Sencial v. Lopinto et al

Filing 20

ORDER ADOPTING 18 PARTIAL REPORT AND RECOMMENDATIONS 18 , as set forth herein. ORDERED that plaintiff Steven Jay Sencials 42 U.S.C. § 1983 claims against certain defendants addressed under his claims and related state law medical indifferen ce, malpractice, intentional infliction of emotional distress, negligence, and respondeat superior claims, are DISMISSED WITHOUT PREJUDICE.FURTHER ORDERED that Sencials § 1983 claims of false imprisonment and delayed release, and his related sta te law claims of false imprisonment, negligence, intentional infliction of emotion distress, and respondeat superior liability against Deputy L. Preatto and Sheriff Lopinto, in his official and individual capacities, as asserted in Incident No. 4, are DISMISSED WITH PREJUDICE.FURTHER ORDERED that Sencials § 1983 medical indifference and violation of ADA claims and his related state law claims of malpractice, negligence, and intentional infliction of emotional distress, against certain def endants and his state law respondeat superior liability claim against CorrectHealth Jefferson, LLC, as addressed under Incidents Nos. 1 and 3, and not already dismissed as malicious, SHALL proceed forward and remain referred to the Magistrate Judge f or further pretrial proceedings. FURTHER ORDERED that Sencials § 1983 medical indifference and excessive force claims and state law claims of negligence and intentional infliction of emotional distress against Deputy Jody Lee Banks, and his rel ated claims of respondeat superior liability against Sheriff Lopinto, addressed under Incident No. 2, SHALL proceed forward and remain referred to the Magistrate Judge for further pretrial proceedings. Signed by Judge Jay C. Zainey on 5/8/2024.(jls) (NEF: Mag 4)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
STEVEN JAY SENCIAL

CIVIL ACTION

VERSUS

NO. 23-3351

JEFFERSON PARISH SHERIFF
JOSEPH LOPINTO, III, ET AL.

SECTION “A”(4)

ORDER
The Court, having considered the complaint, the record, the applicable law, the Partial
Report and Recommendation of the United States Magistrate Judge, and the failure of any party
to file an objection to the Magistrate Judge’s Partial Report and Recommendation, hereby approves
the Magistrate Judge’s Partial Report and Recommendation and adopts it as its opinion in this
matter. Accordingly;
IT IS ORDERED that plaintiff Steven Jay Sencial’s 42 U.S.C. § 1983 claims against
defendants Sheriff Joseph Lopinto, III, in his official and individual capacities, CorrectHealth
Jefferson, LLC, Clara McKinley, LPN, Dr. Lumbar, Dr. Juanita Alexander-Sallier, and Dr. Philip
W. Nowlin, addressed under his claims titled “General Jail Conditions Following May 23, 2022
Arrest”, “Incident No. 2 – Medical Care After September 1, 2022, Fight with Another Inmate and
Use of Excessive Force by Deputy,” and “Incident No. 1 – Medical care for Ongoing Ailments in
June, 2022,” and related state law medical indifference, malpractice, intentional infliction of
emotional distress, negligence, and respondeat superior claims, are DISMISSED WITHOUT
PREJUDICE pursuant to 28 U.S.C. § 1915(e), § 1915A as malicious and duplicitous of the
federal and state law claims pending in Civ. Action 22-4235“O”(1).
IT IS FURTHER ORDERED that Sencial’s § 1983 claims of false imprisonment and
delayed release, and his related state law claims of false imprisonment, negligence, intentional

infliction of emotion distress, and respondeat superior liability against Deputy L. Preatto and
Sheriff Lopinto, in his official and individual capacities, as asserted in Incident No. 4, are
DISMISSED WITH PREJUDICE pursuant to § 1915(e) and § 1915A as frivolous and otherwise
fail to state a claim for which relief can be granted.
IT IS FURTHER ORDERED that Sencial’s § 1983 medical indifference and violation
of ADA claims and his related state law claims of malpractice, negligence, and intentional
infliction of emotional distress, against Dr. Alexander-Sallier, Dr. Nowlin, and Nurse McKinley,
and his state law respondeat superior liability claim against CorrectHealth Jefferson, LLC, as
addressed under Incidents Nos. 1 and 3, and not already dismissed as malicious, SHALL proceed
forward and remain referred to the Magistrate Judge for further pretrial proceedings.
IT IS FURTHER ORDERED that Sencial’s § 1983 medical indifference and excessive
force claims and state law claims of negligence and intentional infliction of emotional distress
against Deputy Jody Lee Banks, and his related claims of respondeat superior liability against
Sheriff Lopinto, addressed under Incident No. 2, SHALL proceed forward and remain referred to
the Magistrate Judge for further pretrial proceedings.
New Orleans, Louisiana, this 8th day of May, 2024.

____________________________________
UNITED STATES DISTRICT JUDGE

CLERK TO SEND NEF to Magistrate Judge Roby

2