McLemore et al v. Garber et al

Filing 122

JUDGMENT adopting 120 Report and Recommendations. IT IS ORDERED that the Rule 12(b)(6) Motion to Dismiss filed by defendants Advantage Medical Professionals, LLC, Cynthia Wiltz, Shelly Samuel, Randel Bernard, Mona Bergaux, and Wilhelmina Clay [the Advantage defendants], Rec. Doc. 90 , is GRANTED, as follows.IT IS ORDERED that the motion to dismiss plaintiffs Section 1983 claims against the Advantage defendants for deliberate indifference to Walkers serious medical needs is GRANTED, and these claims are DENIED AND DISMISSED WITH PREJUDICE.IT IS FURTHER ORDERED that the motion to dismiss plaintiffs Monell claims against the Advantage defendants for unconstitutional policies related to (a) suicide assessment and prevention, (b) lack of pro tocols to identify evidence of extreme intoxication or drug abuse, (c) inadequate staffing, (d) monitoring, and (e) training (Monell claims) is GRANTED, and these claims are DENIED AND DISMISSED WITH PREJUDICE.IT IS FURTHER ORDERED that the motion to dismiss plaintiffs state law claims for medical malpractice tort against the Advantage defendants is GRANTED, and these claims are DENIED AND DISMISSED WITHOUT PREJUDICE, as this Court declines to exercise its supplemental jurisdiction over these claims. Signed by Judge Michael J Juneau on 6/3/2021. (crt,Guidry, C)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION
CRYSTAL MCLEMORE, ET AL.

CIVIL ACTION NO. 19-0751

VERSUS

JUDGE JUNEAU

MARK GARBER, ET AL.

MAGISTRATE JUDGE WHITEHURST
JUDGMENT

For the reasons assigned in the Report and Recommendation of the Magistrate
Judge previously filed herein, and having thoroughly reviewed the record, and
considering the lack of written objections filed, and concurring with the findings of
the Magistrate Judge under the applicable law;
IT IS ORDERED that the Rule 12(b)(6) Motion to Dismiss filed by defendants
Advantage Medical Professionals, LLC, Cynthia Wiltz, Shelly Samuel, Randel
Bernard, Mona Bergaux, and Wilhelmina Clay [“the Advantage defendants”], Rec.
Doc. 90, is GRANTED, as follows.
IT IS ORDERED that the motion to dismiss plaintiffs’ Section 1983 claims
against the Advantage defendants for deliberate indifference to Walker’s serious
medical needs is GRANTED, and these claims are DENIED AND DISMISSED
WITH PREJUDICE.
IT IS FURTHER ORDERED that the motion to dismiss plaintiffs’ Monell
claims against the Advantage defendants for unconstitutional policies related to (a)

suicide assessment and prevention, (b) lack of protocols to identify evidence of
extreme intoxication or drug abuse, (c) inadequate staffing, (d) monitoring, and (e)
training (Monell claims) is GRANTED, and these claims are DENIED AND
DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that the motion to dismiss plaintiffs’ state law
claims for medical malpractice tort against the Advantage defendants is GRANTED,
and these claims are DENIED AND DISMISSED WITHOUT PREJUDICE, as this
Court declines to exercise its supplemental jurisdiction over these claims.
THUS DONE AND SIGNED in Lafayette, Louisiana, on this 3rd day of June,
2021.
______________________________
MICHAEL J. JUNEAU
UNITED STATES DISTRICT JUDGE