Briggs et al v. Phebus et al
| Willene Briggs and Kim Brumfield |
| Daniel Edwards and William Phebus |
| 2:2012cv02145 |
| August 21, 2012 |
| US District Court for the Eastern District of Louisiana |
| New Orleans Office |
| Tangipahoa |
| Carl Barbier |
| Karen Wells Roby |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
229
ORDERED that 191 Motion to Take Additional Deposition is DENIED AS MOOT IN PART and DENIED IN PART. FURTHER ORDERED that 199 Motion to Quash, Motion for Protective Order and 224 Supplemental & Amended Motion to Quash, Motion for Protective Order are DENIED. Signed by Magistrate Judge Karen Wells Roby.(cml)
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Filing
227
ORDER granting in part and denying in part 160 Daniel Edwards, William Phebus, and Steven Redmond's Motion for Partial Summary Judgment; FURTHER ORDERED that Mr. Galmon's 42 U.S.C. 1983 claims against Lieutenant Steven Redmond are DISM ISSED WITH PREJUDICE. FURTHER ORDERED that, inasmuch as Mr. Galmon's 42 U.S.C. 1983 claims are based on: (1) a denial of medical care in violation of the Fourteenth Amendment, or (2) deliberate indifference in hiring, Mr. Galmon's claims a re DISMISSED WITH PREJUDICE. Plaintiff will be allowed to proceed on: (1) 42 U.S.C. 1983 claims based on excessive force against Deputy Phebus in his individual capacity; (2) 42 U.S.C. 1983 claims against Sheriff Edwards in his official capacity based on excessive force and failure to supervise/train; and (3) all state law claims. Signed by Judge Carl Barbier on 3/17/14. (Reference: 13-5342)(sek)
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Filing
152
ORDER granting in part and denying in part 135 plaintiff's Motion for Reconsideration as set forth in document; FURTHER ORDERED that Plaintiff has twenty-one (21) days to amend his complaint as set forth in document. Signed by Judge Carl Barbier on 12/23/13. (Reference: 13-5342)(sek, )
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Filing
134
ORDER & REASONS: granting in part and denying in part 122 , 124 Motions to Dismiss; ORDERED that Defendants' Motions to Dismiss are GRANTED with respect to: (1) all Section 1983 claims against Sheriff Edwards based on his actions or inactions with respect to Lt. Redmond; (2) all Section 1983 claims against Lt. Redmond in his official capacity, (3) all Section 1983 claims against Lt. Redmond in his supervisory capacity; and (4) all Section 1983 claims against Lt. Redmond in his individual capacity inasmuch as the claim relies on a theory of excessive force. IT IS FURTHER ORDERED that Defendants' motions are DENIED in all other respects. Signed by Judge Carl Barbier on 11/6/13. (Reference: 13-5335, 13-5342)(sek, )
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Filing
110
ORDER & REASONS: denying 76 Plaintiffs' Motion for Reconsideration. Signed by Judge Carl Barbier on 8/29/13. (Reference: all cases)(sek, )
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Filing
74
ORDER & REASONS: granting in part and denying in part 56 Motion in Limine; ORDERED that Plaintiffs' Motion in Limine (Rec. Doc. 56 ) is GRANTED only to the extent it seeks to exclude evidence arising from the grand jury proceedings of Deputy Phebus. FURTHER ORDERED that Plaintiffs' Motion in Limine is DENIED AS PREMATURE in all other respects. Signed by Judge Carl Barbier on 8/7/13. (sek, )
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Filing
7
ORDER granting in part and denying in part 5 Motion to Dismiss; FURTHER ORDERED that Plaintiffs' claims are DISMISSED without prejudice. However, because it appears that the defects in Plaintiffs' pleading can be cured by amendment, Pla intiffs are GRANTED leave to amend their pleadings to make a proper showing of capacity under Louisiana Civil Code Articles 2315.1 and 2315.2. Plaintiffs must submit an amended complaint to this Court within twenty-one (21) days of entry of this Order. Failure to amend Plaintiffs' complaint within the required period will result in complete dismissal of Plaintiffs' causes of action for survival and wrongful death. Signed by Judge Carl Barbier on 11/26/12. (sek, )
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