Angelle v. Town of Duson

Full title: LIONELLO PAUL ANGELLE, ET AL. v. TOWN OF DUSON, ET AL

Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION

Date published: Sep 26, 2018

CIVIL ACTION NO. 6:18-cv-0272 (W.D. La. Sep. 26, 2018)

Opinion

CIVIL ACTION NO. 6:18-cv-0272

09-26-2018

LIONELLO PAUL ANGELLE, ET AL. v. TOWN OF DUSON, ET AL

TERRY A. DOUGHTY UNITED STATES DISTRICT JUDGE

UNASSIGNED DISTRICT JUDGE

MAGISTRATE JUDGE WHITEHURST

JUDGMENT

For the reasons assigned in the Report and Recommendation of the Magistrate Judge [Doc. No. 40] previously filed herein, and having thoroughly reviewed the record, no written objections having been filed, and concurring with the findings of the Magistrate Judge under the applicable law,

IT IS ORDERED, ADJUDGED, AND DECREED that the Motion to Dismiss [Doc. No. 31] filed by Defendants is GRANTED IN PART and DENIED IN PART. The motion is GRANTED in that (1) Plaintiffs' Monell claim for failure to train, (2) Plaintiffs' Fourteenth Amendment claims for excessive force and malicious prosecution, (3) Plaintiffs' claim under the Fourteenth Amendment for a right to investigation, (4) Plaintiffs' § 1983 "freestanding" malicious prosecution claim, and (5) Plaintiffs' claim under 42 U.S.C. § 1981 are ALL DISMISSED.

IT IS FURTHER ORDERED that Plaintiffs must file a motion for leave to amend their First Amended Complaint as to the constitutional violations under § 1983, as well as state law, on or before October 10, 2018.

IT IS FURTHER ORDERED that the motion to dismiss is otherwise DENIED.

MONROE, LOUISIANA, this 26^th day of September, 2018.

/s/_________

TERRY A. DOUGHTY

UNITED STATES DISTRICT JUDGE