Smith et al v. City of Baton Rouge et al

Filing 119

ORDER granting in part, denying in part, and deferring in part 45 MOTION for Summary Judgment. LSA Defendants shall have seven (7) days from this ruling to supplement the record with affidavits that are properly notarized and that have the correct date. The substance of the affidavits must otherwise remain the same. Signed by Judge John W. deGravelles on 9/6/2018. (SGO) Modified on 9/6/2018 to correct typo (SGO).

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
NIKOLE SMITH, ET AL.
CIVIL ACTION
VERSUS
NO. 17-436-JWD-EWD
CITY OF BATON ROUGE, ET AL.
ORDER
This matter comes before the Court on the Motion for Summary Judgment (Doc. 45) filed
by the Louisiana Sheriff’s Association (“LSA”) Defendants. Plaintiffs oppose the motion (Doc.
54), and LSA Defendants have filed a reply (Doc. 61). Oral argument was heard today. The Court
has carefully considered the law, the facts in the record, and the arguments and submissions of the
parties and is prepared to rule. For oral reasons to be assigned,
IT IS ORDERED that LSA Defendants’ motion is GRANTED IN PART, DENIED
WITHOUT PREJUDICE IN PART, and DEFERRED IN PART.
IT IS FURTHER ORDERED that the motion is GRANTED as to the § 1983 claims
against Hurst and Cazes in their individual capacity, as Plaintiffs have failed to allege any personal
participation by them in the alleged constitutional violations.
IT IS FURTHER ORDERED that the motion is DEFERRED as to the § 1983 and
§ 1985(3) conspiracy claims against Hurst and Cazes pending limited written discovery on the
narrow issue of which individual defendants (if any) were involved in the alleged constitutional
violation. The Magistrate Judge will determine what limited discovery will be allowed for this
issue.
IT IS FURTHER ORDERED that the motion is GRANTED as to the § 1983 official
capacity claim against the LSA for lack of an underlying constitutional violation.

IT IS FURTHER ORDERED that the motion is GRANTED as to the state law claims
allegedly committed by Hurst and Cazes in their individual capacity, but DENIED WITHOUT
PREJUDICE as to any claim of vicarious liability against them.
IT IS FURTHER ORDERED that, to the extent the motion was granted, Plaintiffs are
given leave to amend to cure the deficiencies of the operative complaint. Plaintiffs must file their
next amended complaint within thirty (30) days of the completion of the limited discovery set forth
above.
IT IS FURTHER ORDERED that LSA Defendants shall have seven (7) days from this
ruling to supplement the record with affidavits that are properly notarized and that have the correct
date. The substance of the affidavits must otherwise remain the same.
Signed in Baton Rouge, Louisiana, on September 6, 2018.

S

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

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