Bacon v. Zeringue

Filing 40

OPINION Adopting 37 Report and Recommendation of the U.S. Magistrate Judge. The 14 Motion to Dismiss is granted in part, dismissing any claims against defendants Zeringue and Montandon in their official capacities for monetary damages. Plaintiff& #039;s claim against defendant Montandon is dismissed with prejudice. Defendant's Motion is denied as to the plaintiff's excessive force claim against defendant Zeringue, and the plaintiff's request for compensatory damages. The Court declines the exercise of supplemental jurisdiction in connection with the plaintiff's potential state law claims. Signed by Judge John W. deGravelles on 7/6/2017. (SGO)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
DWIGHT BACON (#556894)

CIVIL ACTION

VERSUS
NO. 16-220-JWD-RLB
MAJOR BENJAMIN ZERINGUE, ET AL.

OPINION
After independently reviewing the entire record in this case and for the reasons set
forth in Magistrate Judge's Report dated June 21, 2017, to which no objection was filed:
IT IS ORDERED that the defendants’ Motion to Dismiss (R. Doc. 14) is granted in
part, dismissing any claims against defendants Zeringue and Montandon in their official
capacities for monetary damages.
IT IS FURTHER ORDERED that the plaintiff’s claim against defendant Montandon
is dismissed with prejudice.
IT IS FURTHER ORDERED that the defendants’ Motion to Dismiss is denied as
to the plaintiff’s excessive force claim against defendant Zeringue, and the plaintiff’s request
for compensatory damages.
IT IS FURTHER ORDERED that the Court decline the exercise of supplemental
jurisdiction in connection with the plaintiff’s potential state law claims.
Signed in Baton Rouge, Louisiana, on July 6, 2017.

S

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