Estate of La'Mello Parker et al v. Mississippi Department of Public Safety et al, No. 1:2023cv00185 - Document 60 (S.D. Miss. 2024)

Court Description: MEMORANDUM OPINION AND ORDER granting in part and denying in part 37 Motion for Judgment on the Pleadings; granting in part and denying in part 39 Motion to Dismiss; granting in part and denying in part 42 Motion to Dismiss; granting in part and denying in part 54 Motion to Dismiss. The Court declines to exercise supplemental jurisdiction over the Plaintiffs' state law claims, and those claims are REMANDED to the Circuit Court of Hinds County, Mississippi, First Judicial Distric t. All other federal claims are Dismissed. A certified copy of this Order shall be mailed immediately by the Clerk's Office to the Circuit Clerk of Hinds County, Mississippi, First Judicial District pursuant to 28 U.S.C. Section 1447(c). Signed by District Judge Taylor B. McNeel on 3/29/2024 (wld)

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Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION ESTATE OF LA’MELLO PARKER; L.S., a minor, by and through Kevin Smith, his next friend v. PLAINTIFFS CIVIL ACTION NO. 1:23-cv-185-TBM-RPM MISSISSIPPI DEPARTMENT PUBLIC SAFETY et al. OF DEFENDANTS MEMORANDUM OPINION AND ORDER Estate of La'Mello Parker et al v. Mississippi Department of Public Safety et al Doc. 60 I. BACKGROUND AND PROCEDURAL HISTORY Id. Id. Id. Id. Id. Id. Id. Id. Id. Id. Id. Id. Id. Id. Id. Id. Id. Id. Id. Id. Id. Id. Id. Id. Id. Id. Id. See Will v. Michigan Dep’t Mt. Healthy Bd. of Ed. v. Doyle, of State Police Monell See Miller v. Diamond Shamrock Co. Getty Oil Corp. v. Ins. Co. of N. Am. Manguno v. Prudential Prop. & Cas. Ins. Co., II. STANDARD OF REVIEW Doe v. MySpace, Inc. Abraugh v. Altimus Norris v. Causey Ashcroft v. Iqbal Bell Atl. Corp. v. Twombly Iqbal Id In re S. Scrap Material Co. Twombly Hayes v. Gulf Oil Corp. Uptown Grill, L.L.C. v. Camellia Grill Holdings, Inc. III. ANALYSIS A. Standing DaimlerChrysler Corp. v. Cuno see also Lujan v. Defenders of Wildlife Lujan see also Warth v. Seldin, Sierra Club v. Morton, Los Angeles v. Lyons, Lujan Simon v. E. Ky. Welfare Rts. Org., Id. Simon Lujan Lujan v. Nat’l Wildlife Fed’n, Lujan Grandsta v. City of Borger, Tex. Id Id. Id. Id. Grandsta unknown Grandsta Id Id. Grandsta Grandsta unknown Grandsta is known not did not even re connection Id. causal Lujan every Monell Terry v. Ohio Hafer v. Melo B. Claims under Section 1983 James v. Tex. Collin Cnty., a. Quali ed Immunity Harlow v. Rogers v. Jarrett cert. denied Quali ed Immunity’s Flawed Foundation Id. certainly Fitzgerald, Saucier v. Katz, overruled in part by Pearson v. Callahan, Saucier Id. clearly established Id. See Freeman v. Gore, Saucier both not Lytle v. Bexar Cnty., Tex. Saucier Lytle Saucier . Lytle unreasonable Lytle through means intentionally applied. Brower v. Cty. of Inyo See Lytle Summers v. Hinds Cnty., Mississippi unreasonable See Morgan v. Chapman Graham v. Connor, Tennessee v. Garner, Id. See Petta v. Rivera Coon v. Ledbetter Id. Id. Id. Ashcroft and see Jaques v. Town of Londonberry Cabell v. Rousseau and Ellison v. City of Montgomery a ’d See Scott v. Harris Dawes v. City of Dallas Joseph v. Bartlett Harmon v. City of Arlington Id. Id. particular Id. Harmon Morrow v. Meachum Dawes Harmon Kisela v. Hughes every reasonable o cial Reichle v. Howards Malley v. Bri s Romero v. City of Grapevine Garner See Cooper v. Rutherford Lytle Lytle Id. Id. Id. Lytle Id Coon v. Ledbetter Coon Id. Collins v. City of Harker Heights, Cnty. of Sacramento v. Lewis, Collins, were not seized Summers v. Hinds Cnty., Mississippi Collins, Id. Id. See Scott Brower, Id. Scott, b. Bystander Liability See Whitley v. Hanna Hamilton v. Kindred failure to intervene Buehler v. Dear Windham v. Harris Cnty. see also Jones v. Gammage Sta ord v. Zwicke Scott, Plumho Scott Plumho v. Rickard, See Mullenix v. Luna Whitley c. Municipal Liability under Section 1983 Id. Monell v. Dep’t of Soc. Servs. ; Littell v. Houston Indep. Sch. Dist. See City of Canton, Ohio v. Harris See Mt. Healthy Bd. of Ed., Monell City of St. Louis v. Praprotnik Monell Rivera v. Houston Indep. Sch. Dist. Piotrowski v. City of Houston was no underlying violation See City of Los Angeles v. Heller authorized and Hicks-Fields v. Harris Cnty., Texas Monell C. State Law Claims Carlsbad Tech., Inc. v. HIF Bio, Inc. Id. McGee v. Felder Servs., LLC Enochs v. Lampasas Cnty. Brookshire Bros. Holding, Inc. v. Dayco Prod. Inc. Sw. Motor Transp. v. Gira e Logistics Waste Sys. v. Clean Land Air Water Corp. Enochs see Parker & Parsley Petroleum v. Dresser Indus. Enochs See Spell v. Edwards Enochs Id. He emeier v. Caldwell County, Tex. Welch v. Jannereth IV. CONCLUSION Thomas v. City of Galveston Castro Romero v. Becken

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