Stelly v. Guidroz et al
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|Date Filed||#||Document Text|
|April 6, 2018
JUDGMENT adopting 63 Report and Recommendations granting 56 Motion to Dismiss for Failure to State a Claim. Defendants' third-party complaint is DISMISSED WITH PREJUDICE. Signed by Judge Elizabeth E Foote on 4/5/2018. (crt,Keifer, K)
|September 28, 2015
RULE 7(a) HEIGHTENED PLEADING REVIEW: Plaintiff has sued St. Landry Parish Sheriff Bobby J. Guidroz, St. Landry Parish Jail Warden Wanda Gallien, Captain Craig Ortego and Officer Ricky Leger in their official and individual capacities. These defenda nts plead qualified immunity. The undersigned has therefore conducted an evaluation of plaintiff's complaint to determine whether it meets theapplicable heightened pleading requirement. After review, the undersigned concludes, plaintiff has &quo t;supported his claims with sufficient precision and factual specificity to raise a genuine issue as to the illegality of defendants' conduct at the time of the alleged acts." Although the court may later determine the facts in favor of th ese defendants, the sole issue presented here is whether plaintiff has satisfied the heightened pleading requirement of Shultea, which the undersigned concludes he has. Thus, no order limiting discovery under Schultea is appropriate. Signed by Magistrate Judge Patrick J Hanna on 9/28/2015. (crt,Putch, A)
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