Hardesty v. Freeman et al

Filing 6

RULING granting 3 Motion to Dismiss for Failure to State a Claim, dismissing the claims against Defendants Gautreaux, Henning, and Hotard. Signed by Judge James J. Brady on 6/18/2015. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
LARRY HARDESTY
CASE NO. 15-cv-240-JJB-SCR
VERSUS
MARTY FREEMAN, ET AL.

RULING ON MOTION TO DISMISS
Defendants, Sheriff Gautreaux, Deputy Henning, and Deputy Hotard, move for this Court
to dismiss Plaintiff’s complaint for failure to state a claim. Three of the four named Defendants
are also movants to this motion to dismiss. Named Defendant Deputy Sergeant Marty Freeman is
not a movant to this motion. In asserting factual allegations, Plaintiff only asserts factual matter
as to non-movant, Defendant Freeman (doc. 1-3, at 2). Other than naming the three remaining
Defendants, there is no factual matter regarding action or inaction of the movants asserted.
Additionally, with regard to Sheriff Gautreaux, Plaintiff does not point to any policy or
procedure that would allow any claim against Sheriff Gautreaux in his official capacity to
proceed. Plaintiff has not filed any opposition to indicate that an amended complaint would cure
these defects.
For the reasons more fully explained in the Defendants’ Motion (doc. 3) to Dismiss, the
motion is GRANTED, dismissing the claims against Defendants Gautreaux, Henning, and
Hotard.
Signed in Baton Rouge, Louisiana, on June 18, 2015.

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JUDGE JAMES J. BRADY
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
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