Clark v. Lafayette et al

Filing 21

JUDGMENT Adopting 19 Report and Recommendation of the Magistrate Judge, Granting 7 Motion to Dismiss Penalty, Punitive, or Exemplary Damages. Plaintiffs claims for punitive damages are Dismissed With Prejudice. It Is Further Ordered that 5 Motion to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted is Granted, and Plaintiff's claims under 42 U.S.C. § 1983, as well as his state law claims are Dismissed With Prejudice. Signed by Judge Terry A Doughty on 7/25/2018. (crt,Crawford, A)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION

JOSEPH CLARK

CIVIL ACTION NO. 6:18-CV-00058

VERSUS

JUDGE TERRY A. DOUGHTY

LAFAYETTE POLICE DEPARTMENT, MAG. JUDGE CAROL B. WHITEHURST
ET AL.
JUDGMENT
The Report and Recommendation of the Magistrate Judge [Doc. No. 19] having been
considered, and after a de novo review of the entire record in this matter, including Plaintiff’s
objections [Doc. No. 20], and finding that the Magistrate Judge’s findings are correct under the
law and the record,
IT IS ORDERED, ADJUDGED, AND DECREED that the unopposed Motion to
Dismiss Penalty, Punitive, or Exemplary Damages [Doc. No. 7] is GRANTED, and
Plaintiff’s claims for punitive damages are DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Motion to Dismiss
For Failure to State a Claim Upon Which Relief Can Be Granted filed by Defendants Chief
Toby Aguillard, individually and in his official capacity as chief of police of Lafayette
City-Parish Consolidated Government (“LCG”), Officer Nick Bayard, individually and in his
official capacity as a police officer for LCG, and Corporal Chris Cormier, individually and in his
official capacity as a police officer for LCG [Doc. No. 5] is GRANTED, and Plaintiff’s claims
under 42 U.S.C. § 1983, as well as his state law claims are DISMISSED WITH PREJUDICE

as either barred under Heck v. Humphrey and/or prescribed and/or for failure to state a claim
pursuant to Rule 12(b)(6).
MONROE, LOUISIANA, this 25th day of July, 2018.

TERRY A. DOUGHTY
UNITED STATES DISTRICT JUDGE

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