Coley et al v. Boyett et al

Filing 55

MEMORANDUM RULING granting in part and denying in part 41 Motion for Summary Judgment. It is GRANTED as to all of Plaintiffs' federal claims and Plaintiffs' state law excessive force claim. It is DENIED as to Plaintiffs' negligence claim against the City of Bossier City and their negligence claims against Boyett and Faulkner. Plaintiffs have until 10/31/2019 to file their amended complaint including their strict liability claim. Signed by Judge Elizabeth E Foote on 10/22/2019. (crt,Keifer, K)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
SOLOMON COLEY, ET AL.

CIVIL ACTION NO. 5:17-CV-01553

VERSUS

JUDGE ELIZABETH ERNY FOOTE

CHAD BOYETT, ET AL.

MAGISTRATE JUDGE HORNSBY
MEMORANDUM RULING

Plaintiffs Solomon Coley ("Coley) and Arshakne Hall ("Hall"), individually and on
behalf of their minor children JC and AC, 1 bring this action under 42 U.S.C. § 1983 and
Louisiana law to recover damages relating to the alleged excessive use of force by officers of
the Bossier City Police Department. Now pending before the Court is Defendants' Motion
for Summary Judgment pursuant to Federal Rule of Civil Procedure 56(a). [Record Document
41]. Plaintiffs have opposed the instant motion, Defendants have filed a reply, and Plaintiffs
have filed a sur-reply. [Record Documents 45, 49, and 53]. For the reasons discussed below,
Defendants' motion is GRANTED IN PART and DENIED IN PART. All federal claims
against Defendants, Officer Chad Boyett ("Boyett") in his official and individual capacity,
Sergeant Matthew Faulkner ("Faulkner") in his official and individual capacity, and the City of
Bossier City, are hereby DISMISSED WITH PREJUDICE. Plaintiffs' state law claims for
excessive force and battery are DISMISSED WITH PREJUDICE. Summary judgment is

DENIED as to Plaintiffs' negligence claim against the City of Bossier City for failure to train

Because the children are minors, the Court will refer to them only as JC and AC. See
Western District of Louisiana Local Rule 5.7.12(6).
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