Guilbeaux et al v. Eunice et al

Filing 31

JUDGMENT ADOPTING IN PART 20 and 21 Report and Recommendation of the Magistrate Judge. IT IS ORDERED, ADJUDGED, AND DECREED that 6 Motion to Dismiss for Failure to State a Claim filed by Eunice Police Department is GRANTED, and claims against this Defendant are DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that 4 Motion to Dismiss for Failure to State a Claim filed by the City of Eunice, Chief Randy Fontenot, and Officer Kathy Miller is GRANTED as to all clai ms asserted by or on behalf of the Estate of Michael Edwards, Jr., and all civil rights claims asserted by Plaintiffs under 42 U.S.C. § 1983 for wrongful death and survivorship. These claims are DISMISSED WITH PREJUDICE. The motion is DENIED as to Plaintiffs' claims under § 1983 based on familial association. IT IS FURTHER ORDERED that Plaintiffs are granted leave to amend their Complaint within 21 days. Signed by Judge Robert G James on 3/2/17. (crt,Crawford, A)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION
THELMA GUILBEAUX, ET AL.,

CIVIL ACTION NO. 16-1464

VERSUS

JUDGE ROBERT G. JAMES

CITY OF EUNICE, ET AL.,

MAG. JUDGE CAROL B. WHITEHURST
JUDGMENT

For the reasons stated in this Court’s Ruling and in the Reports and Recommendations of the
Magistrate Judge [Doc. Nos. 20 & 21], to the extent adopted by this Court,
IT IS ORDERED, ADJUDGED, AND DECREED that Defendant Eunice Police
Department’s Motion to Dismiss [Doc. No. 6] is GRANTED, and claims against this Defendant are
DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Motion to Dismiss
for Failure to State a Claim Upon Which Relief Can be Granted [Doc. No. 4] filed by Defendants
the City of Eunice, Chief Randy Fontenot, and Officer Kathy Miller is GRANTED IN PART and
DENIED IN PART. The motion is GRANTED as to all claims asserted by or on behalf of the Estate
of Michael Edwards, Jr., and all civil rights claims asserted by Plaintiffs Deanna Poullard
(“Poullard”) and Michael Edwards, Sr. (“Edwards”), under 42 U.S.C. § 1983 for wrongful death and
survivorship. These claims are DISMISSED WITH PREJUDICE. The motion is DENIED as to
Poullard’s and Edwards’ claims under § 1983 based on familial association.
IT IS FURTHER ORDERED that Plaintiffs are granted leave to amend their Complaint no
later than twenty-one (21) days from the date of this Judgment to clearly and plainly state Poullard’s
and Edwards’ familial relationship claims as required by Federal Rule of Civil Procedure 8 and to

allege with particularity those facts necessary to overcome a qualified immunity defense to such a
claim. If Plaintiffs fail to timely amend their Complaint, the Court will dismiss Poullard and Edward
from the case for failure to state any remaining claims. It does not appear to the Court that Poullard
and Edwards are attempting to state claims for bystander damages. If they intend to do so, any such
claims should be set forth in their Amended Complaint under the same standards as the amendment
of their familial relationship claims.
MONROE, LOUISIANA, this 2nd day of March, 2017.

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