Fondren v. Brown et al

Filing 18

JUDGMENT adopting 14 Report and Recommendations granting in part and denying in part 9 Motion to Dismiss Penalty, Punitive or Exemplary Damages; Motion is GRANTED to the extent that the plaintiff is seeking to recover damages in connection with her Section 1983 claim against the City of Youngsville, Chief Boudreaux, Sgt. Brown, and the unnamed police officers in their official capacities and the plaintiff's claim is DISMISSED WITH PREJUDICE; The motion is GRANTED to the extent that th e plaintiff is seeking to recover damages in connection with her state-law claims, and the plaintiff's claim is DISMISSED WITH PREJUDICE; The motion is DENIED in all other respects, particularly with regard to the plaintiff's claim for the recovery of penalty, punitive, or exemplary damages in connection with any Section 1983 individual-capacity claims asserted against Sgt. Brown or the unnamed police officers. Signed by Judge Terry A Doughty on 4/12/2018. (crt,Miletello, A)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION
COURTNEY FONDREN

CIVIL ACTION NO. 6:18-cv-00001

VERSUS

JUDGE TERRY A. DOUGHTY

JASON BROWN, ET AL.

MAGISTRATE JUDGE HANNA
JUDGMENT

This matter was referred to United States Magistrate Judge Patrick J. Hanna
for report and recommendation. After an independent review of the record, and
noting the absence of any objections, this Court concludes that the Magistrate
Judge=s report and recommendation is correct and adopts the findings and
conclusions therein as its own. Accordingly,
IT IS ORDERED, ADJUDGED, AND DECREED that the motion to dismiss
penalty, punitive, or exemplary damages that was filed by City of Youngsville,
Youngsville police officer Sergeant Jason Brown, and Youngsville Police Chief
Rickey Boudreaux (Rec. Doc. 9) is GRANTED IN PART and DENIED IN PART,
consistent with the report and recommendation. More particularly,
The motion is GRANTED to the extent that the plaintiff is seeking to recover
penalty, punitive, or exemplary damages in connection with her Section 1983 claim
against the City of Youngsville, and the plaintiff=s claim for the recovery of such
punitive damages is DISMISSED WITH PREJUDICE;

The motion is GRANTED to the extent that the plaintiff is seeking to recover
penalty, punitive, or exemplary damages in connection with her Section 1983 claims
against Chief Boudreaux, Sgt. Brown, and the unnamed police officers in their
official capacities, and the plaintiff=s claim for the recovery of such punitive damages
is DISMISSED WITH PREJUDICE;
The motion is GRANTED to the extent that the plaintiff is seeking to recover
penalty, punitive, or exemplary damages in connection with her state-law claims,
and the plaintiff=s claim for the recovery of such punitive damages is DISMISSED
WITH PREJUDICE; and
The motion is DENIED in all other respects, particularly with regard to the
plaintiff=s claim for the recovery of penalty, punitive, or exemplary damages in
connection with any Section 1983 individual-capacity claims asserted against Sgt.
Brown or the unnamed police officers.
Signed at Monroe, Louisiana, this 12th day of April, 2018.

_________________________________
TERRY A. DOUGHTY
UNITED STATES DISTRICT JUDGE

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