Opinion
6:20-CV-01383
03-28-2024
KEVIN WILDER v. SCOTT MORGAN ET AL
CAROL B. WHITEHURST, MAGISTRATE JUDGE
JUDGMENT
ROBERT R. SUMMERHAYS, UNITED STATES DISTRICT JUDGE
Defendants Scott Morgan, the Lafayette City - Parish Consolidated Government ("LCG"), Officer Dylan Smith, Officer Trent Mouton, Officer Katelyn Baudoin, and Sergeant Ryan Shanahan filed a Motion to Dismiss Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. The Court referred this motion to the Magistrate Judge, who issued a Report and Recommendation (“R&R”) recommending that the Defendant's Motion to Dismiss be granted.Wilder timely objected to the R&R, and Defendants filed a response to Wilder's objection. For the reasons stated in the Court's Ruling on Report and Recommendation, IT IS ORDERED THAT the Court GRANTS the Motion to Dismiss IN PART, and DENIES the Motion to Dismiss IN PART. The Court adopts the Magistrate Judge's recommended disposition of the Motion with respect to Parts III, IV, V, and VI of the R&R. The court declines to adopt the recommendation in Parts II and VII of the R&R;
ECF No. 41.
ECF No. 51.
ECF No. 52.
ECF No. 53.
IT IS FURTHER ORDERED THAT (1) the Section 1983 claims asserted against defendants Morgan and Shanahan in their official capacities are dismissed with prejudice; (1) the Section 1983 bystander claims against defendants Smith, Mouton, Baudoin, and Shanahan are dismissed with prejudice; (3) Wilder's state law claims against defendants Smith, Mouton, and Baudoin are dismissed with prejudice; and (4) all claims against John Does #1-4 and ABC and XYZ Insurance Companies are dismissed with prejudice. In all other respects, the Motion is DENIED.