Opinion
Civil Action 22-cv-3198
09-05-2023
RANDOLPH JOSEPH v. SCOTT FRANKLIN ET AL
PEREZ-MONTES, MAGISTRATE JUDGE.
JUDGMENT
TERRY A. DOUGHTY, UNITED STATES DISTRICT JUDGE.
For the reasons assigned in the Report and Recommendation of the Magistrate Judge [Doc. No. 31] previously filed herein, and having thoroughly reviewed the record, including the Objection [Doc. No. 33] filed by Plaintiff Randolph Joseph, and concurring with the findings of the Magistrate Judge under the applicable law, IT IS ORDERED, ADJUDGED, AND DECREED that the Motions to Dismiss [Doc. Nos. 3, 18, and 27] are hereby GRANTED IN PART and DENIED IN PART as follows.
IT IS ORDERED that to the extent that the parties move to dismiss for failure to exhaust administrative remedies, the Motions are DENIED.
IT IS FURTHER ORDERED that to the extent the parties move to dismiss the Section 1983 claims for supervisory liability, the Motions are GRANTED.
IT IS FURTHER ORDERED that to the extent the Motions move to dismiss the Section 1983 Monell claims against Sheriff Franklin in his official capacity, LaSalle Corrections, LLC, LaSalle Correctional Center, LLC, LaSalle Management, LLC, and Warden Stuckey in his official capacity, for use of excessive force and denial of medical care, the Motions are DENIED.
IT IS FURTHER ORDERED that to the extent the Motions move to dismiss the Section 1983 Monell claims against Sheriff Franklin in his official capacity, LaSalle Corrections, LLC, LaSalle Correctional Center, LLC, LaSalle Management, LLC, and Warden Stuckey in his official capacity, for failure to train or supervise, are GRANTED, and those claims are DISMISSED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that to the extent the Motions move to dismiss Section 1983 claims against Sheriff Franklin and Warden Stuckey in their individual capacities, for failure to train or supervise, the Motions are GRANTED, and those claims are DISMISSED WITHOUT PREJUDICE.