Spikes v. Seal et al
| James Jerrod Spikes |
| Randy Seal, Jim Miller, Walter Reed, Leanne Wahl and Kendell Temple |
| 2:2014cv02246 |
| September 29, 2014 |
| US District Court for the Eastern District of Louisiana |
| New Orleans Office |
| Washington |
| Sally Shushan |
| Sarah S. Vance |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
11
ORDER ADOPTING REPORT AND RECOMMENDATIONS 8 - IT IS ORDERED that the claim against Sheriff Randy Seal for authorizing the searches and the vicarious liability claim against Seal arising from the dog bite be DISMISSED WITH PREJUDICE as frivolous and/or for failing to state a claim on which relief may be granted. It is FURTHER ORDERED that the claims against District Attorney Walter Reed and Assistant District Attorney Leanne Wahl be DISMISSED WITH PREJUDICE as frivolous for failing to state a claim on which relief may be granted, and/or for seeking monetary damages against a defendant who is immune from such relief. It is FURTHER ORDERED that the false arrest claim against Sheriff Randy Seal and the claims against Warden Jim Miller and Deputy Sheriff Kendell Temple be STAYED until Spike's criminal charge is resolved. It is FURTHER ORDERED that the Clerk of Court be directed to mark this action CLOSED for statistical purposes. It is FURTHER ORDERED that the Court retains jurisd iction over the stayed claims and that the case be restored to the trial docket upon plaintiff's motion once his criminal proceedings are concluded, so that the claims may proceed to final disposition.. Signed by Chief Judge Sarah S. Vance on 4/24/15.(jjs)
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