Phillips et al v. Whittington et al

Filing 49

JUDGMENT Adopting 47 Report and Recommendation of the Magistrate Judge, Granting 39 Motion to Dismiss as to the claims against Holland under Claim II (Failure to Intervene), Claim III (Due Process and Excessive Pre-Accusation Delay, and Claims V and VI (Policy and Custom), and these claims are Dismissed With Prejudice. The motion is Denied in all other respects. Signed by Judge Terry A Doughty on 5/31/2018. (crt,Crawford, A)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION

TODD PHILLIPS, ET AL.

CIVIL ACTION NO. 17-cv-1524

VERSUS

JUDGE DOUGHTY

JULIAN C WHITTINGTON, ET AL.

MAGISTRATE JUDGE HORNSBY

JUDGMENT
For the reasons assigned in the Report and Recommendation of the Magistrate Judge
previously filed herein, no written objections having been filed, and concurring with the
findings of the Magistrate Judge under the applicable law,
IT IS ORDERED, ADJUDGED, AND DECREED that the Motion to Dismiss
[Doc. No. 39] by District Attorney J. Schuyler Marvin and Assistant District Attorney
Hugo A. Holland, Jr. (“Holland”) is GRANTED IN PART AND DENIED IN PART.
The motion is GRANTED as to the claims against Holland under Claim II (Failure to
Intervene), Claim III (Due Process and Excessive Pre-Accusation Delay), and Claims V
and VI (Policy and Custom), and these claims are DISMISSED WITH PREJUDICE.
The motion is DENIED in all other respects.
MONROE, LOUISIANA, this 31st day of May, 2018.

_________________________________
TERRY A. DOUGHTY
UNITED STATES DISTRICT JUDGE