Lee v. Driskel, CIVIL ACTION NO. 13-874-P
| Decision Date | 12 August 2016 |
| Docket Number | CIVIL ACTION NO. 13-874-P |
| Parties | TERRENCE LEE v. DANNY DRISKEL , ET AL. |
| Court | U.S. District Court — Western District of Louisiana |
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 in forma pauperis by pro se plaintiff Terrence Lee ("Plaintiff"), pursuant to 42 U.S.C. § 1983. This complaint was received and filed in this court on April 29, 2013. Plaintiff claims his civil rights were violated during his criminal trial proceedings and detention at the Bayou Dorcheat Correctional Center and the Claiborne Parish Detention Center. Plaintiff was incarcerated in the Claiborne Parish Detention Center in Homer, Louisiana, when he filed this action. Plaintiff names Danny Driskel, Johnny Sumler, John Toffton, the Louisiana Second Judicial District Court, Steven Smith, Benjamin Bleich, Rick Warren, Judge Falen, Johnathan Stewart, and Rena Aubrey as defendants. The allegations and claims made by Plaintiff are numerous and, sometimes, inconsistent. Those allegations and claims are fairly summarized below.
Plaintiff claims he was arrested in Bienville Parish by Deputy Steven Smith on October 24, 2012, for one count of DWI, first offense, one count of driving under suspension, and one count of resisting an officer. He claims the stop was illegal and without a warrant. Plaintiff claims Deputy Smith altered the video of the incident and falsified a report to allege a charge of DWI and that he was violent upon arrest. Plaintiff claims Deputy Smith was biased and retaliated against him because he had arrested him several times prior to this incident. He claims Deputy Smith used unnecessary force and made racial remarks during his arrest. Plaintiff claims Deputy Smith denied him his right to have counsel present during questioning and denied him the right to a telephone call. He claims he was booked into the Bienville Parish Jail.
Plaintiff claims Deputy Smith did not allow him to park his truck at his cousin's house, which was 15 feet from the stop. He claims Deputy Smith also denied his request to have his truck towed by a specific company.
Plaintiff claims that on October 25, 2012, Danny Driskel ordered him transferred to the Bayou Dorcheat Correctional Center in retaliation for a civil rights complaint (10-146) filed in this court. He claims he did not have access to legal materials or a law library in order to prepare his defense. Plaintiff claims that on October 29, 2012, he was placed in lock-down. He claims Driskel knew he had an amended complaint due in this court in December 2012. He claims he was unable to obtain legal mail and timely amend his complaint. He claims the case involved an illegal charge of domestic abuse battery, an illegal DWI first offense conviction, and an illegal charge of battery to the infirm.
Plaintiff also claims the conditions at Bayou Dorcheat Correctional Center were unsafe because explosives were moved and exploded at Camp Minden. He claims that for three and a half months he was denied outside activity unless he went outside to smoke.
Plaintiff claims that on October 25, 2012, Judge Falen contacted him by telephone to conduct his 72-hour hearing. He claims his charges were enhanced to DWI, third offense, and two counts of resisting an officer, he was subjected to excessive bail, and he was appointed attorney Rick Warren to represent him. He claims there was no evidence to support a driving while intoxicated charge or two resisting an officer charges or probable cause for detention. He claims a 72-hour hearing was not held on the new charge of resisting an officer. He further claims he should have been released from the bail obligation on the new charge.
Plaintiff claims authorities tampered with the discovery to construct false documents to reconstruct the 72-hour hearing. He further claims his bail was increased without notice.
Plaintiff claims that on December 4, 2012, he met his attorney and pleaded not guilty. He claims no evidence was produced to support the charge that he was driving under a suspended license. Plaintiff claims Judge Falen denied his motion for a bond reduction.
Plaintiff claims Assistant District Attorney Benjamin Bleich improperly enhanced his charge to DWI, third offense. He claims the evidence was insufficient to support the charges of DWI, third offense and resisting an officer. He claims he was not informed of the second count of resisting an officer and did not have a 72-hour hearing regarding this charge.
Plaintiff claims he received ineffective assistance of counsel because his attorney Rick Warren failed to file motions for a preliminary examination, speedy trial, and bond reduction. He claims Warren failed to provide him with a copy of the discovery. He claims he had no contact with Warren from October 24, 2012 until January 8, 2013. He claims failed to assist him with a defense and encouraged him to accept a plea agreement. He claims Warren failed to file a motion for recusal. Plaintiff claims that on January 8, 2013, Judge Falen denied his motion to represent himself.
Plaintiff claims no criminal trial proceedings were held on the charges of driving under suspension and resisting an officer. He claims he was denied due process as to these charges. He claims Warren failed to represent him as to these charges and failed to disclose any evidence or probable cause determination to him.
Plaintiff claims the District Attorney used illegal convictions to enhance his punishment. He claims the court did not allow him to address his issues. He further claims the court denied him habeas relief.
Plaintiff claims that on February 6, 2013, Judge Falen denied his motion to represent himself. He claims Judge Falen reduced his bail, but still set it at an excessive amount. He claims Judge Falen moved his trial date from February 19, 2013 to May 20, 2013. He claims that as a result of Judge Falen's actions, he was punished for his misdemeanor charges which carried a lesser possible sentence. He claims Judge Falen retaliated against him because he requested a speedy trial. Plaintiff claims Judge Falen delayed his criminal trial proceedings in order to allow the District Attorney to withhold evidence.
Plaintiff claims that on February 6, 2013, he was transferred to the Claiborne Parish Detention Center. He claims prison officials denied him access to the law library by placing him in lock-down and charging him with disciplinary violations. He claims that on March 5, 2013, Captain John Toffton punished him because he attempted to obtain legal assistance and go to the law library. He claims he was placed in administrative segregation for one week and this caused a substantial delay in the filing of his legal documents.
Plaintiff claims that on March 12, 2013, he filed a pro se motion for speedy trial into the record. He claims Judge Falen set a hearing on his motion for April 2, 2013. Plaintiff claims that on April 2, 2013, Judge Falen denied his motion for a speedy trial because of an affidavit by Rick Warren. He claims the court denied him a habeas hearing without reason. He further claims the court denied him an OR bond. He claims the court did not rule on his pro se motion to quash.
Plaintiff claims that on April 2, 2013, prison officials threatened to lock him up for practicing law. He claims that on April 12, 2013, Captain Toffton and Warden Johnny Sumler informed him that he could not go to the law library because he was a pretrial detainee. He claims inmates are not allowed to assist pretrial detainees with legal matters. He further claims the inmate accountant withheld his paperwork and therefore delayed his legal matters. He claims Judge Clayson issued the order that pretrial detainees were not to be assisted with pro se motions and they would be criminally prosecuted for practicing law without a license.
Plaintiff claims that on April 7, 2013, the trial court judge again denied him an OR bond. Plaintiff claims that on May 7, 2013, he made a statement in court that Judge Falen should be recused. He claims Judge Falen stopped all proceeding and upset his May 20, 2013 trial date. He claims was denied access to the courts because he could not file motions in the trial court while the recusal motion was pending. He claims the Louisiana Second Circuit Court of Appeal failed to grant him relief. He claims the Supreme Court of Louisiana returned his filings to him. He claims Judge Falen refused to order production of relevant transcripts and production of the video.
Plaintiff claims that on August 13, 2013, Judge Falen denied his motions for an OR bond or a bond reduction. He claims the minutes were falsified to reflect that he filed the motion to relieve his attorney, when in fact his attorney filed the motion. He claims he was forced to represent himself. He claims Judge Falen failed to recuse himself.
Plaintiff claims that on August 14, 2013, Captain Tofton denied him access to the law library and to make copies. He admits he was able to mail a notice of intent to appeal to the court on that day and an original of his filing. He claims his return date was set for September 30, 2013. He claims that on October 31, 2013, the Court of Appeal denied him relief on the showing made. He claims John Tofton deprived him of his right to prepare his writ. He claims the Court of Appeal failed to order the trial court to hold his trial or that he be granted access to the law library.
Plaintiff claims Captain Tofton repeatedly refused to answer his grievances filed in the administrative remedy procedure or allow him to make copies.
Plaintiff claims his trial was set for September 16, 2013. He claims that on September 17, 2013, he filed a motion to recuse Judge Falen. He claims that on October 1, 2013, he was denied...
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