Moses v. Mahmoud et al

Filing 24

ORDER ADOPTING 18 REPORT AND RECOMMENDATIONS: IT IS ORDERED that the Motion to Dismiss 14 is GRANTED in part and DENIED in part, as stated herein. Signed by Judge Jane Triche Milazzo on 09/09/2021.(am)

Case 2:20-cv-02361-JTM-KWR Document 24 Filed 09/09/21 Page 1 of 2

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
DAYTREND DENONE MOSES

CIVIL ACTION

VERSUS

NO. 20-2361

MOHAMED MAHMOUD, ET AL.

SECTION “H”(4)
ORDER

The Court, having considered the complaint, the record, the applicable law, the Report and
Recommendation of the Chief United States Magistrate Judge (Doc. 18), and the Objections
thereto, hereby approves the Report and Recommendation of the Chief United States Magistrate
Judge and adopts it as its opinion in this matter. Therefore,
IT IS ORDERED that the Motion to Dismiss (ECF No. 14) filed by defendants, Deputy
Mohamed Mahmoud, Sgt. Darryl Richardson, Lt. Elizabeth Raiford, Deputy Garrett Haun, and
Nurse Juanasha Smith, is GRANTED in part and DENIED in part in the following manner:
The Motion is GRANTED to DISMISS WITH PREJUDICE plaintiff Daytrend DeNone
Moses’s 42 U.S.C. § 1983 claims brought against defendants, Deputy Mahmoud, Sgt. Richardson,
Lt. Raiford, Deputy Haun, and Nurse Smith, each in their official capacity;
The Motion is GRANTED to DISMISS WITH PREJUDICE plaintiff’s § 1983 claims
asserting Eighth Amendment claims of intentional indifference and bystander liability against
defendant Lt. Raiford;
The Motion is DENIED as MOOT to the extent it seeks dismissal of plaintiff’s § 1983
claims under 28 U.S.C. § 1915(e)(2) and otherwise seeks dismissal of plaintiff’s claims already
disposed by the Court’s prior orders;

Case 2:20-cv-02361-JTM-KWR Document 24 Filed 09/09/21 Page 2 of 2

The Motion is DENIED to the extent its seeks qualified immunity from and dismissal of
plaintiff’s § 1983 claims asserting Eighth Amendment claims of intentional indifference and
bystander liability against defendant Sgt. Richardson;
The Motion is DENIED to the extent its seeks to qualified immunity from and dismissal
of plaintiff’s § 1983 claims asserting Eighth Amendment claims of intentional indifference and
excessive force against defendant Deputy Mahmoud.
New Orleans, Louisiana, this 9th day of September, 2021.

____________________________________
JANE TRICHE MILAZZO
UNITED STATES DISTRICT JUDGE

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