McKey v. August et al

Filing 23

ORDER AND REASONS GRANTING 22 MOTION to Dismiss for Failure to State a Claim . St. John the Baptist Parish Sheriff's Office terminated. Signed by Judge Martin L.C. Feldman on 10/3/16.(clc)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

SUSAN DILLARD McKEY

CIVIL ACTION

v.

NO. 16-13642

ROBERTA ZENO AUGUST, ET AL.

SECTION "F"

ORDER AND REASONS
Local Rule 7.5 of the Eastern District of Louisiana requires
that memoranda in opposition to a motion be filed eight days prior
to the noticed submission date.

No memoranda in opposition to St.

John the Baptist Parish Sheriff’s Office’s motion to dismiss
pursuant to Rule 12(b)(6), noticed for submission on October 5,
2016, has been submitted.
Accordingly, because the motion is unopposed, and further, it
appearing to the Court that the motion has merit, 1 IT IS ORDERED:
that St. John the Baptist Parish Sheriff’s Office’s motion to
dismiss is hereby GRANTED as unopposed.

Because St. John the

Baptist Parish Sheriff’s Office is not a legal entity capable of

Because Louisiana law affords no legal status to a parish’s
sheriff department, it is not a legal entity capable of being sued.
See Roy v. Orleans Parish Sheriff’s Office, No. 2009 WL 4730697
(E.D. La. Dec. 4, 2009)(citing Liberty Mut. Ins. Co. v. Grant
Parish Sheriff’s Dep’t, 350 So.2d 236 (La.Ct.App. 1977), writ
refused, 352 So.2d 235 (La. 1977)).
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1

being sued, the plaintiff's claim against St. John the Baptist
Sheriff’s Office is hereby dismissed.

New Orleans, Louisiana, October 3, 2016

_____________________________
MARTIN L. C. FELDMAN
UNITED STATES DISTRICT JUDGE

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