Cooper v. Rogers et al
Filing
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MEMORANDUM ORDER: Directing plaintiff to amend complaint/petition. Pro Se Response due by 3/31/2017. Signed by Magistrate Judge Karen L Hayes on 3/1/2017. (crt,Haik, K)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
JERROD COOPER
DOCKET NO. 5:16-CV-1706-P
VERSUS
JUDGE ELIZABETH E. FOOTE
COLIN ROGERS, ET AL.
MAG. JUDGE KAREN L. HAYES
MEMORANDUM ORDER
Pro se Plaintiff Jerrod Cooper filed the instant civil rights complaint (42 U.S.C. §1983) on
December 12, 2016 (Doc. 1), and he was granted leave to proceed in forma pauperis on February
7, 2017 (Doc. 8). According to his complaint, Plaintiff is a pretrial detainee incarcerated at the
Claiborne Parish Detention Center. Plaintiff complains that he was arrested after an illegal traffic
stopped, was subjected to excessive force, and denied medical treatment. Named as defendants are
Officers Colin Rogers, Thomas Davis, Robbie Tucker, and the Homer Police Department.
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.
Factual Background
Plaintiff alleges that Defendant Rogers violated his constitutional rights by initiating an
illegal traffic stop. Plaintiff alleges that Defendant Davis deployed a Taser unnecessarily. Plaintiff
alleges that Defendant Davis also denied him medical treatment and forged Plaintiff’s signature on
a medical waiver form. (Doc. 1, p. 3).
Instructions to Amend
Plaintiff complains that he was wrongfully stopped and arrested. To prevail on a §1983
claim for false arrest, the plaintiff must show 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) (The constitutional torts of false arrest and false imprisonment
require a showing of no probable cause.); see also, Maier v. Green, 485 F. Supp. 2d 711 (W.D. La.
2007) (citations omitted). The plaintiff also has to show that he suffered an injury as a result of the
false arrest.
Plaintiff should amend his complaint to state:
1.
the date of the “illegal traffic stop;”
2.
the reason provided for the traffic stop;
3.
what charges were brought resulting from the traffic stop, and whether the charges
remain pending;
4.
whether a probable cause hearing or determination was made following his arrest;
5.
what injuries he suffered as a result of the arrest/tasing;
6.
whether he ever received any medical care for his injuries, and when the care was
provided; and
7.
how Officer Robbie Tucker violated his constitutional rights.
Plaintiff should supply a copy of his arrest report, booking sheet, and any court minutes or
orders related to his arrest, detention, and outcome of those charges.
Conclusion
Before this court determines the proper disposition of the claims, Plaintiff should be given
the opportunity to remedy the deficiencies of his complaint, as specified herein. See Spears v.
McCotter, 766 F.2d 179 (5th Cir. 1985).
Accordingly, IT IS ORDERED that Plaintiff supplement and amend his complaint
within thirty (30) days of the filing of this order to provide the specific information outlined
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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.
THUS DONE AND SIGNED at Monroe, Louisiana, this 1st day of March, 2017.
______________________________________
KAREN L. HAYES
UNITED STATES MAGISTRATE JUDGE
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