Hart v. Gusman (USA)

Karen Wells Roby, a United States Magistrate Judge, has granted Mark Hart’s Motion for Leave to File First Amended Complaint, filed December 9, 2015.  The original complaint alleged that Hart’s constitutional rights had been violated while he was an inmate at the Elayn Hunt Correctional Center in St. Gabriel, Louisiana, “by the violent conditions in the Orleans Parish Prison system, which led to him being raped and assaulted by other inmates as a result of his cell placement within the prison and other actions of the prison officials.”  In September 2015 Roby issued a Partial Report and Recommendation, recommending “that Hart’s claims against Sheriff Gusman and Chief Weaver be dismissed with prejudice as frivolous and otherwise for failure to state a claim for which relief can be granted.”  The amended complaint offers new legal arguments and additional specific factual allegations against Sheriff Gunsman, Colonel Cole, and Deputies Joseph and Short.

Gusman Opinion.