Hebert v. City of Baton Rouge et al, No. 3:2015cv00850 - Document 192 (M.D. La. 2017)

Court Description: OPINION: After independently reviewing the entire record in this case and for the reasons set forth in the Magistrate Judge's Report dated August 16, 2017, to which an objection was filed, it is ordered that the 106 Motion to Dismiss for Failure to State a Claim is granted in part and denied in part. Signed by Judge John W. deGravelles on 8/25/2017. (KAH)
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Hebert v. City of Baton Rouge et al Doc. 192 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA MICHAEL HEBERT (#263630) CIVIL ACTION VERSUS NO. 15-850-JWD-RLB CITY OF BATON ROUGE, ET AL. OPINION After independently reviewing the entire record in this case and for the reasons set forth in the Magistrate Judge's Report dated August 16, 2017, to which an objection was filed: IT IS ORDERED that the defendants’ Motion to Dismiss (R. Doc. 106) is granted in part, and the plaintiff’s official capacity claims against defendants Gautreaux and Grimes are dismissed, with prejudice. IT IS FURTHER ORDERED that to the extent the plaintiff is asserting a claim against defendants Gautreaux and Grimes in their individually capacities for failure to provide a constitutionally adequate medical system, that the Motion is granted to dismiss said claim with prejudice. IT IS FURTHER ORDERED that in all other regards, the defendants’ Motion (R. Doc. 106) is denied. Signed in Baton Rouge, Louisiana, on August 25, 2017. S JUDGE JOHN W. deGRAVELLES UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA Dockets.Justia.com