Benoit v. Louisiana State Penitentiary et al
Filing 16
RULING Adopting 12 Report and Recommendations of the U.S. Magistrate Judge. The plaintiff's claims asserted against the La State Penitentiary, the La Department of Public Safety and Corrections, and the 20th Judicial District for the State of La are DISMISSED as barred by the Eleventh Amendment to the United States Constitution, the plaintiff's claims asserted against dft Burl Cain are DISMISSED, and the plaintiff's claims asserted pursuant to the Americans with Disabilities Act , 42 U.S.C. § 12101, et seq., are DISMISSED for failure to state a claim upon which relief may be granted. Further this matter is referred back for further proceedings in connection with the plaintiff's claim of excessive force asserted against dft Steven Bernard. Signed by Judge James J. Brady on 03/18/2010. (NLT)
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