Banks v. LeBlanc et al

Filing 44

OPINION Adopting the 42 Report and Recommendation of the U.S. Magistrate Judge.The Court declines to exercise supplemental jurisdiction relativeto Plaintiffs potential state law claim. The 36 Motion for Judgment on the Pleadings is granted in part, dismissing with prejudice the plaintiffs § 1983 claims asserted against Defendants LeBlanc, Vannoy, and Falgout in their individual and official capacities. Plaintiffs claims for monetary damages against Lamartiniere, Lavespere, an d Toce in their official capacities are dismissed with prejudice. Plaintiffs claims for accommodations under the Americans with Disabilities Act against Falgout, Lamartiniere, Lavespere, and Toce are dismissed with prejudice. The 36 M otion for Judgment on the Pleadings is OTHERWISE DENIED and that this matter is referred to the Magistrate Judge for further proceedings in connection with Plaintiffs claim for monetary damages and declaratory and injunctive relief asserted again st Lamartiniere, Lavespere, and Toce in their individual capacities for the alleged violations of the Plaintiffs constitutional rights through deliberate indifference to his serious medical needs and Plaintiffs claims regarding accommodations arising under the Americans with Disabilities Act against LeBlanc and Vannoy, as representatives of the Department of Corrections and Louisiana State Penitentiary, respectively. Signed by Judge John W. deGravelles on 3/11/2019. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
MATT BANKS (#116002)
CIVIL ACTION
VERSUS
NO. 16-0649-JWD-EWD
JAMES M. LeBLANC, 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 February 21, 2019, to which an opposition was
filed;
IT IS ORDERED that the Court declines to exercise supplemental jurisdiction relative
to Plaintiff’s potential state law claims.
IT IS FURTHER ORDERED that the Motion for Judgment on the Pleadings (Doc.
36) is granted in part, dismissing with prejudice the plaintiff’s § 1983 claims asserted against
Defendants LeBlanc, Vannoy, and Falgout in their individual and official capacities.
IT IS FURTHER ORDERED that Plaintiff’s claims for monetary damages against
Lamartiniere, Lavespere, and Toce in their official capacities are dismissed with prejudice.
IT IS FURTHER ORDERED that Plaintiff’s claims for accommodations under the
Americans with Disabilities Act against Falgout, Lamartiniere, Lavespere, and Toce are
dismissed with prejudice.
IT IS FURTHER ORDERED that the Motion for Judgment on the Pleadings is
OTHERWISE DENIED and that this matter is referred to the Magistrate Judge for further
proceedings in connection with Plaintiff’s claim for monetary damages and declaratory and
injunctive relief asserted against Lamartiniere, Lavespere, and Toce in their individual

capacities for the alleged violations of the Plaintiff’s constitutional rights through deliberate
indifference to his serious medical needs and Plaintiff’s claims regarding accommodations
arising under the Americans with Disabilities Act against LeBlanc and Vannoy, as
representatives of the Department of Corrections and Louisiana State Penitentiary,
respectively.
Signed in Baton Rouge, Louisiana, on March 11, 2019.

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