Cormier et al vs. Lafayette City-Parish Consolidated Government et al

Filing 26

RULE 7(a) HEIGHTENED PLEADING REVIEW. Signed by Magistrate Judge Patrick J Hanna on 3/12/10. (crt,Smith, C)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE-OPELOUSAS DIVISION JOSEPH BOWMAN CORMIER, MARY ANN HENRY CORMIER VERSUS LAFAYETTE CITY-PARISH CONSOLIDATED GOVERNMENT, ET AL CIVIL ACTION NO. 09-703 JUDGE DOHERTY MAGISTRATE JUDGE HANNA RULE 7(a) HEIGHTENED PLEADING REVIEW In this 1983 civil rights suit, plaintiffs have sued defendants Lafayette CityParish Consolidated Government, Lafayette City Police Department and/or Lafayette City Prosecutor's Office, Earl "Nickey" Picard, Timothy Picard, Gary J. Haynes, Shane M. Mouton, Lt. Nolvey Stelly, Corporal Heather Martin, and Officer Chase Guidry in their official and individual capacities. In their answers, defendants plead qualified immunity. The undersigned has therefore conducted an evaluation of plaintiffs complaint to determine whether it meets the applicable heightened pleading requirement. See Schultea v. Wood, 47 F.3d 1427, (5th Cir. 1995); Bakery. Putnal, 75 F.3d 190, 195 (5th Cir. 1996). After review, the undersigned concludes plaintiffs have "supported [their] claims with sufficient precision and factual specificity to raise a genuine issue as to the illegality of defendants' conduct at the time of the alleged acts." Schultea, 47 F.3d at 1434. Although the court may later determine the facts in favor of defendants, the sole issue presented here is whether plaintiffs have satisfied the heightened pleading requirement of 2 Shultea, which the undersigned concludes they have. Thus, no order limiting discovery under Schultea is appropriate. Signed at Lafayette, Louisiana on this 12th day of March, 2010. trkkLHarm~ United States istrate Judge 800 Lafayette SL, Suite 3500 Lafayette, Loui~ana 0501 7 (337) 593~5J4O phone) 593-5155 (fax) (

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