably excessive force.” ,

524 F. App’x 69, 79 (5th Cir. 2013). In addressing this first element, Weaver says the

officers’ conduct aggravated three of his preexisting medical conditions. The first of these

ailments involved unhealed wounds from a nose surgery Weaver had the day before the

raid. Because the officers forced his “surgically repaired nose and face down onto the

floor,” Weaver suggests they injured his nose further, requiring additional surgical repair.10

The second of Weaver’s preexisting conditions was a shoulder injury that limited the

mobility of his right arm. As the officers restrained Weaver’s hands behind his back,

Weaver says they aggravated his ailing shoulder, causing severe pain and decreased

mobility. The third condition was psychological. Weaver says he is a military veteran with

10 Record Document 1 at 5.

post-traumatic stress disorder (“PTSD”); he contends the officers’ aggressive actions

worsened his PTSD symptoms, which materialized in recurring nightmares and severe

anxiety. Altogether, Weaver asserts that the officers’ conduct caused “great bodily” and

psychological “harm.”11 Accepted as true, these pleadings meet the “some injury”

threshold and satisfy the first element of an excessive force claim.

Next, Weaver must explain how the injuries arose “directly and only from a use of

force that was clearly excessive.” , 564 F.3d at 382 (quoting , 483 F.3d

at 416). On its face, the “directly and only from” language may seem to limit Weaver. His

complaint, after all, concedes that his two physical conditions and PTSD predated the

officers’ raid. Yet in § 1983 cases, the “eggshell-skull rule” applies, and state actors who

unlawfully use excessive force take their victims as they find them.

, 880 F.3d 722, 728 (5th Cir. 2018). In that way, the aggravation of preexisting

injuries may serve as valid bases for an excessive force claim. ,

875 F.3d 229, 242 (5th Cir. 2017) (“Our law is clear that the second [excessive force]

prong does not ‘preclude recovery for aggravation of preexisting injury caused by the use

of excessive force.’”) (quoting , 79 F.3d 401, 403 (5th Cir. 1996) (en banc)).

At the same time, reasonable force is not made excessive “when [that] force aggravates

(however severely) a pre-existing condition the extent of which would have been unknown

to a reasonable officer at the time.” (quoting , 280 F.3d 1341, 1353

(11th Cir. 2002)).

11

For that reason, plaintiffs with an aggravated preexisting injury must still show that

the force that exacerbated their condition was clearly “excessive” and “unreasonable.”

; , 79 F.3d at 403. To determine whether a plaintiff meets that standard, courts

engage in an objective analysis that considers the specific circumstances of each case.

, 524 F. App’x at 79 (“Whether the amount of force used is clearly ‘excessive’ and

‘unreasonable’ depends on ‘the facts and circumstances of each particular case.’”) (quoting

, 567 F.3d 156, 167 (5th Cir. 2009)). This inquiry involves examining

an officer’s actions “from the perspective of a reasonable officer on the scene, rather than

with the 20/20 vision of hindsight.” at 80 (quoting , 490 U.S. 386,

396 (1989)).

On that basis, Weaver must plausibly allege that the officers applied clearly

excessive and unreasonable force given the context of this specific search operation.

Unfortunately, Weaver falls short of stating such a claim. This is mainly because his

complaint requires more facts to justify any inferences of wrongdoing. To start, the

complaint provides no explanation about what Weaver was doing when the warrant was

executed, no description of the search’s duration or how long the officers restrained

Weaver, and no facts regarding communications, if any, between Weaver and the officers.

Similarly, Weaver’s allegations regarding the officers’ conduct are vague. In each account

of physical contact, Weaver does not distinguish between the acts of Kight, Tindall, and

the two unnamed officers allegedly involved in the raid. Be it intentional or inadvertent,

his pleadings leave several important questions unanswered. The complaint does not

explain who initially restrained Weaver and whether the four officers acted in concert or

individually by “intentionally forcing” Weaver onto the ground, pressing their knees into

his back, and cuffing his hands. For that reason, it is unknown whether Kight and Tindall

were physically involved in these restraining measures, giving orders to the other officers,

or standing idly by. Without further clarity, neither Kight nor Tindall can know the full

scope of the allegations against them. That ambiguity also prevents this Court from

independently analyzing Kight’s and Tindall’s conduct. , 483 F.3d

417, 422 (5th Cir. 2007) (instructing courts to consider each defendant’s culpability

individually to determine if they deprived the plaintiff of a constitutional right).12 In sum,

the complaint’s narrative has several gaps due to missing context, and the Court cannot

fill the holes with guesswork.

His vague pleadings aside, Weaver’s complaint also offers several unadorned

accusations. For instance, Weaver claims the officers “were informed” of his nose,

shoulder, and PTSD issues but supports this allegation with nothing more than a “belief.”13

Of course, an officer’s knowledge of the victim’s preexisting conditions is relevant when

analyzing excessive force. If a victim informs an officer of his or her condition and that

officer continues causing needless pain, such conduct could be considered an

unconstitutional seizure. , 69 F. App’x 659 (5th Cir. 2003) (“[O]nce [the

12 Still, the Court the acts of Kight and Tindall separately. As the Fifth Circuit

advised in , “[s]eparate consideration does not require courts to conduct a

separate analysis for each officer in those cases where their actions are materially

indistinguishable, it merely requires them to each officer’s actions.” 483 F.3d

at 422 n.3.

13 Weaver specifically alleges: “To the Plaintiff’s belief, Agent Kight, Detective Tindall, and

other law enforcement officers whose names are unknown had been informed of his

injuries and recent surgery.” Record Document 1 at 7.

victim] alerted [the officer] to his shoulder condition, the continued exertion of force in

securing the restraint rose to the level of malice.”). But Weaver does not allege that here.

Indeed, Weaver’s complaint does not explain how the officers were informed, when they

were informed, who informed them, why they should have been informed, or any other

basis supporting Weaver’s allegation of the officer’s state of mind. Though Weaver need

not provide “detailed factual allegations,” he must offer more than “unadorned”

accusations. And in this case, Weaver’s lack of factual context cannot justify an inference

that the officers knew of his preexisting medical conditions. , 556 U.S. at 686.14

Absent facts supporting such knowledge, Weaver fails to explain how any force

used during the raid was excessive. Even if the complaint could be construed as alleging

that Kight and Tindall personally used force against Weaver, the complaint’s account of

the events does not show how such force rose above routine restraint. When executing

valid warrants, officers may secure the premises of their search and “detain the occupants

. . . while a proper search is conducted.” , 550 U.S. 609, 613

(2007) (per curium) (quoting , 452 U.S. 692, 705 (1981)). The

14 The Supreme Court was presented with a similar scenario in when it considered a

plaintiff’s allegation that defendants knew of and agreed to unconstitutional policies. 556

U.S. at 680. Justice Kennedy wrote for a majority and concluded that the plaintiff had not

“nudged his claims of invidious discrimination across the line from conceivable to

plausible.” (quoting , 550 U.S at 570) (cleaned up). This was because the

plaintiff offered “naked assertions devoid of further factual enhancement.” at 678

(cleaned up). So too here. Like the plaintiff in , Weaver may not “plead the bare

elements of his cause of action, affix the label ‘general allegation,’ and expect his complaint

to survive a motion to dismiss.” at 687 (discussing Rule 9(b) state of mind pleading

standards).

Supreme Court views an officer’s right to do so15 as an “incremental intrusion on [the

detainee’s] personal liberty.” at 613–14 (quoting , 452 U.S. at 703). Such an

intrusion is balanced against other considerations and interests, like “preventing flight in

the event that incriminating evidence is found,” “minimizing the risk of harm to the

officers,” and facilitating “the orderly completion of the search.” at 614 (quoting

, 452 U.S. at 702–03).

To be sure, officers make several objective considerations at the scene when

executing warrants for contraband: The occupants or suspects of the dwelling could arm

themselves with dangerous weapons, seek to escape, or attempt to destroy incriminating

evidence. In these high-stress situations, “[t]he risk of harm to both the police and the

occupants is minimized if the officers routinely exercise unquestioned command of the

situation.” at 615 (quoting , 452 U.S. at 702–03);

, 568 U.S. 186, 195 (2013) (acknowledging “the far-reaching authority the police

have when the detention is made at the scene of the search”).

That said, officers do not enjoy the unfettered authority to engage in whatever

conduct they please. For example, detention in this context may be unreasonable if an

officer uses “excessive force or restraints that cause unnecessary pain or are imposed for

a prolonged and unnecessary period of time.” , 550 U.S. at 614. Here, Weaver does

not claim that Kight, Tindall, or the other unnamed officers restrained him for a prolonged

15 Though Weaver was not a suspect in the search conducted at his home, “[a]n officer’s

authority to detain incident to a search is categorical; it does not depend on the ‘quantum

of proof justifying detention or the extent of the intrusion to be imposed by the seizure.’”

, 544 U.S. 93, 98 (2005) (quoting , 452 U.S. at 705 n.19).

period. And though Weaver alleges they inflicted pain, he does not state how the force

that caused such pain was unnecessary, unreasonable, or excessive. He only says that the

officers “intentionally forced” him “onto the floor,” “pressed their knees” into his body, and

“cuffed his hands behind his back.”16 Without further factual enhancement, these actions

do not appear unusual, let alone unlawful. , 106 F.

App’x 203, 208 (5th Cir. 2004) (finding that officers’ force was not excessive during a

search, despite officers “slam[ing]” plaintiffs to the ground, placing them in handcuffs,

and “put[ting]” a knee in their backs).

Above all, given an officer’s objective concerns during a search operation, Weaver

does not offer facts or context showing how Kight’s, Tindall’s, or the unnamed officers’

actions were “clearly unreasonable.” , 544 U.S. at 98−99 (“Inherent in ’

authorization to detain an occupant of the place to be searched is the authority to use

reasonable force to effectuate the detention.”). Though Weaver’s complaint concludes

otherwise, his accusation is the type of “naked assertion” that cannot survive dismissal.

Indeed, Weaver’s complaint is replete with similar conclusions that, in each instance, lack

the necessary facts that make them plausible. With nothing more than these threadbare

allegations, Weaver has failed to state a Fourth Amendment excessive force claim.

Nevertheless, the Court will allow Weaver to fill the factual voids by filing an amended

complaint.

16 Record Document 1 at 6−7.

b. Municipal Liability

Having determined no § 1983 liability on the part of Kight or Tindall, the Court next

turns to Weaver’s claims against BSO. As with individual actors, plaintiffs may sue local

government entities under § 1983. , 436 U.S. 658,

694 (1978). These actions are called “ claims,” in reference to the United States

Supreme Court case bearing the same name. Here, Weaver brings claims

against BSO, alleging that the Sherriff maintained policies that allowed BSO deputies to

violate Weaver’s constitutional rights. He also contends that BSO failed to train, discipline,

or supervise its officers.17

To impose liability under any theory, however, a plaintiff must plausibly

allege some deprivation of a constitutional right. In this case, Weaver cannot establish

liability because, among other reasons, he has not adequately pled that any officers

unlawfully seized him. , 475 U.S. 796, 799 (1986) (per

curiam) (holding that a municipality cannot be liable “[i]f a person has suffered no

constitutional injury at the hands of the individual police officer”). For this reason, Weaver

has not effectively alleged that BSO is liable under . But like his § 1983 claims

17 Importantly, BSO is not an entity capable of being sued. But the Court will treat this

claim as one against BSO Sheriff Julian Whittington in his official capacity.

, 174 F.3d 677, 680 (5th Cir. 1999) (“[F]or purposes of the Eleventh

Amendment we do not generally distinguish between suits brought against an entity and

suits brought against the entity’s officers in their official capacity.”);

, 473 U.S. 159, 166, (1985) (“[A]s long as the government entity receives notice

and an opportunity to respond, an official-capacity suit is, in all respects other than name,

to be treated as a suit against the entity.”). BSO does not raise this issue in its motion to

dismiss; it treats Weaver’s claims against BSO as claims against Sheriff Whittington in his

official capacity.

against Kight and Tindall, Weaver will have an opportunity to file an amended complaint

that states a plausible claim for relief.

III. State-Law Claims

Finally, Weaver brings state-law claims against Kight, Tindall, and BSO. He alleges

that Kight and Tindall are liable for battery, assault, and negligence for their alleged use

of excessive force. He also asserts that BSO, through the Sheriff, failed to train and

supervise his employees. Unfortunately, Weaver’s state-law claims suffer the same flaws

as those alleged under § 1983: Weaver does not distinguish between the acts of Kight,

Tindall, or the two unnamed officers involved in the raid, and it is unclear the extent of

physical contact either Kight or Tindall had with Weaver. Because of Weaver’s vague

pleadings, and the reasons articulated above, Weaver’s state law claims are also

inadequately pled. As with his federal claims, however, Weaver may again assert these

state causes of action against Kight, Tindall, or the BSO Sheriff in an amended complaint.

CONCLUSION

Because Weaver has not pled viable claims for relief, the Court need not address

Kight or Tindall’s qualified immunity defense at this time. For the above reasons, LBI’s

motion is GRANTED.18 Weaver’s claims against LBI are dismissed without prejudice

for lack of subject-matter jurisdiction. BSO’s, Kight’s, and Tindall’s motions are DENIED

without prejudice to the right to refile.19 Weaver is granted leave to amend his

remaining federal and state law claims and may file an amended complaint by August

18 Record Document 19.

19 Record Documents 24 & 27.

30, 2023. After the complaint is filed, Defendants may answer or refile a motion to dismiss

within the requisite legal delays. If Weaver fails to file an amended complaint by the above

deadline, this case will be dismissed and closed for his failure to prosecute.

THUS DONE AND SIGNED this-Stt-day of Augyst, 2023.

x □□□ □□□

ELIZAS ‘FOO?

HN RRO JUDGE

16