Washington et al v. State of Louisiana et al

Filing 69

RULING Adopting 65 Report and Recommendations, of the U.S. Magistrate JudgeIT IS ORDERED that plaintiffs motion to strike reply brief (doc.53) is hereby DENIED;IT IS FURTHER ORDERED that defendants motion to dismiss (doc. 25)is granted in part and denied in part as follows:Defendants motion to dismiss is GRANTED as to plaintiffs claims againstthe following defendants in their official capacities: State of Louisiana, Louisiana State Penitentiary, Department of Public Safety and Corrections and the individual defendants Burl Cain, Mary Anne Dubroc, Stayce Rodriguez Menzina-Falgout, Gwen Hardin, L. Bruce Dodd, Donald Barr, Ronald Jett.Defendants motion to dismiss is GRANTED as to plaintiffs federal claimsagainst the following defendants in t heir individual capacities: Burl Cain,Mary Anne Dubroc, Stayce Rodriguez Menzina-Falgout, Gwen Hardin, L. Bruce Dodd, Donald Barr, Ronald Jett.Defendants motion to dismiss is DENIED as to plaintiffs claims under TitleVII against the State of Louisian a, Louisiana State Penitentiary, andDepartment of Public Safety and Corrections.IT IS FURTHER ORDERED that defendants supplemental motion to dismiss (doc.35) is GRANTED as to plaintiffs state law claims against the following individual defendants in their individual capacities: Burl Cain, Mary Anne Dubroc, Stayce Rodriguez Menzina-Falgout, Gwen Hardin, L. Bruce Dodd, Donald Barr, Ronald Jett.IT IS FURTHER ORDERED that all of plaintiffs claims against individual defendants Jennifer Lemoine and Clarion Bay are DISMISSED, without prejudice, pursuant to Rule 4(m) for failure to serve the defendants. Signed by Chief Judge Brian A. Jackson on 09/18/2012. (CGP)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
ROSIE WASHINGTON AND
SHELDON WASHINGTON
CIVIL ACTION
VERSUS
NO. 11-334-BAJ-DLD
STATE OF LOUISIANA, ET AL
RULING
The Court has carefully considered the motion, the record, the law applicable to this
action, and the Report and Recommendation of the United States Magistrate Judge Docia
L. Dalby dated August 21, 2012 (doc. 65), and plaintiffs’ objection filed September 4, 2012
(doc. 67).
Plaintiffs state the same legal arguments and present additional arguments that are
frivolous on their face. The Court hereby approves the report and recommendation of the
magistrate judge and adopts it as the Court’s opinion herein.
Accordingly, IT IS ORDERED that plaintiffs’ motion to strike reply brief (doc.
53) is hereby DENIED;
IT IS FURTHER ORDERED that defendants’ motion to dismiss (doc. 25)
is granted in part and denied in part as follows:

Defendants’ motion to dismiss is GRANTED as to plaintiffs’ claims against
the following defendants in their official capacities:
State of Louisiana, Louisiana State Penitentiary, Department of Public Safety
and Corrections and the individual defendants Burl Cain, Mary Anne Dubroc,
Stayce Rodriguez Menzina-Falgout, Gwen Hardin, L. Bruce Dodd, Donald
Barr, Ronald Jett
Defendants’ motion to dismiss is GRANTED as to plaintiffs’ federal claims
against the following defendants in their individual capacities: Burl Cain,
Mary Anne Dubroc, Stayce Rodriguez Menzina-Falgout, Gwen Hardin, L.
Bruce Dodd, Donald Barr, Ronald Jett.

Defendants’ motion to dismiss is DENIED as to plaintiffs’ claims under Title
VII against the State of Louisiana, Louisiana State Penitentiary, and
Department of Public Safety and Corrections.
IT IS FURTHER ORDERED that defendants’ supplemental motion to dismiss (doc.
35) is GRANTED as to plaintiffs’ state law claims against the following individual
defendants in their individual capacities: Burl Cain, Mary Anne Dubroc, Stayce Rodriguez
Menzina-Falgout, Gwen Hardin, L. Bruce Dodd, Donald Barr, Ronald Jett.
IT IS FURTHER ORDERED that all of plaintiffs’ claims against individual defendants
Jennifer Lemoine and Clarion Bay are DISMISSED, without prejudice, pursuant to Rule
4(m) for failure to serve the defendants.
Baton Rouge, Louisiana, September 18, 2012.

BRIAN A. JACKSON, CHIEF JUDGE
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA