Banks v. LeBlanc et al, No. 3:2016cv00649 - Document 44 (M.D. La. 2019)

Court Description: OPINION Adopting the 42 Report and Recommendation of the U.S. Magistrate Judge.The Court declines to exercise supplemental jurisdiction relativeto Plaintiffs potential state law claim. The 36 Motion for Judgment on the Pleadings is granted in part, dismissing with prejudice the plaintiffs § 1983 claims asserted against Defendants LeBlanc, Vannoy, and Falgout in their individual and official capacities. Plaintiffs claims for monetary damages against Lamartiniere, Lavespere, an d Toce in their official capacities are dismissed with prejudice. Plaintiffs claims for accommodations under the Americans with Disabilities Act against Falgout, Lamartiniere, Lavespere, and Toce are dismissed with prejudice. The 36 M otion for Judgment on the Pleadings is OTHERWISE DENIED and that this matter is referred to the Magistrate Judge for further proceedings in connection with Plaintiffs claim for monetary damages and declaratory and injunctive relief asserted again st Lamartiniere, Lavespere, and Toce in their individual capacities for the alleged violations of the Plaintiffs constitutional rights through deliberate indifference to his serious medical needs and Plaintiffs claims regarding accommodations arising under the Americans with Disabilities Act against LeBlanc and Vannoy, as representatives of the Department of Corrections and Louisiana State Penitentiary, respectively. Signed by Judge John W. deGravelles on 3/11/2019. (LLH)