Guilbeaux et al v. Eunice et al
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|Date Filed||#||Document Text|
|June 8, 2017
JUDGMENT ADOPTING 55 Report and Recommendations re 35 MOTION to Dismiss Pursuant to Rule 12(b)(2) filed by Police Dept City of Eunice and 36 MOTION to Dismiss Penalty, Punitive or Exemplary Damages filed by City of Eunice, Kathy Miller, Randy F ontenot. IT IS ORDERED that 35 Motion to Dismiss Pursuant to Rule 12(b)(2) is DENIED AS MOOT. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that 36 Motion to Dismiss Penalty, Punitive or Exemplary Damages is GRANTED IN PART and DENIED IN PART. Signed by Judge Robert G James on 6/8/2017. (crt,YocumSld, M)
|March 2, 2017
JUDGMENT ADOPTING IN PART 20 and 21 Report and Recommendation of the Magistrate Judge. IT IS ORDERED, ADJUDGED, AND DECREED that 6 Motion to Dismiss for Failure to State a Claim filed by Eunice Police Department is GRANTED, and claims against this Defendant are DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that 4 Motion to Dismiss for Failure to State a Claim filed by the City of Eunice, Chief Randy Fontenot, and Officer Kathy Miller is GRANTED as to all clai ms asserted by or on behalf of the Estate of Michael Edwards, Jr., and all civil rights claims asserted by Plaintiffs under 42 U.S.C. § 1983 for wrongful death and survivorship. These claims are DISMISSED WITH PREJUDICE. The motion is DENIED as to Plaintiffs' claims under § 1983 based on familial association. IT IS FURTHER ORDERED that Plaintiffs are granted leave to amend their Complaint within 21 days. Signed by Judge Robert G James on 3/2/17. (crt,Crawford, A)
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