Scott v. State of Louisiana et al

Filing 44

ORDER AND REASONS: Granting 37 Motion to Dismiss for Failure to State a Claim. Scott's claims against the Defendants St. Charles Parish, Wendy Benedetto and Paul J. Hogan are DISMISSED. Signed by Judge Jay C. Zainey on 6/1/2020. (ajn)

Case 2:20-cv-00043-JCZ-DMD Document 44 Filed 06/03/20 Page 1 of 2

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
VANCE SCOTT, SR.

CIVIL ACTION

VERSUS

NO. 20-43

STATE OF LOUISIANA, ET AL.

SECTION “A” (3)

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 of the
motion. Here, the Plaintiff Vance Scott failed to file any memoranda in opposition to the
Motion to Dismiss (Rec. Doc. 37) filed by the Defendants the Parish of St. Charles,
Wendy Benedetto, and Paul J. Hogan. This Motion was scheduled for consideration on
May 27, 2020.
In addition to being unopposed, the Court concludes that this motion has merit. In
his Complaint, Scott brings a 42 U.S.C. § 1983 claim against St. Charles Parish and
against Councilwoman Benedetto and former Councilman Hogan. However, Scott’s
Complaint is devoid of any factual allegations that would support a § 1983 claim against
any of these Defendants. For instance, Scott failed to allege that there was a custom or
policy implemented by the Parish or by any council members that violated his
constitutional rights as required by Monell v. Department of Social Services, 436 U.S. 658
(1978). Moreover, Scott’s claims against the two council members in their individual
capacities are barred by the doctrine of qualified immunity.
Accordingly;
IT IS ORDERED that the Motion to Dismiss (Rec. Doc. 37) filed by the
Defendants the Parish of St. Charles, Wendy Benedetto, and Paul J. Hogan is
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Case 2:20-cv-00043-JCZ-DMD Document 44 Filed 06/03/20 Page 2 of 2

GRANTED. Scott’s claims against the Defendants the Parish of St. Charles, Wendy
Benedetto, and Paul J. Hogan are DISMISSED.
.
June 1, 2020

_________________________________
JUDGE JAY C. ZAINEY
UNITED STATES DISTRICT JUDGE

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