Deshotels v. Norsworthy

Filing 75

AMENDED MEMORANDUM RULING re 62 MOTION for Summary Judgment: Accordingly, all claims against the deputies in addition to the previously dismissed claims against the Sheriff will be dismissed with prejudice. This disposes of all the Plaintffs' 42 U.S.C. 1983 claims against the Sheriff and his deputies. Signed by Judge James T Trimble, Jr on 3/11/10. (crt,Kennedy, T)

IN ALEXANDRIA, LA.

RECEIVED

iiA~ 112010
TONY R. ~4pO~, CLERK
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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAKE CHARLES DIVISION

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`DEPUTY

ANN DESHOTELS VS. GREGORY PAUL NORS WORTHY :

DOCKET NO. 08-1378 JUDGE TRIMBLE MAGISTRATE JUDGE KAY

AMENDED MEMORANDUM RULING In the Memorandum Ruling dated March 8, 2010, regarding the 42 U.S.C.

§ 1983 claims, the

Court failed to note that Deputies Marshall and Miller have only been sued in their official capacities. An official capacity suit is the equivalent of a suit against the entity ofwhich the officer is an agent.1 Such a case requires Monell proofof a custom or policy adopted by the Sheriff's office to constitute an official policy or custom as the cause of a constitutional deprivation.2 As noted above, Marshall and Miller are sued only in their official capacity, as well as the Sheriff. Plaintiff has failed to present any evidence of an official sanctioned policy, custom or practice made by the officials responsible for establishing final policy with respect to the subject matter in question. Accordingly, all claims against the deputies in addition to the previously dismissed claims against the Sheriff will be dismissed with prejudice. This disposes of all of Plaintiffs' 42 U.S.C.

§ 1983 claims against the Sheriff and his deputies.

The Judgment signed on March 8, 2010 will be amended accordingly. Kentucky v. Graham, 473 U.S. 159, 105 S.Ct. 3099 (1985).
2

Turner v. Houma Municipal Fire & Police Civil Service Brd., 229 F.3d 478, fn. 10 (5th

Cir. 2000).

THUS DONE AND SIGNED in Chambers at Lake Charles, Louisiana, this I March, 2010.

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day of

JA~~.~MBLE, JR. UNITED STATES DISTRICT JUDGE

2