Malveaux v. City of Broussard et al

Filing 15

ORDER : The undersigned finds that the allegations are insufficient as to this defendant. Accordingly, pursuant to the suggestion in Schultea v. Wood, 47 F.3d 1427, 1432-34 (5th Cir. 1995), IT IS ORDERED that plaintiff file a Fed. R. Civ. P. 7(a) rep ly to the qualified immunity defense pled by the defendant within twenty (20) days of receipt of this order. Specifically, the reply shall stateas to defendant: (1) the constitutional rights that said defendant personally violated; (2) the facts that support the allegations against said defendant; and (3) the reasons why said defendant is not entitled to qualified immunity. Signed by Magistrate Judge Carol B Whitehurst on 9/23/15. (crt,Kennedy, T)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION
ASIA MALVEAUX

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CIVIL ACTION NO. 14-2535

VS.

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JUDGE DOHERTY

CITY OF BROUSSARD, ET AL

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MAGISTRATE JUDGE WHITEHURST

ORDER
Review of the complaint reveals that defendant, Brandon Decou, was sued individually.
Review of the answer filed by defendant reveals that he has asserted the defense of qualified
immunity. To the extent that defendant was sued in his individual capacity, the heightened pleadings
requirements apply. See Baker v. Putnal, 75 F.3d 190, 195 (5th Cir. 1996).
The undersigned finds that the allegations are insufficient as to this defendant. Accordingly,
pursuant to the suggestion in Schultea v. Wood, 47 F.3d 1427, 1432-34 (5th Cir. 1995), IT IS
ORDERED that plaintiff file a Fed. R. Civ. P. 7(a) reply to the qualified immunity defense pled by
the defendant within twenty (20) days of receipt of this order. Specifically, the reply shall state
as to defendant: (1) the constitutional rights that said defendant personally violated; (2) the facts that
support the allegations against said defendant; and (3) the reasons why said defendant is not entitled
to qualified immunity.
Failure to comply with this order will invite the imposition of sanctions under Federal Rule
of Civil Procedure 16(f), including possible dismissal of all claims. See Reyes v. Sazan, 168 F.3d
158 (5th Cir. 1999). Should plaintiff fail to file the Rule 7(a) reply, defense counsel shall promptly
notify the court by filing an appropriate motion.

Signed in Lafayette, Louisiana, this 23rd day of September, 2015.