Clark et al v. Lartigue et al

Filing 8

RULE 7(a) HEIGHTENED PLEADING REVIEW: After review, the undersigned concludes the plaintiffs have "supported [her] 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." Thus, no order limiting discovery under Schultea is appropriate. Signed by Magistrate Judge Carol B Whitehurst on 12/9/2015. (crt,Putch, A)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION
AMANDA CLARK, ET AL

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CIVIL ACTION NO. 15-2409

VS.

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JUDGE DOHERTY

NEAL LARTIGUE, ET AL

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MAGISTRATE JUDGE WHITEHURST

RULE 7(a) HEIGHTENED PLEADING REVIEW

In this §1983 civil rights suit, plaintiffs have sued defendant Larry Paul
Fontenot in his individual and official capacities. In answering plaintiffs’ complaint,
defendants plead qualified immunity. R. 1; 14. 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).1
After review, the undersigned concludes that the plaintiffs have “supported
[her] 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 plaintiff has satisfied the

1

When an officer or other official sued in his or her personal capacity asserts a qualified
immunity defense in a civil rights action, the plaintiff must support his or her claim “with
sufficient precision and factual specificity to raise a genuine issue as to the illegality of
defendant’s conduct at the time of the alleged acts.” Schultea v. Wood, 47 F.3d 1427, 1434 (5th
Cir. 1995).

heightened pleading requirement of Shultea, which the undersigned concludes she
has. Thus, no order limiting discovery under Schultea is appropriate.
Signed at Lafayette, Louisiana on this 9th day of December 2015.

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