Ned v. Eunice et al

Filing 39

JUDGMENT granting 6 Motion to Dismiss for Failure to State a Claim. Plaintiff's claims against the Eunice Police Department are DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that 4 and 23 Motions to Dismiss fo r Failure to State a Claim are GRANTED to the extent that Defendants move the Court to dismiss Plaintiff's § 1983 and state law claims of false arrest and false imprisonment and Plaintiffs claims under the Fifth, Eighth, and Ninth Amendments. The motions are otherwise DENIED. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that 9 Motion to Dismiss for Failure to State a Claim filed by Chief Fontenot is DENIED. Signed by Judge Robert G James on 1/23/17. (crt,Crawford, A)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION
LIONEL NED, JR.

CIVIL ACTION NO. 16-1035

VERSUS

JUDGE ROBERT G. JAMES

EUNICE POLICE DEPARTMENT, ET AL.

MAG. JUDGE CAROL B. WHITEHURST

JUDGMENT
For the reasons set forth in this Court’s Ruling and the Report and Recommendation of the
Magistrate Judge, to the extent adopted, and having considered the entire record in this matter,
including the written objections and responses to the Magistrate Judge’s Report and
Recommendation,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that EPD’s Motion to Dismiss
[Doc. No. 6] is GRANTED, and Plaintiff’s claims against the EPD are DISMISSED WITH
PREJUDICE.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendants Chief
Fontenot, Officer Frank, and Officer Mott’s Motions to Dismiss [Doc. Nos. 4 & 23] are GRANTED
IN PART and DENIED IN PART. To the extent Defendants move the Court to dismiss Plaintiff’s
§ 1983 and state law claims of false arrest and false imprisonment and Plaintiff’s claims under the
Fifth, Eighth, and Ninth Amendments, the motions are GRANTED, and those claims are
DISMISSED WITH PREJUDICE. The motions are otherwise DENIED.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant Chief
Fontenot’s separate Motion to Dismiss [Doc. 9] is DENIED.

MONROE, LOUISIANA, this 23rd day of January, 2017.

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