Smith v. Department of Public Safety & Corrections Parole Board, State of Louisiana

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

JOHN ABDUL JAMAL SMITH CIVIL ACTION

VERSUS NO. 24-2282

DEPARTMENT OF PUBLIC SAFETY AND SECTION: AB@(5)

CORRECTIONS PAROLE BOARD, WARDEN OF

LAFOURCHE PARISH CORRECTIONAL COMPLEX

REPORT AND RECOMMENDATION

in forma pauperis pro se

This 42 U.S.C. § 1983 proceeding was filed by plaintiff, John

Abdul Jamal Smith, a prisoner currently housed at the Franklin Parish Detention Center. In

September 2024, he filed the instant lawsuit against defendants, the “Department of Public

Safety and Corrections (DPSC) Parole Board” and the Warden of Lafourche Parish

Correctional Complex. (Rec. doc. 1). In his complaint, Smith alleges that he was wrongly

removed from the parole docket for a scheduled parole hearing that was scheduled to take

place on April 23, 2024. He disputes the grounds for the notice of removal, a disciplinary

report from Lafourche Parish Correctional Complex on July 18, 2023, because he had no

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prior knowledge or notice of such action. (Rec. doc. 1-1, p. 1). Smith alleges that he should

not have been removed from the parole docket for a disciplinary action that he had no

knowledge of and which he now questions. After his parole hearing was canceled, he wrote

a letter to the Warden of Lafourche Parish Correctional Complex inquiring about the

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Smith’s attempts to appeal the decision removing him from the parole docket and to obtain a new

parole hearing were unsuccessful. Rec. doc. 1-1, pp. 9-10, 15. His disciplinary board appeal (DWCC-2024-073)

was rejected due to lack of information as per the disciplinary database. Rec. doc. 1-1 at 11, 16. The disciplinary

ruling also advised that the decision of the parole board is not appealable through the disciplinary process.

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disciplinary matter. He complains that the Warden did not respond to the letter. He

requests monetary compensation for defamation, cruel and unusual punishment, mental and

emotional distress, and pain and suffering, and seeks immediate release via emergency

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parole hearing. (Rec. doc. 1, Coimn pfloarimnta a tp papu.p 4e-r6is).

A proceeding brought may be dismissed as frivolouBso ouknedre vr.

§K1o9o1n5ce(e)(2)(B)(i) if the claim alleged therein has no arguable basis in law or fact,

, 2 F.3d 114 (5th Cir. 1993), or if siete f aaillsso to state a claim upon which relief can be

granted. 28 U.S.C. §1915(e)(2)(B)(ii); 28 U.S.C. §1915A, 42 U.S.C. §1997e(c).

Liberally construing the complaint, it is the recommendation of the undersigned Magistrate

Judge that this matter be dismissed with prejudice as frivolous and for failing to state a claim

upon which relief can be granted.

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First, the defendant “DPSC Parole Board,” (Committee on Parole) is not considered

a “person” within the meaning of 42 U.S.C. §1983. The Committee on Parole is a sub-unit of

the Louisiana Department of Public Safety and Corrections, which is an independent

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Rec. Doc. 1-1, p. 8. In his letter, dated May 11, 2024, he acknowledges he was told that he was under

investigation at Lafourche Parish Correctional Complex, but then he was shipped back to Catahoula Parish and

received no other information about it.

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Smith seeks “to be released immediately on emergency parole hearing.” He alleges that he “would

have been granted parole hbaebceaauss ec ohrips ucshances were very high due to being in the step program with completed

rehabilitation classes and certifications.” (Rec. doSec.e 1 W aitl kpi.n 6so).n Tvh. De oCtosounrt notes that his claims maseye b ael sbor oLuagy hvt.

uMnydeersr § 1983 rather than because success on the claims raised would result only in a new parole

hearing, not an immediate release from prison. , 544 U.S. 74, 82 (2005);

, Civ. Action No. 22-2157, 2022 WL 17476961, at *4 (E.D. La. 12/6/22). See

4 see also Gonzales v. State

The Committee on Parole replaced the Board of Parole, which was abolished. La. Rev. Stat. Ann.

§ 15:574.2(E); , 11S7e Seo.3d 514, 515 n. 1 (La. App. 1 Cir. 2013) (“Effective August 1,

2012, the Board of Pardons functioning as the committee onS peearole became the successor to, and assumed

control of, the affairs of the Board of Parole. La. Acts 2012, No. 714, § 4.”). The Committee on Parole is part

of the Louisiana Department of Public Safety and Corrections. La. Rev. Stat. Ann. § 36:409(C)(4).

State v. Broom

executive branch agency of the state government. La. Rev. Stat. §15:574.2; ,

439 So.2d 357, 367 (La. 19W8h3i)t.l eAyn v e. xLeecBulatinvce agency and its sub-units are not persons subject

to liability under §1983. adopted , Civ. Action No. 18-738, 2019 WL 7598839, at *2

& n. 11 (M.D. La. Oct. 3, 2019), , 2019 WL 5959563 (M.D. La. Nov. 13, 2019).

Further, even if the State was considered a proper defendant, which it is not, the State

of Louisiana is immune from suit in federal court under the Eleventh Amendment. Unless a

state has waived its immunity, the Eleventh Amendment bars the state’s citizens fromC foilzinzog

svu. iTt aanggaiipnasth tohae Pstaarties hin C foedunercaill- Pcoreusritd feonrt e Gitohveerr mnmonenettary damages or injunctive relief.

, 279 F.3d 273, 280 (5th Cir. 2002).

Generally, the State of Louisiana has not waived its immunity or consented to the eCxoezrzcoise of

federal judicDiaell aphoowuesrs ainye c viv. iCl iatyc toiof nNse wag Iabienrsita it. La. Rev. Stat. Ann. § 13:5106(A); , 279

F.3d at 281; , 937 F.2d 144, 147 (5th Cir. 1991). This shiSeelde

Mofc iGmrmewu nvi. tTye wxaosu Bldo aerxdte onfd P taor dthoen sC &om Pmariottleese on Parole as an arm or agency of the State.

, 47 F.3d 158, 161 (5th Cir. 1995). Accordingly,

any claim asserted against the “DPSC Parole Board” would be barred by the Eleventh

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Amendment.

Additionally, even if he could nami.ee. a proper defendant, Smith would not be able to

show that the parole procedure at issue ( , authorizing removal from the parole docket due

to recent disciplinary conduct), created a liberty interest in a parole hearing protected by the

5 See K.P .v. LeBlanc

Eleventh Amendment immunity is applicable to § 1983 claims against the State of Louisiana – and by

extension, to official-capacity claims against a Louisiana state officer. , 627 F.3d 115, 124 (5th

Cir. 2010) (“The Eleventh Amendment bars suits by private citizens against a state in federal court. The bar

applies not only to the state itSseeelf,e b.gu.t Galrseoe np rvo. tMecatnss sotuarte actors in their official capacities.” (citations omitted)).

The Eleventh Amendment does not deprive a federal court of jurisdiction over an official-capacity claim seeking

prospective injunctive relief. , , , 474 U.S. 64, 68 (1985).

See Stevenson v. Louisiana Board of Parole

Due Process Clause. Sinclair v. Ward , 265 F.3d 1060, 20s0ee1 aWlsLo

8D7e2N8o8m7e, sa vt .* L1e (B5ltahn cCir. 2001) (citing , 205 F.3d 1338 (5th Cir. 1999));

, Civ. Action No. 22-141, 2022 WL 17479134, at *2 & n. 13 (M.D. La. Nov.

1, 2022)a d(nopot ecdonstitutional or federal law entitles plaintiff tRoo ba inhseoanr ivn. gV ibtetoforiroe the parole

board), , 2022 WL 17475770 (M.D. La. Dec. 6, 2022); , Civ. Action

No. 17-1636, 2020 WL 523268, at *3 (M.D. La. Jan. 16, 2020) (“[B]ecause Plaintiff did not

have a protected liberty interest in parole, he aadlospot ecdannot complain regarding the

constitutionality of the denial of a parole hearing.”), , 2020 WL 515865 (M.D. La. Jan.

31, 2020). In the absence of such a liberty interest, a due process challenge to the Committee

on Parole’s procedures, specifically, the purported improper denial of a parole hearing based

on incorrect information, fails. Nor does this Court act as an appellate courtS teoe ree.vgi.ewCo elermroarns

mv. aDdiere bcyto srtaTteD tCrJi-bCuInDals that do not affect an inmate's constitutional rights. , ,

, , Civ. Action No. 08-159, 2009 WL 56947, *2 (E.D. Tex. Jan. 7, 2009)

(noting, in the context of an inmate's habeas corpus proceeding arising out of a prison

disciplinary proceeding, that “[i]n the course of reviewing state proceedings, a federal court

does not sit as a super state appellate court.”).

Second, as to the Warden of Lafourche Parish Correctional Complex, Smith alleges

only that he wrote the Warden inquiring about the disciplinary report and that he failed to

respond. The Warden may be liable under § 1983 only if he was personally involved in the

acts causing a deprivation of the plaintiff's constitutional rights or if a cauDsoaul tchoitn vn.e Jcotnioesn

exists between an act of the officials eaen da lason Wallaetgseodn cvo. Innstteitrusttaioten aFli rveio &la Ctiaosnu.a lty Co. ,

641 F.2d 345, 346 (5th Cir. 1981); , 611 F.2d

120 (5th Crire.s p1o9n8d0e)a. t Asunp oefrfiiocrial cannot be held responsible pursuant to § 1983 under any

theory of or simply beSceaeu sAel toann ve. mTepxlo. Aye&eM o Ur nsiuv.bordinate allegedly

violated the plasinetei fafl'sso coOnlisvteitru vt.i oScnoatlt rights. , 168 F.3d 196, 200

(5th Cir. 1999); , , 276 F.3d 736, 742 (5th Cir. 2002) (“Section 1983 does

not create supervisory or respondeat superior liability.”). As a supervisory official, the

Warden may be held liable for his subordinates’ acCtioolnles vo. nBlrya zifo sh Ce nitmy.p, Tleemx.ented a stated

unconstitutional policy that caused plaintiff’s injury. , 981 F.2d 237,

245 (5th Cir. 1993). Smith’s allegation against the Warden for failing to respond to his letter

does not state a cognizable claim under §1983 for deprivation of a federally protected

constitutional right or implementation of an unconstitutional policy. His claim against the

Warden should be dismissed as frivolous and for failure to state a claim for which relief can

be granted.

Finally, if Smith is attempting to assert any state-law claimsS, etehe Court should decline

to consider them because he has asserted no valid federal claim. 28 U.S.C. § 1367(c)(3)

(“The district courts may decline to exercise supplemental jurisdiction over a claim ...s iefe . ..a tlhsoe

dJaicsktrsiocnt cvo. uMritz zheals dismissed all claims over which it has original jurisdiction ....”);

, 361 F. App'x 622, 627 (5th Cir. 2010) (“Because [the plaintiff] states not

one valid federal claim, the district court properly declined jurisdiction over his Louisiana

causes of action.”). If Smith wants to pursue claims under state law, he should do so in the

state courts. RECOMMENDATION

RECOMMENDED

For the foregoing reasons, it is that Smith’s complaint against the

Department of Public Safety andD ICSoMrrIeScStEioDn sW PIaTrHo lPe RBEoJaUrDd IaCnEd the Warden of Lafourche

Parish Correctional Complex be as legally frivolous and for

failing to state a claim for which relief can be granted pursuant to 28 U.S.C. § 1915(e),

§1915A. To the extent he seeks to raise state-law claims, it is recommended that those claims

be dismissed without prejudice to his refiling in state court.

A party’s failure to file written objections to the proposed findings, conclusions, and

recommendation contained in a magistrate judge’s report and recommendation within 14

days after being served with a copy shall bar that party, except upon grounds of plain error,

from attacking on appeal the unobjected-to proposed factual findings and legal conclusions

accepted by the district court, provided that the parDtoyu hgalsa sbse ve.n U sneirtveedd S wtaittehs nAouttioce. Athssaotc s.uch

consequences will result from a failure to object. , 79

F.3d 1415 (5th Cir. 1996) (en banc).6 29th October

New Orleans, Louisiana, this day of , 2024.

________

MICHAEL B. NORTH

UNITED STATES MAGISTRATE JUDGE

Douglass

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referenced the previously-applicable 10-day period for the filing of objections. Effective

December 1, 2009, 28 U.S.C. §636(b)(1) was amended to extend that period to 14 days.