Collins v. Louisiana State et al

Filing 27

ORDER & REASONS granting 5 Motion to Dismiss for Failure to State a Claim; granting 7 Motion to Dismiss for Lack of Jurisdiction; granting 10 Motion to Dismiss for Failure to State a Claim. Party Washington Parish Sheriff Office, Louisiana State and Robertson Oil Company, Inc. dismissed. Signed by Chief Judge Kurt D. Engelhardt on 6/7/2017. (mmm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
ELEANOR COLLINS

CIVIL ACTION

VERSUS

NO. 16-14984

A.I.S., INC. OF MASSACHUSETTS

SECTION "N" (1)

ORDER AND REASONS
Presently before the Court are motions to dismiss filed by various defendants herein.
Having carefully considered the parties' submissions, applicable law, and the record in this matter,
IT IS ORDERED that:
(1) The motion to dismiss (Rec. Doc. 5) filed by Defendant Robertson Oil Company, Inc.
("Robertson"), is GRANTED for essentially the reasons stated by that defendant in its supporting
memorandum (Rec. Doc. 5-1). Plaintiff fails to allege facts from which a reasonable inference
could be drawn that Robertson is a state actor for purposes of 42 U.S.C. §1983. Accordingly,
Plaintiff's claims against it are dismissed with prejudice.
(2) The motion to dismiss filed by Defendant State of Louisiana (Rec. Doc. 7) is GRANTED
for essentially the reasons stated by that defendant in its supporting memorandum (Rec. Doc. 7-1).
Specifically, Plaintiff fails to allege facts or law that would warrant a conclusion that the State of
Louisiana has consented to this suit or waived its sovereign immunity relative to §1983 claims.
(3) The motion to dismiss filed by Defendant Washington Parish Sheriff's Office (Rec. Doc.
10) is GRANTED for essentially the reasons stated by that defendant in its supporting memorandum

(Rec. Doc. 10-1). Although a sheriff may be subject to suit pursuant to § 1983, the Washington
Parish Sheriff's Office lacks the legal capacity necessary to be sued.
New Orleans, Louisiana, this 7th day of June 2017.

_____________________________________
KURT D. ENGELHARDT
United States District Judge

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