Reed et al v. Department of Corrections et al

Filing 34

RULING, Adopting Report and Recommendation (Doc #86 in 17-1344), Unconsolidating Civil Action Nos 17-1344 and 17-1382, Prudhomme's Motion for Sactions and associated request for fees (Doc #80 in 17-1344) be denied; Prudhomme's Motion Regarding Paternity/Filiation (Doc #58 in 17-1344) be denied, and that Prudhomme's federal and state law claims against all defendants be dismissed without prejudice. Signed by Judge Terry A Doughty on 1/2/2019. (crt,FinnSld, P)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
LASQUES (VACQUES)
PRUDHOMME

CIVIL ACTION NO. 17-1344

VERSUS

JUDGE TERRY A. DOUGHTY

SHERIFF JAY RUSSELL IN HIS
MAG. JUDGE KAREN L. HAYES
OFFICIAL CAPACITY, ET AL.
--Consolidated with—
LESLIE REED AND OTIS MCGINNIS

CIVIL ACTION NO. 17-1382

VERSUS
LOUISIANA DEPARTMENT OF
CORRECTIONS, ET AL.
RULING
Pending before the Court are a Motion Regarding Paternity/Filiation [Doc. No. 58] and
Motion for Sanctions Against Leslie Reed McGinnis [Doc. No. 80] filed by Plaintiff Lasques
Vacqques Prudhomme (“Prudhomme”). On December 17, 2018, Magistrate Judge Hayes issued
a Report and Recommendation [Doc. No. 86] after having conducted a hearing on the Motion
Regarding Paternity/Filiation. Magistrate Judge Hayes recommended that these matters be
unconsolidated, that Prudhomme’s motions be denied, and that Prudhomme’s claims be
dismissed without prejudice, resulting in the closure of Civil Action No. 17-1344. On December
31, 2018, Prudhomme filed objections to the Report and Recommendation. [Doc. No. 87].
Having conducted a de novo review of the record, the Court agrees with and ADOPTS
the Report and Recommendation of Magistrate Judge Hayes. The Court issues this Ruling to

address the case law cited by Prudhomme in support of his objections to Magistrate Judge
Hayes’ recommendation on his Motion with Regard to Paternity/Filiation.
Prudhomme contends that he was the father of Brandon Jamal Reed (“Brandon”), who
died while in Defendants’ custody. In his October 19, 2017 Complaint, he asserted claims
against Defendants, identifying Brandon as his “son” in the Complaint. However, Leslie Reed
and Otis McGinnis also asserted claims against Defendants on the basis of their status as
Brandon’s mother and father, respectively. Because of the conflicting paternity claims, the Court
raised the issue of paternity. On October 8, 2018, Prudhomme filed the instant Motion
Regarding Paternity/Filiation, and Magistrate Judge Hayes held a hearing on October 24, 2018.
After the hearing, on November 7, 2018, Prudhomme filed the instant Motion for
Sanctions against Leslie Reed McGinnis, contending that she made fraudulent and perjurious
statements at the hearing when she said that she was “not for sure” whether Prudhomme was
Brandon’s father.
In her December 17, 2018 Report and Recommendation, Magistrate Judge Hayes
recounted the facts, including the fact that Otis McGinnis was listed on the father on Brandon’s
birth certificate and signed the birth certificate. Two years after Brandon’s birth, McGinnis
married Leslie Reed McGinnis. Because Brandon was legally presumed to be McGinnis’ child,
Magistrate Judge Hayes concluded that, under Louisiana Civil Code Article 198, Prudhomme
was required to and failed to timely file an avowal action within one year of Brandon’s birth
(absent the bad faith of the mother) or one year from Brandon’s death (on October 26, 2016).
Magistrate Judge Hayes further found that Prudhomme’s October 19, 2017 Complaint did not

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contain facts sufficient to assert an avowal action within year of his death and that, even if it did,
the evidence presented at the hearing was insufficient to meet the requirements of Article 198.
In his objections, Prudhomme cites the Court to Udomeh v. Joseph, 103 So.3d 303 (La.
2012), and Miller v. Thibodeaux, 159 So.3d 426 (La. 2015), for the proposition that simply filing
a wrongful death action within one year of the death of the child would be enough to make a
timely avowal action under Article 198. However, both of the cited cases involved situations in
which the minor had not been presumed to be the child of another man. In this case, however, as
Magistrate Judge Hayes recognized, Brandon was presumed to be the child of another man,
McGinnis. Therefore, Article 198 requires an avowal action be instituted within one year from
the birth of a child. As previously stated, the Court additionally agrees with and ADOPTS
Magistrate Judge Hayes’ remaining facts and analysis.
Accordingly, the Court will order that the instant cases, Civil Action Nos. 17-1344 and
17-1382, be unconsolidated, that Prudhomme’s Motion for Sanctions, and associated request for
fees [Doc. No. 80] be denied, that Prudhomme’s Motion Regarding Paternity/Filiation [Doc. No.
58] be denied, and that Prudhomme’s federal and state law claims against all Defendants be
dismissed without prejudice.
MONROE, LOUISIANA, this 2nd day of January, 2019.

_____________________________________
Terry A. Doughty
United States District Judge

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