LeCompte v. Hendricks
| Docket Number | Civil Action 22-1355 |
| Decision Date | 23 June 2023 |
| Parties | RAYMOND J. (JOSEPH) LECOMPTE v. DYLAN HENDRICKS (DEPUTY SHERIFF), ET AL. |
| Court | U.S. District Court — Eastern District of Louisiana |
SECTION “A” (4)
REPORT AND RECOMMENDATION
KAREN WELLS ROBY UNITED STATES MAGISTRATE JUDGE.
Before the Court is a Motion for Summary Judgment (ECF No 11) filed by defendant Deputy Sheriff Dylan Hendricks.[1] The motion and the underlying matter were referred to a United States Magistrate Judge to conduct a hearing, including an evidentiary hearing, if necessary, and to submit proposed findings and recommendations for disposition pursuant to 28 U.S.C. § 636(b)(1)(B) and (C), § 1915e(2), and § 1915A, and as applicable, 42 U.S.C. § 1997e(c)(1) and(2). Upon review of the entire record, the Court has determined that this matter can be disposed of without an evidentiary hearing.
Plaintiff Raymond Joseph LeCompte (“LeCompte”) was an inmate housed in the Terrebonne Parish Criminal Justice Complex (“TPCJC”) when he filed this pro se and in forma pauperis complaint pursuant to 42 U.S.C. § 1983. ECF No. 4. LeCompte sued Terrebonne Parish Sheriff Deputy Dylan Hendricks in his official and individual capacities alleging that Hendricks violated constitutional rights under the 8th Amendment to the U.S. Constitution and under the Louisiana Constitution. LeCompte also alleged Hendricks committed state law violations of negligence and intentional torts of battery through excessive force and intention infliction of emotional distress. Id., ¶IV, at 4-5; id. at 6, 11.
LeCompte claims that around 11:00 p.m. on May 22, 2021, he was arrested by Deputy Hendricks on non-violent misdemeanor charges and brought to the TPCJC. Id., ¶IV, at 4; id. at 8. He claims the officers found him “stumbling all over the road in a mentally induced state due to intoxication.” Id. at 8. LeCompte indicates that the initial arrest included criminal mischief, criminal trespass, simple criminal damage to property, two counts of resisting an officer by giving false information, and an outstanding warrant for misdemeanor theft. He further indicates that he was later charged with battery of a police officer resulting from an incident at the hospital when Deputy Hendricks pulled plaintiff from the hospital bed, which incident occurred several hours after the incident that forms the basis of this complaint. Id. at 10. He claims that he eventually pleaded guilty to that charge which does not invoke Heck to prevent the resolution of the excessive force used at the jail before he went to the hospital. Id.
He alleges that upon arrival at TPCJC, Deputy Hendricks was informed by EMT Tina Authement that LeCompte had to be taken to a local hospital for a psychiatric evaluation before he could be booked into the jail. Id. at 8. LeCompte claims that with this news, Deputy Hendricks became upset and forceful in his handling of the plaintiff. He alleges that, sometime between 11:15 and 11:40 p.m., Deputy Hendricks escorted LeCompte back to the mail hall of the jail while LeCompte's hands were cuffed behind his back. LeCompte claims that Deputy Hendricks squeezed the handcuffs as tight as possible to show his frustration with plaintiff. Id. at 9. LeCompte alleges the force caused him to scream out in pain, and he blacked out for the rest of the night. LeCompte contends he remembers nothing else that night.
Admitting that he was being “difficult to deal with that night due to my intoxicated state,” LeCompte asserted that he was not a risk or danger to warrant the use of excessive force in response to offensive words by an emotionally charged inmate. Id. at 8. He claims that the Deputy caused extensive damage to the nerves and tendons in his wrists, his fingers “lock[] up” and his thumbs are numb. Id. at 9.
LeCompte also asserts that he utilized the administrative grievance process at the jail to no avail. He claims that he has requested medical attention on numerous occasions. He indicates that Dr. Scott Haydel advised him that he may have carpal tunnel syndrome.
Defendant Deputy Hendricks moved for summary judgment dismissal of LeCompte's claims based on qualified immunity. ECF No. 11, at 1. Deputy Hendricks points to the incident in the hospital several hours after plaintiff's arrest, when after plaintiff admitted to using methamphetamines. Deputy Hendricks alleges LeCompte purportedly bit him on the ankle while the Deputy was attempting to handcuff plaintiff. Id. at 1-2. He notes also that plaintiff pleaded guilty to battery of a police officer on May 9, 2022. Id. at 2.
In the supporting memorandum, Deputy Hendricks alleges that he and other deputies responded to a call at 9:27 p.m. on May 21, 2022, of a suspicious person pulling on doors in a business area. ECF No. 11-2, at 1. Deputies arrived to find and question LeCompte who was then arrested. Deputies Hendricks and Dustin Kennedy attempted to handcuff LeCompte, who struggled with them. Id. at 2; ECF No. 11-3, Exh. A (Affidavit of Deputy Hendricks); ECF No. 11-4, Exh. B (Affidavit of Deputy Dustin Kennedy). The deputies, however, were able to successfully handcuff, with a double lock, and with some struggle, get LeCompte into their police unit. Id.
Upon arrival at TPCJC, LeCompte struggled with the deputies as they tried to get him out of the unit to bring him inside for booking. ECF No. 11-2, at 2; ECF No. 11-5, Exh. C (Affidavit of Lt. Joe Harris). Deputy Hendricks reported per protocol that they had struggled with LeCompte to place the handcuffs and get him in and out of the police unit. ECF No. 11-2, at 2. Per protocol, the medical personnel deemed it appropriate for LeCompte had to be transported to a hospital before booking. Id.; ECF No. 11-6, Exh. D (Affidavit of Richard D. Neal); ECF No. 11-7, Attach. D-1; ECF No. 11-8, Attach. D-2.
Without mention of the incident in the hall of the jail which is the only incident asserted by plaintiff in the complaint, Deputy Hendricks further alleges that once LeCompte was at the police unit for transport, he, Deputy Kenney, and Lt. Joseph Harris had to struggle with LeCompte to get him into the unit. ECF No. 11-2, at 2; ECF No. 11-3, Exh. A (Affidavit of Deputy Hendricks); ECF No. 11-4, Exh. B (Affidavit of Deputy Dustin Kennedy); ECF No. 11-5, Exh. C (Affidavit of Lt. Joe Harris). On arrival at the Leonard Chabert Medical Center (“LCMC”), LeCompte was handcuffed to a bed. ECF No. 11-2, at 2; ECF No. 11-3, Exh. A (Affidavit of Deputy Hendricks). After he was examined and set to return to the jail, Deputy Hendricks attempted to free LeCompte from the bed and return the cuff to his wrist. Deputy Hendricks claims that LeCompte evaded his efforts which resulted in the Deputy having to grab LeCompte and both men ended up on the floor. Deputy Hendricks managed to secure the handcuff, but not before LeCompte bit him on the ankle. ECF No. 11-2, at 2; ECF No. 11-3, Exh. A (Affidavit of Deputy Hendricks). Deputy Hendricks secured and double locked the cuffs and escorted LeCompte back to the police unit.
According to Deputy Hendricks, LeCompte became combative upon return to TPCJC and engaged in disruptive behavior by screaming and refusing to walk. ECF No. 11-2, at 4. Lt. Harris assisted Deputies Hendricks and Kennedy in carrying LeCompte to the booking bench. ECF No. 11-2, at 4; ECF No. 11-3, Exh. A (Affidavit of Deputy Hendricks); ECF No. 11-4, Exh. B (Affidavit of Deputy Dustin Kennedy); ECF No. 11-5, Exh. C (Affidavit of Lt. Joe Harris). He was then charged with the initial crimes and felony battery of a police officer requiring medical attention. ECF No. 11-2, at 4; ECF No. 11-3, Exh. A (Affidavit of Deputy Hendricks).
During booking, LeCompte disclosed during his medical interview that he daily used methamphetamines including 2 grams on the day of his arrest. ECF No. 11-2, at 4; ECF No. 116, Exh. D (Affidavit of Richard D. Neal); ECF No. 11-7, Attach. D-1; ECF No. 11-8, Attach. D-2. Exh D, D-1, D-2. Because of this and his behavior, LeCompte was placed in an observation cell to be watched by medical personnel and corrections staff. ECF No. 11-2, at 4; ECF No. 115, Exh. C (Affidavit of Lt. Joe Harris); ECF No. 11-6, Exh. D (Affidavit of Richard D. Neal); ECF No. 11-7, Attach. D-1; ECF No. 11-8, Attach. D-2. Exh D, D-1, D-2. Four days after his arrest, LeCompte submitted an inmate request form in which he conceded that when he was arrested, he was high on Xanax and admittedly resisted the arresting officers and correctional officers. ECF No. 11-2, at 4; ECF No. 11-9, Exh. E (Affidavit of Captain Allison Zeringue).
Citing Fourth Amendment standards, Deputy Hendricks argues in his memorandum that LeCompte admittedly resisted the deputies and presented a threat of escape and danger to others. Id. at 10. LeCompte was not complying with the deputies commands and instead struggled to escape. As a result, it was reasonable for Deputy Hendricks to use force necessary to gain compliance with his commands to plaintiff. A reasonable officer would have found the force used appropriate under the circumstances. He further argues that Hendricks cannot point to any case that would demonstrate the force used during the struggle to get plaintiff handcuffed was other than reasonable where plaintiff was high on drugs and combative. Id. at 11. As such, LeCompte cannot overcome the defense of qualified immunity where he has not shown the violation of a clearly established right where reasonable force was used in response to his combative behavior and failure to heed repeated commands. Id. at 12.
In the statement of uncontested material facts, Deputy Hendricks reiterates only brief facts about the charges brought against LeCompte, LeCompte's...
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