Tucker v. Shreveport et al

Filing 35

MEMORANDUM RULING granting in part and denying in part 29 MOTION for Summary Judgment filed by C B Cisco, Y Johnson, T Kolb, City of Shreveport, W McIntire. Signed by Judge Elizabeth E Foote on 2/27/2019. (crt,Keifer, K)

Thus, while the gravamen of a tort claim and a Fourth Amendment claim is the same,
i.e., reasonableness, the Louisiana Supreme Court has provided a set of factors that differ from
the Graham factors. Compare Fjle, 353 So. 2d at 973 (citing Picou, 343 So. 2d 306) with Graham,
490 U.S. at 396 (citing Garner, 417 U.S. at 8-9). Although similar, the sets are not identical,
and, as such, this Court cannot conclude from Defendants' motion that they have
demonstrated their right to judgment as a matter of law on Tucker's tort claims. As Defendants
failed to address the standards for excessive force as a tort, summary judgment must be denied
on this claim.

IX.

Conclusion
For the reasons given above, the motion is GRANTED IN PART and DENIED

IN PART. It is GRANTED on the official capacity claims against Defendant Officers. It is
DENIED as to all other claims.

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The claims on which summary judgment has been granted are hereby DISMISSED

WITH PREJUDICE.

THUS DONE AND SIGNED in Shreveport, Louisiana, this �

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,2019.

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