Henderson v. LeBlanc et al
| William A. Henderson |
| Leslie Dupont, Stephanie Lamartiniere, James LeBlanc, Unknown Pharmacist and Darrel Vannoy |
| 3:2016cv00265 |
| April 25, 2016 |
| US District Court for the Middle District of Louisiana |
| Baton Rouge Office |
| John W. deGravelles |
| Richard L. Bourgeois |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
49
RULING AND ORDER granting in part and denying in part 44 Motion to Dismiss Pursuant to FRCP 12(b)(1) and FRCP 12(b)(6). Plaintiff's claims for prospective injunctive relief are not barred by the Eleventh Amendment. However, all of Plaint iff's claims for damages against Defendants under 42 U.S.C. § 1983except Plaintiff's claims against Nurse Betty Taplinare dismissed for failure to state a cognizable claim. Defendants' motion as it pertains to Nurse Betty Tapl in is DENIED. Plaintiff's § 1983 claims for damages against James LeBlanc, Darrell Vannoy, Stephanie Lamartiniere, and Leslie Dupont are DISMISSED WITH PREJUDICE. Plaintiff's § 1983 claims for damages against Dr. Randy Lavespe re are DISMISSED WITHOUT PREJUDICE. Plaintiff is given twenty-one (21) days in which to cure the deficiencies in Plaintiff's Second Amended Complaint (Doc. 37), if he can do so. If Plaintiff does not cure these deficiencies within twenty-one (21) days, his claims against Dr. Lavespere will be dismissed with prejudice. Signed by Judge John W. deGravelles on 5/2/2018. (KAH)
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