Fitch v. Terrebonne Parish Correctional Justice Complex
ORDER ADOPTING REPORT AND RECOMMENDATIONS, Rec. Doc. 12 . IT IS THEREFORE ORDERED that Larry James Fitch's § 1983 claims against Terrebonne Parish Criminal Justice Complex are DISMISSED WITH PREJUDICE as frivolous and otherwise for failure to state a claim for which relief can be granted under 28 U.S.C. § 1915, § 1915A, and 42 U.S.C. § 1997e. Signed by Judge Jane Triche Milazzo on 4/10/2018.(sa)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
LARRY JAMES FITCH
TERREBONNE PARISH CORRECTIONAL
NO. 17- 02120
SECTION “H” (4)
The Court, having considered the complaint, the record, the applicable law, the Report and
Recommendation of the United States Magistrate Judge, Petitioner’s objections to the Magistrate
Judge=s Report and Recommendation, and Petitioner’s amendment naming Warden Triche as a
defendant hereby approves the Report and Recommendation of the United States Magistrate Judge
and adopts it as its opinion in this matter.
The Magistrate Judge=s Report and Recommendation recommended dismissal on two
grounds: first, that Petitioner named a jail building as defendant, rather than a person as required
by 42 U.S.C. § 1983; and second, that even if the correct party were named as defendant,
Petitioner’s slip and fall claim was not actionable under § 1983. This Court granted Petitioner leave
to amend his Complaint to name a proper defendant. Petitioner has not, however, addressed the
substantive deficiencies of his Complaint. “Section 1983 imposes liability for violations of rights
protected by the Constitution, not for violations of duties of care arising out of tort law.” Baker v.
McCollan, 443 U.S. 137, 146 (1979). The action filed by Petitioner fails to allege the violation of
a Constitutional right.
IT IS THEREFORE ORDERED that Larry James Fitch’s § 1983 claims against
Terrebonne Parish Criminal Justice Complex are DISMISSED WITH PREJUDICE as frivolous
and otherwise for failure to state a claim for which relief can be granted under 28 U.S.C. § 1915,
§ 1915A, and 42 U.S.C. § 1997e.
New Orleans, Louisiana, this 10th day of April, 2018.
UNITED STATES DISTRICT JUDGE
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