Fondren v. Brown et al

Filing 20

JUDGMENT adopting 15 Report and Recommendation of the Magistrate Judge, Granting in part and denying in part 7 Motion to Dismiss for Failure to State a Claim. Plaintiff is granted leave of court to amend her complaint within 21 days and the defendants will be permitted to re-urge their motion to dismiss after review of the amended complaint, if necessary or appropriate. Signed by Judge Terry A Doughty on 4/17/2018. (crt,Crawford, 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.

MAG. JUDGE PATRICK J. 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 consideration of objections
filed, 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 that was
filed by City of Youngsville, Youngsville police officer Sergeant Jason Brown, and Youngsville
Police Chief Rickey Boudreaux (Rec. Doc. 7) is GRANTED IN PART and DENIED IN PART,
consistent with the report and recommendation. More particularly, (1) the motion is GRANTED
with regard to the official-capacity claims against Chief Boudreaux and Sgt. Brown and with
regard to any Fifth Amendment claim that the plaintiff might have, and those claims are
DISMISSED WITH PREJUDICE; (2) in all other respects, and particularly with regard to the
training and supervision claim against the City of Youngsville and the Section 1983 excessive
force claim, the motion is DENIED; (3) the plaintiff is granted leave of court to amend her
complaint not more than twenty-one days after the date of this judgment; and (4) the defendants
will be permitted to re-urge their motion to dismiss after review of the amended complaint, if
necessary or appropriate.

Monroe, Louisiana, this 17th day of April, 2018.

_______________________________
TERRY A. DOUGHTY
UNITED STATES DISTRICT JUDGE

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