Newberger v. Davidson
Filing
10
ORDER AND REASONS granting 6 Motion to Dismiss for Failure to State a Claim. Signed by Chief Judge Sarah S. Vance on 4/30/14. (jjs)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
JOAN NEWBERGER
CIVIL ACTION
VERSUS
NO: 13-6548
MARIA DAVIDSON, LOUISIANA
DEPARTMENT OF WILDLIFE AND
FISHERIES
ORDER AND REASONS
SECTION: R
Defendant Maria Davidson, in her official capacity as an
employee of the Louisiana Department of Wildlife and Fisheries
("LDWF"), and the LDWF1 have filed a motion to dismiss plaintiff
Joan Newberger's claims asserting violations of her rights under
the Fourth, Fifth, and Fourteenth Amendments to the U.S.
Constitution.2 Defendants argue that plaintiff's complaint must
be dismissed because (1) the claims are time-barred by the oneyear statute of limitations applicable to Section 1983 claims
arising in Louisiana, (2) the claims are barred by res judicata,
(3) the plaintiff has failed to state a claim on which relief can
be granted, and (4) the LDWF, and Maria Davidson acting in her
official capacity as an employee of the LWDF, are entitled to
sovereign immunity from suit in federal court.
This Court previously dismissed a separate suit brought by
the plaintiff, which asserted violations of the Americans with
1
It is not clear from plaintiff's complaint whether she
intended to name only Maria Davidson in her official capacity as
a defendant, or whether she intended to name both Davidson and
the LDWF.
2
R. Doc. 6-1.
Disabilities Act based on the same set of facts. See Newberger v.
Louisiana Dept. of Wildlife and Fisheries, CIV.A. 11-2996, 2012
WL 3579843 (E.D. La. Aug. 17, 2012) ("Newberger I"). Plaintiff
then filed a second suit, which was allotted to Section H of this
Court, asserting her Fourth, Fifth, and Fourteenth Amendment
claims. Judge Jane Triche Milazzo dismissed plaintiff's claims
with prejudice as barred by the one-year statute of limitations
governing Section 1983 claims arising in Louisiana. See Newberger
v. Davidson, CIV.A. 12-2360, 2013 WL 3804720 (E.D. La. July 19,
2013) ("Newberger II"). Plaintiff then filed her complaint in the
present case asserting substantially the same claims.3
The Court need not address defendants' arguments that
plaintiff's claims are barred by res judicata or sovereign
immunity or that they otherwise fail to state a claim.
The
claims remain barred by the statue of limitations for the reasons
articulated by Judge Milazzo in Newberger II.
Accordingly, the Court GRANTS defendants' motion and
dismisses plaintiff's complaint with prejudice.
New Orleans, Louisiana, this 30th day of April, 2014.
___
_________________________________
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE
3
R. Doc. 1; R. Doc. 5.
2
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