Berry v. Sanders

Full title: WILLIE E. BERRY, JR. v. NICHOLAS J. SANDERS

Court: UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

Date published: Feb 12, 2019

CIVIL ACTION NO.: 17-00318-BAJ-EWD (M.D. La. Feb. 12, 2019)

Opinion

CIVIL ACTION NO.: 17-00318-BAJ-EWD

02-12-2019

WILLIE E. BERRY, JR. v. NICHOLAS J. SANDERS

JUDGE BRIAN A. JACKSON UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

RULING AND ORDER

Before the Court is the United States Magistrate Judge's Report and Recommendation (Doc. 28) pursuant to 28 U.S.C. § 636(b)(1). The Report and Recommendation addresses Defendant's Motion to Dismiss (Doc. 19).

Defendant moves to dismiss Plaintiff's suit on two grounds. First, Defendant asserts that all monetary claims levied against him in his official capacity are barred under the Eleventh Amendment of the United States Constitution. (Doc. 19-1 at p. 6) Second, Defendant contends that he is entitled to qualified immunity from Plaintiff's excessive force and retaliation claims. (Doc. 19-1 at p. 10) After a thorough review of the applicable law, the Magistrate Judge recommends that Defendant's claims for monetary damages against Defendant in his official capacity be dismissed. (Doc. 28 at p. 10). The Magistrate Judge further recommends that Defendant's Motion to Dismiss (Doc. 19) otherwise be denied. (Id.).

The Report and Recommendation notified the parties that, pursuant to 28 U.S.C. § 636(b)(1), they had fourteen (14) days from the date they received the Report and Recommendation to file written objections to the proposed findings of fact, conclusions of law, and recommendations therein. (Doc. 28 at p. 1). Neither party objected.

Having carefully considered the underlying Complaint, the instant motions, and related filings, the Court approves the Magistrate Judge's Report and Recommendation, and hereby adopts the findings of fact, conclusions of law, and recommendation.

Accordingly,

IT IS ORDERED that the Magistrate Judge's Report and Recommendation (Doc. 28) is ADOPTED as the Court's opinion herein.

IT IS FURTHER ORDERED that Plaintiff's claims for monetary damages against Defendant in his official capacity are DISMISSED.

IT IS FURTHER ORDERED that Defendant's Motion to Dismiss (Doc. 19) is otherwise DENIED.

Baton Rouge, Louisiana, this 12^th day of February, 2019.

/s/ _________

JUDGE BRIAN A. JACKSON

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA