Riggs v. Winn Parish
MEMORANDUM ORDER: Directing plaintiff to amend complaint. Pro Se Response due by 10/20/2016. Signed by Magistrate Judge Joseph H L Perez-Montes on 9/20/2016. (crt,Haik, K)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
CIVIL ACTION NO. 1:16-CV-1134-P
CHIEF JUDGE DRELL
Winn Parish Police Department,
MAGISTRATE JUDGE PEREZ-MONTES
Before the Court is the civil rights complaint (42 U.S.C. § 1983) of pro se
Plaintiff Clay Riggs (#060182). (Doc. 1). Plaintiff was granted leave to proceed in
forma pauperis on September 6, 2016. (Doc. 13). Plaintiff is a pretrial detainee at the
Concordia Parish Correctional Facility in Ferriday, Louisiana. Plaintiff names as
defendants Sheriff Crawford Jordan, Officer Stacy Johnson, Officer Jeremy
Underwood, Officer Hagan, Officer Womack, Officer Kelley Fannin, and the State of
Louisiana. Plaintiff challenges the legality of his detention.
This matter has been referred to the undersigned for review, report, and
recommendation in accordance with the provisions of 28 U.S.C. § 636 and the
standing orders of the Court.
Plaintiff alleges that he was arrested by the defendants on June 10, 2016. Plaintiff
claims that, on June 11, 2016, he prepared an “Affidavit of Denial of Corporate
Existence” along with a motion for judgment by default and a “demand for rebuttal.”
(Doc. 4, p. 3). Petitioner filed the affidavit and motion in Louisiana’s Eighth Judicial
Plaintiff claims that he is a “natural free man of flesh and blood” and is wrongfully
incarcerated. Plaintiff complains that no claims have been made against his “natural
body” in the form of an affidavit using his Christian or family name. (Doc. 4, p. 3).
Thus, Plaintiff claims that Defendants cannot show “authority for the incarceration
of the plaintiff’s natural body.” (Doc. 4, p. 5).
Law and Analysis
Plaintiff seeks injunctive relief to prevent retaliation for filing suit, as well as an
investigation “to determine if fraud applies.” (Doc. 4, p. 6). It is unclear whether he
seeks monetary damages.
To the extent that Plaintiff seeks a release from custody, his claim fails. Such
relief is not available through a civil rights action. See Calderon v. Ashmus, 523 U.S.
740, 747 (1998) (any claim attacking the validity or duration of confinement must be
raised in a habeas corpus petition); Preiser v. Rodriguez, 411 U.S. 475, 500 (1973).
Plaintiff should amend his complaint and state:
(1) the name(s) of EACH person that allegedly violated Plaintiff’s rights;
(2) a description of what each person did to violated Plaintiff’s rights;
(3) the place and date(s) that EACH event occurred; and
(4) a description of the injury sustained as a result of EACH alleged violation.
Plaintiff claims that his detention is unlawful because no claims have been made
against his “natural body.” If Plaintiff is pursuing a false arrest or false imprisonment
claim, he must allege that the officers did not have probable cause to arrest him. See
Haggerty v. Texas Southern Univ., 391 F.3d 653, 655-56 (5th Cir. 2004); Brown v.
Lyford, 243 F.3d 185, 189 (5th Cir. 2001) (constitutional torts of false arrest and false
imprisonment require a showing of no probable cause).
Plaintiff states that he was arrested on June 10, 2016. He does not state the reason
for the arrest, what charges were brought against him, or the disposition of those
charges. Plaintiff should amend his complaint to identify the charges against him
from the arrest on June 10, 2016, and state whether he was convicted, or if the
charges remain pending. Plaintiff is to allege whether he was arrested pursuant to a
warrant, or if a probable cause determination was made following the arrest. Plaintiff
should also supply a copy of the arrest report, booking sheet, and any court minutes
or orders related to his arrest, detention, and the outcome of those charges.
IT IS ORDERED that Plaintiff amend his complaint within thirty (30) days of the
filing of this Order to provide the information outlined above.
Failure to comply with this Order may result in dismissal of this action under
Rule 41(b) or 16(f) of the Federal Rules of Civil Procedure. Petitioner is further
required to notify the Court of any change in his address under Rule 41.3 of the Local
Rules for the Western District of Louisiana.
THUS DONE AND SIGNED in chambers in Alexandria, Louisiana, this ____ day
of September, 2016.
Joseph H L P
h H.L. Perez-Montes
United States Magistrate Judge
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