Augustine v. LeBlanc et al

Filing 42

JUDGMENT: Adopting in Part 36 Report and Recommendations. Signed by Judge David C Joseph on 3/5/2025. (crt,LaCombe, L)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
JOSEPH AUGUSTINE

CIVIL CASE NO. 5:23-CV-01131

VERSUS

JUDGE DAVID C. JOSEPH

JAMES LEBLANC, ET AL

MAGISTRATE JUDGE KAYLA D.
MCCLUSKY

ORDER ADOPTING REPORT AND RECOMMENDATION
IN PART AND JUDGMENT
The REPORT AND RECOMMENDATION [Doc. 36] of the Magistrate Judge having
been considered, together with the written Objections [Doc. 37, 38] thereto filed with
this Court, and, after a de novo review of the record, finding that the Magistrate
Judge’s REPORT AND RECOMMENDATION is correct on all claims except for the
recommendation that the Plaintiff’s claims for prospective declaratory and injunctive
relief against Secretary James Leblanc be dismissed without prejudice.

As the

Plaintiff contends in his Objection, Plaintiff needs continuing medical care because of
his injuries and medical condition. Although the Plaintiff has been transferred to
another DPSC facility, Secretary Leblanc has the power and authority to ensure the
Plaintiff’s current facility provides the care he alleges he needs.

Consequently,

Plaintiff’s claims against Secretary Leblanc for prospective declaratory and
injunctive relief are not moot and the Motion to Dismiss them should be denied.
Considering the foregoing,
IT IS ORDERED that the MOTION TO DISMISS PURSUANT TO FRCP RULE
12(B)(1) AND 12(B)(6) [Doc. 24] filed by Defendants Michele Dauzat, Jerry Goodwin,
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Vincent A. Coleman, Kayla Sherman, Synthia Nail, Kevin Hill, Kevin B. Kidd,
Matthew Elmore, Jared Green, Linda Bunch, and Jaclyn Phillips is GRANTED IN
PART AND DENIED IN PART.
IT IS FURTHER ORDERED that Plaintiff Joseph Augustine’s claims against
Defendants Michele Dauzat, Jerry Goodwin, Vincent A. Coleman, Kayla Sherman,
Synthia Nail, Kevin Hill, Kevin B. Kidd, Matthew Elmore, Jared Green, Linda
Bunch, Jaclyn Phillips, Unnamed Defendant 1, and Unnamed Defendants 2-10, in
their official capacities, are DISMISSED WITHOUT PREJUDICE for lack of subject
matter jurisdiction. FED. R. CIV. P. 12(b)(1).
IT IS FURTHER ORDERED that all of Plaintiff Joseph Augustine’s claims
against Defendants Michele Dauzat, Jerry Goodwin, Kayla Sherman, Vincent A.
Coleman, Sylvia Nail, Kevin B. Kidd, Kevin Hill, Matthew Elmore, and Unnamed
Defendants 2-10 in their individual capacities, are DISMISSED WITH PREJUDICE
for failure to state a claim upon which relief can be granted. FED. R. CIV. P. 12(b)(6).
IT IS FURTHER ORDERED that Plaintiff Joseph Augustine’s claims against
Defendants Jared Green, Linda Bunch, Jaclyn Phillips, and Unnamed Defendant 1
for Violation of the Religious Land Use and Institutionalized Persons Act, Violation
of Right of Access to Courts pursuant to 42 U.S.C. § 1983 and the First and
Fourteenth Amendments, and Interference with Right to Counsel pursuant to 42
U.S.C. § 1983 and the First and Fourteenth Amendments, in their individual
capacities, are DISMISSED WITH PREJUDICE for failure to state a claim upon
which relief can be granted. FED. R. CIV. P. 12(b)(6).

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IT IS FURTHER ORDERED that Plaintiff Joseph Augustine’s claim against
Defendants Linda Bunch and Jaclyn Phillips for interference with Augustine’s Free
Exercise of Religion pursuant to 42 U.S.C. § 1983 and the First and Fourteenth
Amendments, in their individual capacities, is DISMISSED WITH PREJUDICE for
failure to state a claim upon which relief can be granted. FED. R. CIV. P. 12(b)(6).
IT IS FURTHER ORDERED that Plaintiff Joseph Augustine’s claim against
Defendant Linda Bunch for Deliberate Indifference to Serious Medical Needs
pursuant to 42 U.S.C. § 1983 and the Eighth and Fourteenth Amendments, in her
individual capacity, is DISMISSED WITH PREJUDICE for failure to state a claim
upon which relief can be granted. FED. R. CIV. P. 12(b)(6).
IT IS FURTHER ORDERED that the MOTION TO DISMISS PURSUANT TO FRCP
RULE 12(B)(1) AND 12(B)(6) [Doc. 24] otherwise is DENIED.
THUS, DONE AND SIGNED in Chambers on this 5th day of March 2025.

.

DAVID C. JOSEPH
UNITED STATES DISTRICT JUDGE

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