Jackson v. City of Baton Rouge et al

Filing 100

ORDER granting 92 Motion to Dismiss. Signed by Judge John W. deGravelles on 7/30/2020. (KMW)

Case 3:17-cv-00438-JWD-EWD

Document 100

07/30/20 Page 1 of 3

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

SHONTA JACKSON, on behalf of her
minor daughter A.R.

CIVIL ACTION

VERSUS

NO. 17-438-JWD-EWD

CITY OF BATON ROUGE, ET AL.
ORDER
This matter is before the Court on the Motion to Dismiss (Doc. 92) filed by Defendants,
Sid J. Gautreaux, III, in his individual and official capacity as Sheriff of East Baton Rouge Parish
(“Sheriff Gautreaux”) and AIX GROUP, d/b/a NOVA CASUALTY COMPANY (“NOVA”)
(collectively, the “EBRSO Defendants”). Plaintiff “A.R.” filed a response. (Doc. 98.) No reply
was filed. 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.
In its Order (Doc. 67), the Court previously granted in part, denied without prejudice in
part, and deferred in part the EBRSO Defendants’ first Motion to Dismiss (Doc. 34). The Court
dismissed Plaintiff’s claims against Sheriff Gautreaux in his individual capacity and dismissed
nearly all of the claims against Gautreaux in his official capacity. (See Doc. 67 at 1–2.) The Court
also granted the motion as to all state law claims for lack of personal participation. (Doc. 67 at 2.)
The Court deferred ruling on Plaintiff’s official capacity claim in the following respect:
while Plaintiffs have adequately pled a single policy decision that may have been
the moving force of constitutional violations and that was made with deliberate
indifference, limited discovery is needed to determine if Plaintiffs can plead an
underlying constitutional violation by an Individual EBRSO Deputy. Discovery
will be limited to written discovery on the narrow issue of which Individual EBRSO
Deputies (if any) were involved in the alleged constitutional violations.

Case 3:17-cv-00438-JWD-EWD

Document 100

07/30/20 Page 2 of 3

(Doc. 67 at 2.) The Court also deferred ruling on Plaintiff’s conspiracy claims under § 1983 and
§ 1985(3) pending the limited discovery. (Doc. 67 at 2.) The Court denied without prejudice
Plaintiff’s state law claim for civil conspiracy and vicarious liability pending limited discovery.
(Doc. 67 at 2.) Further, the Court granted the motion with respect to NOVA to the same extent it
was granted to Sheriff Gautreaux. (Doc. 67 at 2.) Lastly, the Court gave Plaintiff leave to amend
to cure any deficiencies. (Doc. 67 at 3.)
In Plaintiff’s response to the instant motion, she represents that she engaged in the limited
discovery against the EBRSO Defendants and, afterward, “determined that there were no
additional facts garnered from discovery which she could allege with respect to the liability of the
EBRSO Defendants.” (Doc. 98 at 1–2.) Plaintiff states:
Plaintiff respectfully disagrees with the Court’s oral ruling and written order
dismissing Plaintiff’s Complaint for failure to state a cause of action against Sheriff
Gautreaux in his individual and/or official capacities. However, given that the
Court’s ruling is law of the case, Plaintiff has no further or additional facts to plead
to respond thereto.
(Doc. 98 at 2.)
Considering the Court’s prior ruling and Plaintiff’s concession, Plaintiff cannot state a
viable claim against any Individual EBRSO Deputy. Consequently, all remaining claims against
Sheriff Gautreaux and NOVA must be dismissed.
Accordingly,

Case 3:17-cv-00438-JWD-EWD

Document 100

07/30/20 Page 3 of 3

IT IS ORDERED that the Motion to Dismiss (Doc. 92) filed by Defendants, Sid J.
Gautreaux, III, in his individual and official capacity as Sheriff of East Baton Rouge Parish and
AIX GROUP, d/b/a NOVA CASUALTY COMPANY is GRANTED, and all claims by Plaintiff
A.R. against the EBRSO Defendants are DISMISSED WITH PREJUDICE.
Signed in Baton Rouge, Louisiana, on July 30, 2020.

S

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