Hooker et al v. Campbell et al

Filing 25

JUDGMENT ADOPTING 20 Report and Recommendation of the Magistrate Judge. IT IS ORDERED, ADJUDGED, AND DECREED that the Motion for Partial Dismissal (Doc. 5) filed by the Franklin Parish defendants is granted as follows: (1) Plaintiffs may not ass ert demands on behalf of other residents of their neighborhood; (2) all official capacity claims under 42 U.S.C. § 1983 against the members of the Franklin Parish Police Jury (Ricky Campbell, K.W. Parks, Larry Wheeler, Samantha Sam Wiggins, J ames Harris, and W.H. Robinson) are dismissed without prejudice; (3) all individual capacity claims under 42 U.S.C. § 1983, 42 U.S.C. § 1981, and Title VI against the members of the Franklin Parish Police Jury (Ricky Campbell, K.W. Parks, Larry Wheeler, Samantha Sam Wiggins, James Harris, and W.H. Robinson) are dismissed with prejudice; (4) all claims against the Franklin Parish Police Jury for punitive damages under 42 U.S.C. § 1983 are dismissed with prejudice; (5) any clai m under the Fair Housing Act is dismissed without prejudice; and (6) all claims against the Franklin Parish Police Jury that are asserted under 42 U.S.C. § 1981 are dismissed with prejudice. All claims against the members of the police jury ( Ricky Campbell, K.W. Parks, Larry Wheeler, Samantha Sam Wiggins, James Harris, and W.H. Robinson) have been resolved, so the Clerk of Court is directed to terminate them as parties to the case. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Motion for Partial Dismissal (Doc. 13) filed by Kenneth McManus and McManus Consulting Engineers is granted as follows: (1) all Title VI claims against Kenneth McManus are dismissed with prejudice ; and (2) all claims against Kenneth McManus and McManus Consulting Engineers that are asserted under 42 U.S.C. § 1981 are dismissed with prejudice. Signed by Judge Robert G James on 11/22/16. (crt,DickersonSld, D)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION RUBY HOOKER, ET AL CIVIL ACTION NO. 16-cv-0229 VERSUS JUDGE JAMES RICKY CAMPBELL, ET AL MAGISTRATE JUDGE HORNSBY JUDGMENT For the reasons assigned in the Report and Recommendation of the Magistrate Judge previously filed herein, and having thoroughly reviewed the record, including the written objections filed, and concurring with the findings of the Magistrate Judge under the applicable law; IT IS ORDERED, ADJUDGED, AND DECREED that the Motion for Partial Dismissal (Doc. 5) filed by the Franklin Parish defendants is granted as follows: (1) Plaintiffs may not assert demands on behalf of other residents of their neighborhood; (2) all official capacity claims under 42 U.S.C. § 1983 against the members of the Franklin Parish Police Jury (Ricky Campbell, K.W. Parks, Larry Wheeler, Samantha “Sam” Wiggins, James Harris, and W.H. Robinson) are dismissed without prejudice; (3) all individual capacity claims under 42 U.S.C. § 1983, 42 U.S.C. § 1981, and Title VI against the members of the Franklin Parish Police Jury (Ricky Campbell, K.W. Parks, Larry Wheeler, Samantha “Sam” Wiggins, James Harris, and W.H. Robinson) are dismissed with prejudice; (4) all claims against the Franklin Parish Police Jury for punitive damages under 42 U.S.C. § 1983 are dismissed with prejudice; (5) any claim under the Fair Housing Act is dismissed without prejudice; and (6) all claims against the Franklin Parish Police Jury that are asserted under 42 U.S.C. § 1981 are dismissed with prejudice. All claims against the members of the police jury (Ricky Campbell, K.W. Parks, Larry Wheeler, Samantha “Sam” Wiggins, James Harris, and W.H. Robinson) have been resolved, so the Clerk of Court is directed to terminate them as parties to the case. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Motion for Partial Dismissal (Doc. 13) filed by Kenneth McManus and McManus Consulting Engineers is granted as follows: (1) all Title VI claims against Kenneth McManus are dismissed with prejudice ; and (2) all claims against Kenneth McManus and McManus Consulting Engineers that are asserted under 42 U.S.C. § 1981 are dismissed with prejudice. THUS DONE AND SIGNED at Monroe, Louisiana, this the 22nd day of November, 2016. Page 2 of 2

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