Hebert v. City of Baton Rouge et al

Filing 192

OPINION: After independently reviewing the entire record in this case and for the reasons set forth in the Magistrate Judge's Report dated August 16, 2017, to which an objection was filed, it is ordered that the 106 Motion to Dismiss for Failure to State a Claim is granted in part and denied in part. Signed by Judge John W. deGravelles on 8/25/2017. (KAH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
MICHAEL HEBERT (#263630)
CIVIL ACTION
VERSUS
NO. 15-850-JWD-RLB
CITY OF BATON ROUGE, ET AL.
OPINION
After independently reviewing the entire record in this case and for the reasons set forth in
the Magistrate Judge's Report dated August 16, 2017, to which an objection was filed:
IT IS ORDERED that the defendants’ Motion to Dismiss (R. Doc. 106) is granted in part,
and the plaintiff’s official capacity claims against defendants Gautreaux and Grimes are dismissed,
with prejudice.
IT IS FURTHER ORDERED that to the extent the plaintiff is asserting a claim against
defendants Gautreaux and Grimes in their individually capacities for failure to provide a
constitutionally adequate medical system, that the Motion is granted to dismiss said claim with
prejudice.
IT IS FURTHER ORDERED that in all other regards, the defendants’ Motion (R. Doc.
106) is denied.
Signed in Baton Rouge, Louisiana, on August 25, 2017.

S

JUDGE JOHN W. deGRAVELLES
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA