Simms v. Young

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA SEDRICK SIMMS CIVIL ACTION VERSUS ROGER YOUNG ET AL. NO. 22-01023-BAJ-SDJ RULING AND ORDER This is an excessive force case. The pro se Plaintiff, an individual confined at Louisiana State Penitentiary, filed this proceeding under 42 U.S.C. § 1983 complaining that his constitutional rights were violated due to the use of excessive force and failure to protect. He seeks monetary and injunctive relief. Before the Court is Defendants Roger Young and Logan Robichaux’s Motion to Dismiss (Doce. 32, the “Motion’’), which is unopposed.

The Magistrate Judge has now issued a Report and Recommendation (Doc. 34, the “Report”), recommending dismissal of Plaintiffs claims for monetary damages asserted against Young and Robichaux in their official capacities, and Plaintiffs claims against Defendant Mental Health! in their entirety. It further recommends that, in all other regards, the Motion be denied, and that this matter be referred back to the Magistrate Judge for further proceedings. Finally, the Report The Court assumes that Plaintiff who named “Mental Health” as a Defendant, is referring to the Mental Health Unit within the prison. As the Magistrate Judge notes, however, a department within a prison facility cannot be sued under 42 U.S.C. § 1983, and for this reason, Plaintiffs claims against “Mental Health” fails. (Doc. 34 at 7 (citing Brewin v. St. Tammany Parish Correctional Center, 2009 WL 1491179 (W.D. La., May 26, 2009)). recommends that Plaintiff be given time to amend his Complaint to allege facts showing that Defendant Young had a reasonable opportunity to prevent the harm caused by Defendant Robichaux and chose not to act, and facts showing physical injuries sustained, if any, due to the alleged use of excessive force by Defendant Robichaux. The parties’ deadline to object to the Report has passed, without any objection from either party.

Having carefully considered the operative Complaint and related filings, the Court APPROVES the Report and ADOPTS IT? as the Court’s opinion in this matter.

Accordingly, IT IS ORDERED that Defendants Roger Young and Logan Robichaux’s Motion to Dismiss (Doc. 32) be and is hereby GRANTED IN PART. Plaintiffs claims for monetary damages asserted against Defendants in their official capacities and Plaintiffs claims against Defendant Mental Health be and are hereby DISMISSED.

IT IS FURTHER ORDERED that in all other respects, the Motion to Dismiss (Doc. 32) be and is hereby DENIED.

IT IS FURTHER ORDERED that Plaintiff has until November 23, 2024, to amend his Complaint to include: e Facts that show that Defendant Young had a reasonable opportunity to The Magistrate Judge recommends that Plaintiff be given 21 days to amend the Complaint, but the Court will allow Plaintiff 45 days, instead.

prevent the harm caused by Defendant Robichaux and chose not to act; and e Facts that show physical injuries suffered, if any, from the alleged use of excessive force by Defendant Robichaux.

IT IS FURTHER ORDERED that this matter be and is hereby REFERRED to the Magistrate Judge for further proceedings consistent with this Ruling.

IT IS FURTHER ORDERED that the Clerk of Court shall send a copy of this Ruling and Order and the accompanying Report and Recommendations (Doc. 34) to Sedrick Simms by regular and certified mail, return receipt requested, to the address found on PACER.

Baton Rouge, Louisiana, this qu, of October, 2024 Bua.

JUDGE BRIAN A. JACKSON UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA