Opinion
DOCKET NO.: 1:10-cv-00020
11-06-2012
JAMES HOUSTON HICKS v. INSURANCE CO. OF CORRECTIONS CORP. OF AMERICA, ET AL.
JUDGE JAMES T. TRIMBLE, JR.
MAGISTRATE JUDGE JAMES D. KIRK
JUDGMENT
For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, and after an independent (de novo) review of the record including the objections filed by petitioner, and having determined that the findings and recommendation are correct under the applicable law;
IT IS ORDERED that all motions for summary judgment (Doc. 58, 66, 91, 101, 111) are DENIED as premature.
IT IS FURTHER ORDERED that all official capacity claims against Wilkinson, Thomas, Pacheco, Morgan, Stevens, Lucas, Glover, Dugan, Sanders, Johnson, Flowers, Mac, Martin and Melton are DENIED and DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that all claims for injunctive relief are DENIED and DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that all claims against all defendants for conducting or allowing strip searches to be conducted without probable cause are DENIED and DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that all claims against all defendants for conducting or allowing strip searches to be conducted by nonmedical personnel are DENIED and DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that all claims against all defendants for conducting or allowing strip searches to be conducted in unsanitary conditions are DENIED and DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that Hicks' only remaining claim, that strip searches were conducted in view of others in violation of the Fourth Amendment, go forward.
THUS DONE AND SIGNED, in chambers, in Alexandria, Louisiana, on this 5th day of November, 2012.
_________________
JAMES T. TRIMBLE , JR.
UNITED STATES DISTRICT JUDGE