Summary
Considering that the plaintiff must be given the benefit of the inferences to which he is entitled at the pleading stage, an allegation that an inmate was sprayed with a chemical irritant and beaten without provocation was sufficient to state a claim upon which relief could be granted because the Court could reasonably infer that the plaintiff sustained injuries.
Summary of this case from Rivers v. JonesOpinion
CIVIL ACTION NUMBER 08-748-FJP-SCR.
March 18, 2009
OPINION
After independently reviewing the entire record in this case and for reasons set forth in the Magistrate Judge's Report to which no objection was filed:
IT IS ORDERED that the defendants' motion to dismiss shall be denied.
Rec. Doc. No. 15.
Baton Rouge, Louisiana.