Bohannan v. Causey
| Decision Date | 17 February 2023 |
| Docket Number | Civil Action 19-1476-P |
| Parties | BRENDAN D. BOHANNAN v. CAPTAIN CAUSEY, ET AL. |
| Court | U.S. District Court — Western District of Louisiana |
REPORT AND RECOMMENDATION
In accordance with the standing order of this court, this matter was referred to the undersigned Magistrate Judge for review report and recommendation.
Before the court is a civil rights complaint filed by pro se plaintiff Brendan D. Bohannan (“Plaintiff”) pursuant to 42 U.S.C. § 1983. This complaint was received and filed in this court on November 13, 2019. He was incarcerated at the Bossier Medium Correctional Center in Plain Dealing, Louisiana, and is now incarcerated at the Caldwell Correctional Center in Grayson, Louisiana. He names Captain Causey, Susan Tucker, L. Fisher-Culpepper, Jason Burns, Quinton Black, Deputy Rogers, Nurse Lanier, Dr. Flye Nurse Hamm, Mr. Calhoun, Deputy Hadden, the Steven Hoyle Intense Substance Abuse Program (“SHISAP”) Deputy Lindon, Damon Bowles, Deputy Lyons, the Inmate Counsel/Law Librarian, Dr. Flye's Nurse, Unknown Nurse 2, Mrs. Boudreaux, Mrs. Burton, Mrs. Frizzell, and Mrs. Townsend as defendants.
Plaintiff claims Captain Causey and Mrs. L. Fischer-Culpepper conspired with the other Defendants to have him removed from SHISAP without a disciplinary reason. He claims that on September 25, 2019, he was removed from SHISAP because of sex offender hazing, a PREA allegation of rape at Raymond Laborde Correctional Center in 2014, sexual harassment, and Defendants' failure to properly investigate his claims. He argues his claims were not properly investigated because they required too much work and involved sexual details.
In August of 2019, Plaintiff took a set of Hi-set-GED Tutor tests. An inmate in the class knew Plaintiff from the Raymond Laborde Correctional Center and the Rayburn Correctional Center. Plaintiff claims the inmate told him he knew he was a “ho.” Plaintiff told Ms. Wallace he could not tutor the inmate and he had to quit his testing immediately. He reported the incident to Mrs. Fisher-Culpepper. Mrs. Fisher-Culpepper, Ms. Stinson, and Mr. Calhoun talked with Plaintiff. He claims this incident is one of the reasons he was removed from SHISAP.
Plaintiff claims participants in SHISAP were given sex offender workbooks which were kept in the classroom. He claims these workbooks should have been better protected by the staff, including the teacher Mr. Calhoun. He claims an offender got a copy of the Phase 2 workbook and removed two pages from it. He claims that on September 24, 2019, the inmate or one of his friends placed the workbook pages on his bed. Plaintiff claims the placing of the workbook pages on his bed was sexual harassment, sex offender hazing, and teasing. He claims his sex offender profile was no longer a secret and he was no longer safe. Plaintiff claims that on September 24, 2019, Sgt. Normand found his claim regarding the incident to be credible and with merit.
Plaintiff admits he erroneously sent Nurse Lanier a sick call request stating he needed help regarding a PREA matter. He claims that on September 25, 2019, Deputy Rogers escorted him to sick call and told him to face the wall while he secured a document. Plaintiff told Nurse Lanier that two sex offender phase two workbook papers were placed on his bed and he felt very uncomfortable. He told her he had been raped while incarcerated in Cottonport. He also told her he suffered from PTSD because of attacks on his life in August of 2016 and in February of 2017 in New Mexico. Plaintiff claims Nurse Lanier then asked him if he called the PREA hotline and he informed her that he attempted to call but no one answered. He claims Nurse Lanier told him his situation was a PREA matter and would be handled by security. He claims Nurse Lanier never told him that he was being removed from the treatment program. He claims he twice told Nurse Lanier that he was considered a rat, a prison homosexual, and sex boy and had been raped. He claims this weakened his case with her and the staff that worked at SHISAP. He claims Nurse Lanier kept his medical status secret from him because she recommended that he be placed on protective custody. He claims this recommendation removed him from the treatment program. He claims Nurse Lanier turned the matter over to Deputy Rogers who had been in the room the entire time.
Plaintiff claims Sgt. Quinton Black has known him since 2003 when he was incarcerated at the St. Tammany Parish Jail. He claims Sgt. Black knew he was a sex offender and a two or three time convicted felon. He claims Sgt. Black was on duty on September 25, 2019 when the decision was made to remove him from the treatment program and house him at Bossier Medium Correctional Center. He claims Sgt. Black told him that he was not being kicked out of treatment but that he was being removed from SHISAP for his safety and the safety of the program. He claims he asked Sgt. Black to speak to Mrs. Fischer-Culpepper and he told him to write her on the kiosk once he was at Bossier Medium Correctional Center.
Plaintiff claims he asked Captain Causey if he could speak to Mrs. Fischer-Culpepper and he refused his request. He claims Captain Causey told him he did not want to remove him from treatment, but he had to look out for the safety of the facility and the program. He claims Captain Causey told him he was causing problems and he could only transfer him to Bossier Medium to finish his program, graduate, and be released on parole.
Plaintiff claims Captain Causey and Mrs. Fischer-Culpepper failed to conduct a proper investigation regarding the workbook pages and sided with the perpetrator. He claims the perpetrator was shown favoritism and allowed to remain in the treatment program. He claims Mrs. Fischer-Culpepper did not want him to be her student once a month at the Covington District Probation and Parole Office for the next seven years.
Plaintiff claims that on September 25, 2019, Captain Causey transferred him to Bossier Medium for protective custody because of his P.T.S.D and to finish his program. He claims the Louisiana Parole Board sent him to SHISAP as a special condition of his parole. He claims he contacted Project Celebration Sexual Assault Advocates. Plaintiff claims Mrs. M. Townsend told him that if he contacted them again, he would be removed permanently from SHISAP. He claims this threat is blackmail.
Plaintiff claims he was housed in general population, not the trustee dorm. He claims he saw five fights in five weeks in general population.
Plaintiff wrote two letters to Mrs. Fischer-Culpepper and Mrs. Melissa Townsend and one letter to Dr. Susan Tucker. He claims he did not receive a response until he filed a grievance in the administrative remedy procedure. He claims he wrote five grievances in the administrative remedy procedure between October 28, 2019 and December 1, 2019. He claims that on November 4, 2019 he received a response stating that he could graduate on November 15, 2019 if he had an approved address and stopped calling the PREA hotline. He claims he was told that his calls to the PREA hotline made the Bossier Medium Medical Department look bad. He was also told that if he called the PREA hotline again he would not graduate, and he would not be paroled. Plaintiff claims this was blackmail, bribery, and extortion. He claims Defendants tried to prevent him from seeking help from advocates and services. He claims that in October, Ms. Ashley Fillingim who is a supervisor for Project Celebration Sexual Assault Advocates, visited him at Bossier Medium and tried to search through his situation and make sure he was treated fairly. He claims Ashley Fillingim was aware of his unfair treatment and had spoken to him four or five times prior to visiting him. He claims Deputy Mark Lyons spoke to Ashley Fillingim a few times on his behalf and things were positive with Project Celebration Sexual Assault Advocates for one month. He claims that in November, Project Celebration Sexual Assault Advocate's Night Supervisor Andrea told him that they could no longer take his calls. He claims Deputy Lyons never came to Bossier Medium to see him after his removal from treatment and never sent him messages regarding his situation. Plaintiff claims Deputy Lyons was a PREA Coordinator/Investigator and violated his civil rights by not conducting a proper investigation into his PREA complaint.
Plaintiff claims Deputy Dominic Lindon came to talk to him several days before his graduation on November 15, 2019. He claims Deputy Lindon told him that Lori Fischer-Culpepper and Jason Burns wanted to talk him earlier that day but were unable to because there was not enough staff to bring him to the front. He claims Deputy Lindon told him that he was going to graduate, but if he kept writing the Parole Board and grievances in the administrative remedy procedure, his parole would be delayed. He claims Deputy Lindon also told him to stop calling the hotline.
Plaintiff claims Deputy Lindon threatened him and extorted him out of his parole. He claims Deputy Lindon told him that he would not go home if he kept exercising his civil rights. He claims Deputy Lindon tried to prevent him from seeking help from the PREA hotline.
Plaintiff claims Sgt. Damon Bowles is a night shift sergeant at the Bossier Medium Security Prison. He claims Sgt. Bowles threatened to have him removed from treatment and parole for constantly bothering Mrs. Boudreaux and writing on the kiosk to Mrs. Fischer-Culpepper. He claims Sgt. Bowles told him that he was not fit to be on parole. He claims Sgt. Bowles screens all kiosk messages during his shift. He claims Sgt Bowles told him to stop sending messages...
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