Batiste v. Gusman et al
Filing
26
ORDER AND REASONS ADOPTING PARTIAL REPORT AND RECOMMENDATIONS 24 : Batiste's § 1983 claims arising from the alleged negligence of the defendants are DISMISSED WITH PREJUDICE as frivolous and for otherwise failing to state a claim on whi ch relief may be granted. FURTHER, Batiste's § 1983 claims against Gardner are DISMISSED WITH PREJUDICE as frivolous and for otherwise failing to state a claim on which relief may be granted. FURTHER, the matter otherwise remains referred to the Magistrate Judge for further proceedings. Signed by Chief Judge Sarah S. Vance on 11/20/2013.(mmm)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
NEVILLE BATISTE
CIVIL ACTION
VERSUS
NO: 13-96
SHERIFF MARLIN N. GUSMAN, et al.
SECTION: R(4)
ORDER AND REASONS
Before the Court is plaintiff Neville Batiste's complaint,1
the Magistrate Judge’s Partial Report and Recommendation,2 and
Batiste's objection to the Partial Report and Recommendation.3
The Court, having reviewed de novo the petition, the record, the
applicable law, the Magistrate Judge's Partial Report and
Recommendation, and Batiste's objection to the Partial Report and
Recommendation, hereby approves the report and adopts it as its
opinion, with the addition of the following discussion.
The Magistrate Judge makes two recommendations. First, she
recommends that Batiste's § 1983 claims based on allegations of
negligence be dismissed, since it is well established that § 1983
liability must be based on more than mere negligence. See Daniels
v. Williams, 474 U.S. 327, 333 (1986). Batiste objects to this
recommendation, arguing that his § 1983 claim is based on
allegations of deliberate indifference, not negligence.4 On its
face, however, Batiste's complaint alleges both negligence and
1
R. Doc. 1.
2
R. Doc. 24.
3
R. Doc. 25.
4
Id. at 4.
deliberate indifference as grounds for § 1983 liability.5 Thus,
the Court reads Batiste's complaint as alleging both § 1983
liability based on negligence and § 1983 liability based on
deliberate indifference. The Court agrees with the Magistrate
Judge that Batiste's § 1983 claims based on allegations of
negligence must be dismissed.
The Magistrate Judge's second recommendation is that
Batiste's § 1983 claims against defendant Courtney Gardner, a
fellow prisoner, be dismissed. Batiste makes no objection to this
recommendation.
Accordingly,
Batiste's § 1983 claims arising from the alleged negligence
of the defendants are DISMISSED WITH PREJUDICE as frivolous and
for otherwise failing to state a claim on which relief may be
granted.
Batiste's § 1983 claims against Gardner are DISMISSED WITH
PREJUDICE as frivolous and for otherwise failing to state a claim
on which relief may be granted.
The matter otherwise remains referred to the Magistrate
Judge for further proceedings.
20th
New Orleans, Louisiana, this _____ day of November, 2013.
_____________________________________
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE
5
R. Doc. 1 at 3-4.
2
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