Lee v. Louisiana
| Decision Date | 31 July 2012 |
| Docket Number | CIVIL ACTION NO. 09-276-P |
| Parties | TERRENCE LEE v. STATE OF LOUISIANA , ET AL. |
| Court | U.S. District Court — Western District of Louisiana |
TERRENCE LEE
v.
STATE OF LOUISIANA , ET AL.
CIVIL ACTION NO. 09-276-P
UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION
Date: July 31, 2012
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 February 18, 2009. Plaintiff claims his civil rights were violated during his criminal trial proceedings. At the time Plaintiff filed this complaint, he was incarcerated in the Bienville Parish Jail. He names the State of Louisiana, the Louisiana Second Judicial District Court, Parish of Bienville, Johnathan Stewart, Deputy Shawonda Bell, Jess Ketchem, Deputy Thrasher, Deputy Cooper, Warden Danny Driskell, Judge Falen, and Judge Clayson as defendants.
Consolidated Dockets 41369 and 41519
Plaintiff claims that on October 29, 2007, he was arrested by Deputy Shawonda Bell. He claims that prior to arresting him, Deputy Bell sprayed him in the face with mace and her
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civilian brother assisted her with the arrest. He claims he was booked into the Bienville Parish Jail and charged with disturbing the peace and resisting an officer. He claims his arrest was illegal because there was no warrant for his arrest and Deputy Bell failed to investigate the charges. He claims Deputy Bell's brother is the person who made the complaint against him for disturbing the peace.
Plaintiff claims that after he was booked into the Bienville Parish Jail, he was denied medical attention by Warden Danny Driskell.
Plaintiff claims that after his arrest, he was arraigned on December 4, 2007 for the charge of resisting an officer, but not the charge of disturbing the peace. Plaintiff claims Judge Falen denied his request for counsel. He claims he requested a continuance so he could subpoena witnesses. He claims Judge Falen scheduled his trial for January 15, 2008. He claims he made an oral motion for discovery and Judge Falen told him that either he or his attorney had to file a written motion. He claims his mother posted his bail.
Plaintiff claims Deputy Thrasher re-arrested him for the charge of disturbing the peace. He claims Deputy Thrasher did not have a warrant for his arrest.
Plaintiff claims the two charges of disturbing the peace and resisting an officer were consolidated. He claims Assistant District Attorney Johnathan Stewart denied him a plea deal. Plaintiff claims that on March 5, 2008, he appeared for trial in the Louisiana Second Judicial District Court, Parish of Bienville, for the consolidated charges of disturbing the peace and resisting an officer. He claims Judge Clayson denied him representation by counsel. He claims his discovery requests were denied. He claims his motions for
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appointment of counsel, for copies and transcripts, for a speedy trial and for a writ of habeas corpus were denied. He claims he was convicted as charged. He claims he was sentenced to six months unsupervised probation on one count and 90 days unsupervised probation on the other count. He claims Judge Clayson ordered the sentences to run consecutively. Plaintiff claims Judge Clayson sentenced him to the maximum sentences and his sentences are excessive.
Plaintiff claims Judge Clayson denied him fundamental fairness during the trial. He claims Judge Falen prejudiced him by allowing Judge Clayson to consolidate the two cases. Plaintiff claims Judge Clayson and Johnathan Stewart prejudiced his case because a key witness was not brought to court.
Plaintiff claims he was illegally convicted in docket # 41369 of resisting an officer because the original charge was for disturbing the peace. Plaintiff claims he was illegally convicted in docket #41519 of disturbing the peace because the conviction was based solely on the testimony of Deputy Bell's brother.
Plaintiff claims he was denied the right to file a writ or appeal the conviction. He claims that on March 10, 2008, he filed a notice of appeal in the Louisiana Second Judicial District Court. He claims Judge Falen denied his motion and therefore denied him access to the court.
Docket 41370
Plaintiff claims that on April 6, 2008, Deputy Jess Ketchem arrested him without a
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warrant for disturbing the peace, resisting an officer, and two counts of public intimidation. He claims Deputy Ketchem wrestled him onto the back of his truck during the arrest and used excessive force. Plaintiff claims his next door neighbor's daughter, Deputy Bell, made the complaint against him. He claims Deputy Ketchem failed to inform him of his intention and cause of arrest.
Plaintiff claims Deputy Terrence Cooper, who is Deputy Bell's brother, booked him into the Bienville Parish Jail. Plaintiff claims that on April 8, 2008, Deputy Cooper sprayed him down and locked him in a cell and took his money. He claims he informed Warden Danny Driskell that Deputy Cooper took his money and that he wanted to file a complaint. Plaintiff claims that for five days, he was in the six foot by six foot drunk tank without running water or a toilet. He claims he was then transferred to the Claiborne Parish Detention Center on April 10, 2008. Plaintiff claims he was denied access to the law library.
Plaintiff claims that on April 8, 2008, he appeared in court for his 72- hour hearing. He claims a 48-hour affidavit was not filed so there was no probable cause determination to keep him in custody. He claims Judge Falen appointed Clay Carrol to represent him and denied him bail.
Plaintiff claims he was denied a detention and bail hearing. He claims he was denied bail for two months and was then granted an excessive bail after the charges were reduced to one count of threatening a public officer. Plaintiff claims he was denied bail because he was on probation in dockets 41369 and 41519. He claims he was remanded to the Claiborne Parish Detention Center where he remained in custody for six months until he was convicted
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on October 8, 2008.
Plaintiff claims that in May 2008, he was arraigned on the charges of threatening a public officer, resisting an officer, and disturbing the peace. He claims he was represented by Clay Carrol and that he refused to represent him. He claims Judge Falen denied him bail and revoked his probation in dockets 41369 and 41519. He claims he was denied a detention and probation hearing. He claims his trial was set for June 4, 2008.
Plaintiff claims that on June 4, 2008, he appeared in court with his attorney Clay Carrol. He claims he requested a continuance because he was not given discovery until the trial date and he had not discussed his defense with his attorney. He claims his attorney Clay Carrol failed to file a motion for speedy trial. Plaintiff claims his motion for continuance was granted but his motion for bail was denied because he was on probation. He claims his trial was continued to July 9, 2008.
Plaintiff claims that on June 6, 2008, he appeared in the Louisiana Second Judicial District Court, Parish of Bienville and requested bail. He claims Judge Falen set his bail at an excessive $62,000 and continued his trial to August 13, 2008.
Plaintiff claims he filed motions for intent to appeal, copies of trial and sentencing transcripts and minutes, and to appoint counsel. He claims Judge Falen denied all of his motions.
Plaintiff claims Judge Clayson denied his application for a writ of habeas corpus regarding his bail amount without a response from the State. He claims he was not transported to court for the July 8, 2008 hearing on his application for a writ of habeas
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corpus. Plaintiff claims Judge Clayson denied his July 21, 2008 motion for a contradictory hearing.
Plaintiff claims that on July 29, 2008, he appeared in the Louisiana Second Judicial District Court, Parish of Bienville, with his attorney Clay Carrol. He claims his trial was continued until August 13, 2008. He claims he objected and requested a speedy trial. He claims his attorney said he would filed a motion.
Plaintiff claims that on August 13, 2008, he appeared in the Louisiana Second Judicial District Court, Parish of Bienville, for trial. He claims he brought the writ of habeas corpus he filed on June 30, 2008, to the court's attention. He claims he was in custody for four months without a hearing.
Plaintiff claims Judge Falen denied him an OR bond, but reduced his bond to $32,000. He claims his trial was set for September 3, 2008 and he remained in custody. He claims he requested a speedy trial and Judge Falen told him to have his attorney file the motion on his behalf.
Plaintiff claims that on August 16, 2008, his attorney filed a motion to appeal the rulings on his writ of habeas corpus and speedy trial motion but withheld these motions from the record. Plaintiff claims that as a result of his attorney's actions, he was denied due process.
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