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)

Download PDF
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 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?