Hill v. Phan et al

Filing 165

ORDER denying 114 Motion for Summary Judgment; denying 116 Motion for Summary Judgment; granting 135 Motion for Summary Judgment; granting 136 Motion to Dismiss; granting 143 Motion for Summary Judgment; adopting Report and Recommendations re 161 Report and Recommendations. Signed by Judge S Maurice Hicks on 05/05/2016. (crt,McDonnell, D)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION

DAVID LEE HILL

CIVIL ACTION NO. 13-0583

VERSUS

JUDGE S. MAURICE HICKS, JR.

HAI PHAN, ET AL.

MAGISTRATE JUDGE HORNSBY

ORDER
For the reasons assigned in the Report and Recommendation of the Magistrate
Judge previously filed herein, and having thoroughly reviewed the record, no written
objections having been filed, and concurring with the findings of the Magistrate Judge under
the applicable law;
IT IS ORDERED that Plaintiff’s Motions for Summary Judgment (Record Documents
114 and 116) be and are hereby DENIED.
IT IS FURTHER ORDERED that the Motion for Summary Judgment by Hai Phan
(“Phan”) (Record Document 135) be and is hereby GRANTED by dismissing the claim
against Phan for excessive force and dismissing with prejudice all other claims against
Phan to being asserted again until Plaintiff satisfies the Heck conditions. See Johnson v.
McElveen, 101 F.3d 423, 424 (5th Cir. 1996).
IT IS FURTHER ORDERED that the Motion to Dismiss by Willie Shaw (“Shaw”)
(Record Document 136) be and is hereby GRANTED and all claims against Shaw are
DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that the Motion for Summary Judgment by Steve Prator
(“Sheriff Prator”) (Record Document 143) be and is hereby GRANTED and all claims

against Sheriff Prator are DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that all claims against “Unknown SPD Officer,” now
known to be Corporal Scebern Willis, be and are hereby DISMISSED WITH PREJUDICE.
THUS DONE AND SIGNED at Shreveport, Louisiana, this the 5th day of May, 2016.