Brown v. Bd. of Comm'rs Fifth La. Levee Dist.

Full title: RICKY L. BROWN v. BOARD OF COMMISSIONERS FIFTH LOUISIANA LEVEE DISTRICT…

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

Date published: Sep 5, 2017

CIVIL ACTION NO. 12-289 (W.D. La. Sep. 5, 2017)

Opinion

CIVIL ACTION NO. 12-289

09-05-2017

RICKY L. BROWN v. BOARD OF COMMISSIONERS FIFTH LOUISIANA LEVEE DISTRICT, ET AL.

JUDGE ROBERT G. JAMES

MAG. JUDGE PEREZ-MONTES

JUDGMENT

For the reasons contained in the Report and Recommendation of the Magistrate Judge [Doc. No. 144], and after an independent review of the entire record, including the written objections and response thereto, and concurring with the Magistrate Judge's findings under the applicable law,

IT IS ORDERED, ADJUDGED, AND DECREED that Defendants' Motion to Dismiss [Doc. No. 94] is GRANTED and that Plaintiff's federal takings claim is DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction;

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiff's state law takings claim is DISMISSED WITHOUT PREJUDICE;

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendants' Motion for Summary Judgment [Doc. No. 95] is GRANTED and that Plaintiff's equal protection and substantive due process claims are DISMISSED WITH PREJUDICE;

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant's Motion for Remand [Doc. No. 106] is DENIED AS MOOT.

MONROE, LOUISIANA this 5th day of September, 2017.

/s/ _________

ROBERT G. JAMES

UNITED STATES DISTRICT JUDGE