Angelle et al v. Duson et al
| Lionello Paul Angelle and Carla Ann Siner |
| Town of Duson, Kip Anthony Judice, Timothy Clyde Cannon, Calvin Joseph Francis, Jr, Brian Thomas Poirot and Thomas Blake Soileau |
| 6:2018cv00272 |
| March 5, 2018 |
| US District Court for the Western District of Louisiana |
| Lafayette Office |
| Lafayette |
| Unassigned District Judge |
| Carol B Whitehurst |
| Other Civil Rights |
| 28 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
82
JUDGMENT After hearing the arguments of counsel, having conducted an independent review of the record, and for the reasons stated on the record, the Court adopts in part the Report and Recommendation of the Magistrate Judge previously filed herein. A s to Defendant, Thomas Blake Soileau, Individually, the Court will grant the Motion to Dismiss in all respects. As to Defendant, Brian Thomas Poirot,Individually, the Court will grant the Motion to Dismiss in all respects. As to the remaining Defenda nts, the Court will adopt the reasons of the Report and Recommendation having determined that the findings and recommendations are correct under applicable law, however, the Court will not place any restrictions on discovery at this time; IT IS ORDER ED that the Motion to Dismiss filed by Defendant, Lafayette Parish Sheriffs Deputy Thomas Blake Soileau, Individually, Rec. Doc. 64 , is GRANTED and all claims against him are DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that the Motion to Dismis s filed by Defendant, Duson Police Officer Brian Thomas Poirot, Individually, Rec. Doc. 56 , is GRANTED and all claims against him are DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that the Motion to Dismiss filed by Defendants, Town of Duson; Chi ef Kip Anthony Judice, Individually; Officer Timothy Clyde Cannon, Individually; and Officer Calvin Joseph Francis, Jr., Individually, Rec. Doc. 56 is DENIED. The Court places no restriction on discovery at this time. IT IS FURTHER ORDERED that the jury trial in this matter is hereby set for April 6, 2020 at 9:30 a.m. The pretrial conference is hereby set for March 25, 2020 at 1:30 p.m. in chambers. A separate scheduling order shall be issued. Signed by Judge Michael J Juneau on 4/18/19. (crt,Guidry, C)
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Filing
51
JUDGMENT adopting 40 Report and Recommendations of the Magistrate Judge, granting in part and denying in part 31 Motion to Dismiss for Failure to State a Claim. The motion is GRANTED in that (1) Plaintiffs Monell claim for failure to train, (2) Plaintiffs Fourteenth Amendment claims for excessive force and malicious prosecution, (3) Plaintiffs claim under the Fourteenth Amendment for a right to investigation, (4) Plaintiffs § 1983 freestanding malicious prosecution claim, and (5) Plai ntiffs claim under 42 U.S.C. § 1981 are ALL DISMISSED. IT IS FURTHER ORDERED that Plaintiffs must file a motion for leave to amend their First Amended Complaint as to the constitutional violations under § 1983, as well as state law, on or before October 10, 2018. IT IS FURTHER ORDERED that the motion to dismiss is otherwise DENIED. Signed by Judge Terry A Doughty on 9/26/2018. (crt,Miletello, A)
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