Bonin v. Ackal et al

Filing 26

JUDGMENT re: 22 Report and Recommendation of the Magistrate Judge. It is Ordered that 8 Motion to Dismiss is Granted as to Plaintiff's Section 1983 claims against the City, and these claims are Dismissed With Prejudice. The motion is Denied to the extent the City seeks immunity from Plaintiff's state law negligence claim. Signed by Judge Robert G James on 1/23/2018. (crt,Crawford, A)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION
JARAD BONIN

CIVIL ACTION NO. 17-0637

VERSUS

UNASSIGNED DISTRICT JUDGE

LOUIS ACKAL, ET AL.

MAG. JUDGE CAROL B. WHITEHURST

JUDGMENT
For the reasons stated in the Report and Recommendation of the Magistrate Judge [Doc.
No. 22], to the extent ADOPTED, and for those additional reasons in this Court’s Ruling, and
after a de novo review of the entire record, including the parties’ objections and responses,
IT IS ORDERED, ADJUDGED, and DECREED that Defendant City of New Iberia’s
Motion to Dismiss [Doc. No. 8] is GRANTED IN PART AND DENIED IN PART. The motion
is GRANTED as to Plaintiff’s Section 1983 claims against the City, and these claims are
DISMISSED WITH PREJUDICE. The motion is DENIED to the extent the City seeks immunity
from Plaintiff’s state law negligence claim. The City may raise its affirmative defense at a later
stage.
MONROE, LOUISIANA, this 23rd day of January, 2018.