Opinion
Civil Action 21-00530-BAJ-EWD
11-27-2023
RONALD JERMAINE DUGAS v. DARREL VANNOY, ET AL.
RULING AND ORDER
BRIAN V. JACKSON JUDGE.
Now before the Court is a Report and Recommendation (Doc. 49, the “Report”) issued by the Magistrate Judge. The Report recommends that the Motion for Judgment on the Pleadings (Doc. 36) filed by Kendrick Williams and Defendants Christopher Harrell and Damon Turner be denied because Plaintiff has alleged sufficient facts to overcome the qualified immunity defense as to whether the use of chemical agent against him on January 25, 2020, was an appropriate use of force, and as to his bystander liability claim against Harrell. Defendants are therefore not entitled to qualified immunity. Defendants' Motion is opposed. (Doc. 46). Defendants do not object to the Report.
After his Complaint was screened by the Court under 28 U.S.C. §§ 1915(A) and 1915(e), Plaintiff still had a pending claim for monetary relief against Williams in his individual capacity for the alleged act of excessive force on January 25, 2020. After the Motion was filed, Plaintiff sought to amend his Complaint to remove his claim against Williams (Doc. 43), which was granted by the Court. (Doc. 45). Accordingly, only claims against Harrell and Turner remain in this action.
Defendants also recently filed a reply memorandum (Doc. 47), which raises new arguments. “(A]rguments cannot be raised for the first time in a reply brief.” Little Tchefuncte River Ass'n v. Artesian Utility Company, Inc., 155 F.Supp. 637, 657 (E.D. La. Dec. 11, 2015). Accordingly, Defendants' arguments improperly presented for the first time in the reply memorandum were not considered.
Having carefully considered the Complaint, Defendants' Motion, Plaintiffs opposition, and related filings, the Court APPROVES the Report and ADOPTS it as the Court's opinion in this matter.
Accordingly, IT IS ORDERED that the Motion for Judgment on the Pleadings (Doc. 36) filed by Kendrick Williams and Defendants Christopher Harrell and Damon Turner be and is hereby DENIED.
IT IS FURTHER ORDERED that this matter be and is hereby referred to the Magistrate Judge for further proceedings. •