Opinion
Civil Action 20-562-SDD-RLB
04-12-2023
MICHAEL CALLOWAY #96740 v. STATE OF LOUISIANA, ET AL.
RULING AND ORDER
SHELLY D. DICK, JUDGE.
The Court has carefully considered the Motion,' the record, the law applicable to this action, and the Report and Recommendation of United States Magistrate Richard L. Bourgeois, Jr. dated March 28, 2023, to which an Objection was filed. After considering the Objection and conducting a de novo review, the Court hereby approves the Report and Recommendation of the Magistrate Judge for the reasons herein.
Rec. Doc. 41.
Rec. Doc. 67.
Rec. Doc. 70.
ACCORDINGLY, the Motion to Dismiss is granted, in part, dismissing the plaintiff's claims for bystander liability asserted against defendants Pinkney and Smith, with prejudice. The Defendants' Motion is denied as moot with regards to the plaintiff's ADA and deliberate indifference claims.
Rec. Doc. 67.
IT IS FURTHER ORDERED that in all other regards, the Motion is denied and this matter is referred back to the Magistrate Judge for further proceedings herein.