Richard Gallegos, Jr. v. State of Louisiana Code of Criminal Procedures Art. 658 Paragraph a and C(4)

Pro se plaintiff Richard Gallegos, Jr. brought a declaratory judgment action in the United States District Court for the Eastern District of Louisiana seeking a finding that article 658, paragraphs A and C(4), of the Louisiana Code of Criminal Procedure is unconstitutional. Following the instigation of this action, Gallegos was committed to a Louisiana state mental hospital pursuant to the challenged provision. Gallegos, acting pro se, mistakenly named the code provision as the defendant in his declaratory judgment action. Based upon this procedural error, the district court dismissed…