Canady v. Steve Prator et al

Filing 51

JUDGMENT: For the reasons stated in this Court's Ruling 50 , IT IS ORDERED that Defendants' 38 Motion to Strike is DENIED. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendants' Motion for Summary Judgment 30 is GRANTED IN PART and DENIED IN PART. Signed by Judge Robert G James on 2/6/15. (crt,DickersonSld, D)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
CAROLYN B. CANADY

CIVIL ACTION NO. 13-0923

VERSUS

JUDGE ROBERT G. JAMES

CADDO PARISH SHERIFF
STEVE PRATOR, ET AL.

MAG. JUDGE KAREN L. HAYES

JUDGMENT
For the reasons stated in this Court’s Ruling,
IT IS ORDERED that Defendants’ Motion to Strike [Doc. No. 38] is DENIED.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendants’ Motion for
Summary Judgment [Doc. No. 30] is GRANTED IN PART AND DENIED IN PART. The motion
is DENIED to the extent it seeks dismissal of Plaintiff’s § 1983 claims for excessive force against
Deputies Benevage and McDonnell in their individual capacities. The motion is also DENIED to
the extent it seeks dismissal of Plaintiff’s § 1983 official capacity and his state law vicarious liability
claims of excessive force against Sheriff Prator. The motion is otherwise GRANTED. Plaintiff’s
§ 1983 claims for unlawful arrest and retaliatory arrest, his § 1983 official capacity claims of
excessive force against Deputies Benevage and McDonnell, and his state law vicarious liability claim
against Sheriff Prator for unlawful arrest are DISMISSED WITH PREJUDICE.
MONROE, LOUISIANA, this 6th day of February, 2015.