Guilbeaux et al v. Eunice et al
JUDGMENT ADOPTING 55 Report and Recommendations re 35 MOTION to Dismiss Pursuant to Rule 12(b)(2) filed by Police Dept City of Eunice and 36 MOTION to Dismiss Penalty, Punitive or Exemplary Damages filed by City of Eunice, Kathy Miller, Randy F ontenot. IT IS ORDERED that 35 Motion to Dismiss Pursuant to Rule 12(b)(2) is DENIED AS MOOT. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that 36 Motion to Dismiss Penalty, Punitive or Exemplary Damages is GRANTED IN PART and DENIED IN PART. Signed by Judge Robert G James on 6/8/2017. (crt,YocumSld, M)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
THELMA GUILBEAUX, ET AL.,
CIVIL ACTION NO. 16-1464
JUDGE ROBERT G. JAMES
CITY OF EUNICE, ET AL.,
MAG. JUDGE CAROL B. WHITEHURST
For the reasons stated in the Report and Recommendations of the Magistrate Judge [Doc. No.
55], noting the lack of objections in the record, and determining that the findings are consistent with
the applicable law,
IT IS ORDERED that Defendant Eunice Police Department’s Motion to Dismiss Pursuant
to Rule 12(b)(2) [Doc. No. 35] is DENIED AS MOOT.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Motion to
Dismiss Penalty, Punitive or Exemplary Damages filed by Defendants City of Eunice (“the
City”), Chief Randy Fontenot (“Chief Fontenot”), individually and in his official capacity as
Chief of Police of the City, and Officer Kathy Miller (“Officer Miller”), individually and in her
official capacity as a police officer for the City [Doc. No. 36] is GRANTED IN PART and
DENIED IN PART. The motion is GRANTED as to Plaintiffs’ punitive damages claims under
42 U.S.C. § 1983 against the City and against Chief Fontenot and Officer Miller in their official
capacities and as to Plaintiffs’ claims against Defendants for punitive damages under state law.
The motion is DENIED as Plaintiffs’ punitive damages claims under § 1983 against Chief
Fontenot and Officer Miller in their individual capacities.
MONROE, LOUISIANA, this 8th day of June, 2017.
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