Edmond v. Lafayette Consolidated Government et al

Filing 28

ORDER ADOPTING 19 Report and Recommendations: granting in part and denying in part 13 Motion to Dismiss for Failure to State a Claim. Signed by Judge S Maurice Hicks on 07/05/2016. (crt,Thomas, T) Modified to correct file date on 7/6/2016 (Thomas, T).

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION

LIZA EDMOND, on Behalf of
M.B. and X.B.

CIVIL ACTION NO. 16-0045

VERSUS

JUDGE S. MAURICE HICKS, JR.

LAFAYETTE CONSOLIDATED
GOVERNMENT, LAFAYETTE
POLICE DEPARTMENT, CHIEF OF
POLICE JIM CRAFT, and OFFICER
MELVIN RIDDELL

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, consistent with the report and
recommendation, the defendants’ motion to dismiss (Record Document 13) is GRANTED
IN PART AND DENIED IN PART and the plaintiff be permitted to amend her complaint with
regard to certain of her claims. More particularly,
(1)

It is ordered that the motion is GRANTED with regard to the plaintiff’s claim

against “Lafayette Police Department,” and that claim is DISMISSED WITH PREJUDICE.
(2)

It is ordered that the motion is GRANTED to the extent that the complaint

articulates a vicarious liability or respondeat superior claim against the City, and any such
claim is DISMISSED WITH PREJUDICE.

(3)

It is ordered that the plaintiff is GRANTED LEAVE to amend her complaint

in order to more adequately state a claim for municipal liability against the City.
(4)

It is ordered that the motion is GRANTED with regard to the plaintiff’s claims

against Chief Craft and Officer Riddell in their official capacities, and those claims are
DISMISSED WITH PREJUDICE.
(5)

It is ordered that the motion is GRANTED with regard to the plaintiff’s claim

against Chief Craft in his individual capacity to the extent that Chief Craft did not personally
participate in the relevant events of October 2015, and it is ordered that the claim is
DISMISSED in that regard.
(6)

It is ordered that the plaintiff is GRANTED LEAVE to amend her complaint

in order to more adequately state a claim against Chief Craft in his individual capacity with
regard to any relevant policies that he implemented.
(7)

It is ordered that the defendants’ motion is GRANTED to the extent that the

plaintiff asserted punitive damages claims against the City and against Chief Craft and
Officer Riddell in their official capacities, and those claims are DISMISSED WITH
PREJUDICE. However, it is ordered that if the plaintiff amends her complaint and states
a claim against Chief Craft in his individual capacity, the plaintiff will retain her right to seek
punitive damages against him as well as against Officer Riddell in his individual capacity.

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(8)

It is ordered that, to the extent that the defendants’ motion seeks dismissal

of the complaint for failure to allege more than de mininis injuries, the motion is DENIED
WITHOUT PREJUDICE to the defendants’ right to reassert this defense, if appropriate,
upon the completion of discovery.
THUS DONE AND SIGNED, in Shreveport, Louisiana, this 5th day of July, 2016.

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