Culotta v. Lafayette Consolidated Government et al
Filing
37
ORDER ADOPTING re 36 Report and Recommendations; granting in part and denying in part 25 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 27 Motion to Dismiss. Signed by Chief Judge S Maurice Hicks, Jr on 11/16/2017. (crt,Bunting, M)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION
THOMAS JOSEPH CULOTTA, II
CIVIL ACTION NO. 17-0093
VERSUS
UNASSIGNED DISTRICT JUDGE
LAFAYETTE CONSOLIDATED
GOVERNMENT, ET AL.
MAGISTRATE JUDGE WHITEHURST
ORDER
For the reasons contained in the Report and Recommendation of the Magistrate
Judge filed previously herein, noting the absence objections thereto, and concurring with
the Magistrate Judge’s findings under the applicable law;
IT IS ORDERED that the unopposed Motion To Dismiss filed by Lafayette Parish
Sheriff’s Department, through its Sheriff, Mark A. Garber, Defendants, and Lafayette Parish
Sheriff’s Department officers yet to be named [Rec. Doc. 25] be GRANTED IN PART as
to: (1) all Section 1983 and Louisiana state law claims against Sheriff Mark A. Garber,
individually and in his official capacity; (2) Lafayette Parish Sheriff’s Department unnamed
Officers in their official capacities; and (3) Lafayette Parish Sheriff’s Department unnamed
Officers in their individual capacities as to the Section 1983 and related Louisiana state law
false arrest and excessive force claims, and DENIED IN PART as to the remaining Section
1983 claims and related Louisiana state law claims (including false imprisonment) against
Lafayette Parish Sheriff’s Department unnamed Officers in their individual capacities.
IT IS FURTHERED ORDERED that the unopposed Motion To Dismiss filed by
Lafayette City-Parish Consolidated Government Defendants [Rec. Doc. 27], be GRANTED
IN PART as to: (1) all Section 1983 claims and Louisiana state law claims against
Lafayette City-Parish Consolidated Government; and (2) Lafayette City-Parish
Consolidated Government unnamed Officers in their official capacities and DENIED IN
PART as to all Section 1983 claims and related Louisiana state law claims (including false
arrest, assault, and battery) alleged against Lafayette City-Parish Consolidated
Government unnamed Officers in their individual capacities.
IT IS FURTHER ORDERED that, more specifically, the unopposed Motions to
Dismiss [Rec. Docs. 25 & 27] are GRANTED IN PART as to Plaintiff’s demand for punitive
damages under Louisiana state law and DENIED IN PART as to Plaintiff’s claims for
punitive damages under Section 1983 against the Lafayette Parish Sheriff’s Department
unnamed Officers and the Lafayette City-Parish Consolidated Government unnamed
Officers, in their individual capacities.
IT IS FURTHER ORDERED that, more specifically, the unopposed Motions to
Dismiss [Rec. Docs. 25 & 27] are GRANTED as to Plaintiff’s state law claims for
defamation and negligent hiring.
IT IS FURTHER ORDERED that the parties are to conduct discovery on the
remaining Section 1983 claims and related Louisiana state law claims against the Lafayette
Parish Sheriff’s Department and City-Parish Consolidated Government unnamed officers
in their individual capacities, to uncover only those facts needed to rule on the immunity
claim, as provided under Backe v. Leblanc, 691 F.3d 645, 648 (5th Cir. 2012).
THUS DONE AND SIGNED, in Shreveport, Louisiana, this 16th day of November,
2017.
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