J H v. Neustrom et al

Filing 47

ORDER ADOPTING 46 Report and Recommendations; granting in part and denying in part 39 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 39 Motion to Strike. Signed by Judge S Maurice Hicks on 12/29/2016. (crt,Dauterive, C)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION
J.H.

CIVIL ACTION NO. 6:15-2525

VERSUS

JUDGE S. MAURICE HICKS, JR.

MICHAEL W. NEUSTROM, Individually
and in his official capacity as the duly
elected SHERIFF OF LAFAYETTE
PARISH, ET AL.

MAGISTRATE JUDGE HANNA

ORDER
This matter was referred to United States Magistrate Judge Patrick J. Hanna for
Report and Recommendation. After an independent review of the record, and noting the
absence of any objections, this Court concludes that the Magistrate Judge’s Report and
Recommendation is correct and adopts the findings and conclusions therein as its own.
Accordingly,
IT IS ORDERED, ADJUDGED, AND DECREED that the Motion to Dismiss and
Motion to Strike (Record Document 39), which was filed on behalf of defendants Neustrom,
Reardon, and Willis, is GRANTED IN PART and DENIED IN PART. More particularly, it
is ordered that:
•

the Motion to Strike is GRANTED with regard to Paragraphs 25, 26, and 102
through 108 of the amended complaint and DENIED with regard to all other
paragraphs of the amended complaint, and Paragraphs 25, 26, and 102
through 108 are stricken from the amended complaint;

•

the Motion to Dismiss is GRANTED with regard to any claims asserted in the
amended complaint against defendants Willis or Doe and those claims are
DISMISSED WITHOUT PREJUDICE;

•

the Motion to Dismiss the plaintiff’s punitive damages claims is GRANTED
with regard to the plaintiff’s official-capacity claims against Neustrom and
Reardon and those claims are DISMISSED WITH PREJUDICE;

•

the Motion to Dismiss is GRANTED with regard to the official-capacity claims
against Reardon and those claims are DISMISSED WITHOUT PREJUDICE;

•

the Motion to Dismiss the individual-capacity claims against Reardon is
DENIED AS MOOT and those claims are DISMISSED WITHOUT
PREJUDICE;

•

the Motion to Dismiss the individual-capacity claims against Neustrom is
GRANTED and those claims are DISMISSED WITHOUT PREJUDICE; and

•

the Motion to Dismiss is DENIED in all other respects,

consistent with the Report and Recommendation.
THUS DONE AND SIGNED, in Shreveport, Louisiana, this 29th day of December,
2016.

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