Jackson v. City of Baton Rouge et al

Filing 67

ORDER: The 34 Motion to Dismiss is GRANTED IN PART, DENIED WITHOUT PREJUDICE IN PART, and DEFERRED IN PART, as written. Plaintiff's are given leave to amend their complaint to cure the deficiencies. Plaintiff's must file their next amended complaint within thirty (30) days of the completion of the limited discovery. Signed by Judge John W. deGravelles on 9/6/2018. (LLH)

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 comes before the Court on the Motion to Dismiss (Doc. 34) by Sheriff
Gautreaux and Nova, the East Baton Rouge Sheriff’s Office (“EBRSO”) Defendants. Plaintiffs
oppose the motion (Doc. 47), and EBRSO Defendants have filed a reply (Doc. 57). 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 EBRSO Defendants’ motion is GRANTED IN PART, DENIED
WITHOUT PREJUDICE IN PART, and DEFERRED IN PART.
IT IS FURTHER ORDERED that the motion to dismiss the operative complaint for being
an improper shotgun pleading is DENIED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that the claims asserted against Sheriff Gautreaux in his
individual capacity are DISMISSED.

Plaintiffs have failed to adequately allege personal

participation by Gautreaux in the underlying constitutional violations.
IT IS FURTHER ORDERED that, with respect to the claims against Sheriff Gautreaux
in his official capacity, the motion is GRANTED IN PART and DEFERRED IN PART. The
motion is GRANTED in that (a) Plaintiffs have failed to adequately plead a claim for a custom of
unlawful arrest and excessive force, for lack of prior incidents in sufficient number and kind; (b)

Plaintiffs have failed to state a claim for failure to train, supervise, and implement a policy, as
Plaintiffs have failed to adequately plead deliberate indifference through either a pattern of similar
incidents or the narrow single incident exception; and (c) Plaintiffs have failed to state a claim for
ratification liability, as this case does not present the type of extreme situation in which ratification
liability attaches. The motion is DEFERRED in that, 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. The Magistrate Judge will determine what
limited discovery will be allowed for this issue.
IT IS FURTHER ORDERED that, with respect to the claims against Gautreaux for a
conspiracy under § 1983 and § 1985(3), the motion is DEFERRED. While Plaintiffs have
adequately alleged an agreement, the Court will defer ruling until limited discovery has been done
as to any constitutional violation, as outlined above.
IT IS FURTHER ORDERED that, with respect to the state law claims, the motion is
GRANTED IN PART and DENIED WITHOUT PREJUDICE IN PART. The motion is
GRANTED in that all state law torts against Gautreaux are dismissed for lack of personal
participation. The motion is DENIED WITHOUT PREJUDICE, pending the limited discovery
outlined above, with respect to Plaintiffs’ claims against Gautreaux for a civil conspiracy and for
vicarious liability
IT IS FURTHER ORDERED that, to the same extent Plaintiffs’ claims were dismissed
against Gautreaux, Plaintiffs’ claims against Nova are also dismissed.

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IT IS FURTHER ORDERED that, to the extent the motion is granted, Plaintiffs are given
leave to amend their complaint to cure the deficiencies. Plaintiffs must file their next amended
complaint within thirty (30) days of the completion of the limited discovery set forth above.
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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