Wooten v. New Orleans City et al

Filing 40

ORDER and REASONS granting 37 Motion for Summary Judgment, as stated within document. Signed by Judge Kurt D. Engelhardt on 9/10/2012. (cab)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA HENNIE WOOTEN CIVIL ACTION VERSUS NO. 11-0145 THE CITY OF NEW ORLEANS, ET AL SECTION “N”(3) ORDER AND REASONS Before the Court is the “Motion for Summary Judgment” (Rec. Doc. 37), filed by Defendants the City of New Orleans, Mayor Mitch Landrieu, Superintendent Ronal Serpas, and Officer Randolph Daniel (“Defendants”). The Court has pre-tried the case and discussed this motion with counsel. Plaintiff expressly does not oppose summary judgment on the remaining battery claim following the Court’s Order of August 20, 2012 granting Defendants’ Motion to Dismiss (Rec. Doc. 32). Further, it appears to the Court that the motion has merit. Accordingly, IT IS ORDERED that Defendants’ Motion for Summary Judgement is GRANTED. The remaining state law battery claim against Officer Daniel is dismissed. New Orleans, Louisiana, this 10th day of September 2012. __________________________________ KURT D. ENGELHARDT United States District Judge 1

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