Ringbauer et al v. Hebert et al

Filing 65

JUDGMENT ADOPTING #60 Report and Recommendations DENYING IN PART AND GRANTING IN PART #48 Motion to Dismiss, filed by John Carter, Arthur Elmer, Jay Shatlock, Scott Clostio, Ron Durand, Brandon Hebert, Marion Borel, Ryan Turner, Sid Hebert, Brett Broussard, Randy Bouillion, Mike Lasalle and Paul Venable: 1) The motion is GRANTED on the official capacity claims against the Deputies, and those claims are DISMISSED WITHOUT PREJUDICE; 2) The motion is DENIED on the official capacity claim against Sheriff Hebert; and 3) The motion is DENIED on the individual capacity claims against the Deputies. Signed by Judge Tucker L Melancon on 9/4/09. (crt,Smith, C)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE-OPELOUSAS DIVISION BILL RINGBAUER, ET AL. VERSUS SID HEBERT, ET AL. * CIVIL ACTION NO. 08-0115 JUDGE MELAN~ON MAGISTRATE JUDGE HILL * * JUDGMENT This matter was referred to United States Magistrate Judge C. Michael Hill for Report and Recommendation. After an independent review of the record, including the objections filed herein, this Court concludes that the Report and Recommendation of the Magistrate Judge is correct and adopts the findings and conclusions therein as its own. Accordingly, IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Motion to Dismiss [rec. doc. 48] is DENIED IN PART AND GRANTED IN PART as delineated below: 1) the motion is GRANTED on the official capacity claims against the Deputies, and those claims are DISMISSED WITHOUT PREJUDICE; 2) the motion is DENIED on the official capacity claim against Sheriff Hebert; and 3) the motion is DENIED on the individual capacity claims against the Deputies. Lafayette, Louisiana, this 4th day of September 2009. t `N ~ucker U MeI~išou I~ $ I ~\. I~ F') S I RI( I H I) S

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