McLemore et al v. Garber et al

Filing 126

JUDGMENT adopting 125 Report and Recommendations. IT IS ORDERED that the Rule 12(b)(6) Motion to Dismiss filed by defendant Sherriff Mark Garber [Doc. 87] is GRANTED in its entirety, as follows: IT IS ORDERED that the motion to dismiss plaintiffs individual and official lability claims against Garber is GRANTED, and that these claims are DENIED AND DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that, to the extent they exist, the motion to dismiss plaintiffs state law claims against Garber i s GRANTED, and that these claims are DENIED AND DISMISSED WITHOUT PREJUDICE, as this Court declines to exercise its supplemental jurisdiction over these claims. IT IS FURTHER ORDERED that all claims against Lt. Shawn Segura, Lt. Joseph Miller, Sgt. S amantha White, Deputy Justin Broussard, Deputy Ashley Prejean, Deputy Christopher Kent, Deputy Ebony Touchet, Deputy Kristy Thibodeaux, Deputy Giles Reed, and LPN Ian Duplantis are DENIED AND DISMISSED WITH PREJUDICE, as plaintiffs have abandoned all claims against these defendants. Signed by Judge Michael J Juneau on 7/16/2021. (crt,Guidry, C)

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Case 6:19-cv-00751-MJJ-CBW Document 126 Filed 07/19/21 Page 1 of 2 PageID #: 1526 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION CRYSTAL MCLEMORE ET AL CIVIL ACTION NO. 19-cv-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, including 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 defendant Sherriff Mark Garber [Doc. 87] is GRANTED in its entirety, as follows: IT IS ORDERED that the motion to dismiss plaintiffs’ individual and official lability claims against Garber is GRANTED, and that these claims are DENIED AND DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that, to the extent they exist, the motion to dismiss plaintiffs’ state law claims against Garber is GRANTED, and that these claims are DENIED AND DISMISSED WITHOUT PREJUDICE, as this Court declines to exercise its supplemental jurisdiction over these claims. Case 6:19-cv-00751-MJJ-CBW Document 126 Filed 07/19/21 Page 2 of 2 PageID #: 1527 IT IS FURTHER ORDERED that all claims against Lt. Shawn Segura, Lt. Joseph Miller, Sgt. Samantha White, Deputy Justin Broussard, Deputy Ashley Prejean, Deputy Christopher Kent, Deputy Ebony Touchet, Deputy Kristy Thibodeaux, Deputy Giles Reed, and LPN Ian Duplantis are DENIED AND DISMISSED WITH PREJUDICE, as plaintiffs have abandoned all claims against these defendants. THUS DONE AND SIGNED in Lafayette, Louisiana, on this 16th day of July, 2021. ______________________________ MICHAEL J. JUNEAU UNITED STATES DISTRICT JUDGE

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