Herrin v. E. Baton Rouge Sheriff's Office

Full title: DOUGLAS F. HERRIN, II v. EAST BATON ROUGE SHERIFF'S OFFICE, ET AL.

Court: UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

Date published: Aug 11, 2016

CIVIL ACTION NO. 15-82-SDD-EWD (M.D. La. Aug. 11, 2016)

Opinion

CIVIL ACTION NO. 15-82-SDD-EWD

08-11-2016

DOUGLAS F. HERRIN, II v. EAST BATON ROUGE SHERIFF'S OFFICE, ET AL.

SHELLY D. DICK, DISTRICT JUDGE MIDDLE DISTRICT OF LOUISIANA

RULING

The Court has carefully considered the Petition, the record, the law applicable to this action, and the Report and Recommendation of United States Magistrate Judge Erin Wilder-Doomes dated July 6, 2016. Plaintiff has filed an objection which the Court has considered.

The Court hereby approves the Report and Recommendation of the Magistrate Judge and adopts it as the Court's opinion herein. Accordingly;

IT IS ORDERED that the Motion to Dismiss¹ is granted, dismissing any claims asserted against the City of Baton Rouge/Parish of East Baton Rouge based on 42 U.S.C. § 1983 with prejudice and dismissing the state-law negligence claim asserted against the City/Parish without prejudice.

1 Rec. doc. 114.

IT IS FURTHER ORDERED that the Motion for Leave to File Amendment to Pending Motion to Dismiss² is granted.

2 Rec.doc. 126. --------

Baton Rouge, Louisiana, August 11th, 2016.

/s/ _________

SHELLY D. DICK, DISTRICT JUDGE

MIDDLE DISTRICT OF LOUISIANA