Opinion
CIVIL ACTION NO: 11-1281
12-13-2012
WANNETTA KEELS v. LOUISIANA STATE UNIVERSITY HEALTH SCIENCES CENTER, ET AL.
JUDGE DONALD E. WALTER
MAGISTRATE JUDGE HORNSBY
ORDER
Before the Court is a Motion for Summary Judgment [Doc. #54] filed by the Defendants, Board of Supervisors of Louisiana State University & Agricultural & Mechanical College d/b/a Louisiana State University Health Science Center - Shreveport, and Joseph Miciotto in his official capacity as the Hospital Administrator. Plaintiff, Wannetta Keels, opposes the motion. [Doc. #57].
Upon due consideration, Defendants' Motion for Summary Judgment [Doc. #54] is hereby GRANTED IN PART AND DENIED IN PART. Plaintiff's claim that "because Defendants have a policy, pattern and practice to deny Black employees equal protection under the law, Defendants have willfully violated Keels' constitutional rights in violation of [42 U.S.C.] 1983" is hereby DISMISSED WITH PREJUDICE. A pattern or practice case is not a free-standing cause of action for an individual non-class plaintiff. Celestine v. Petroleos de Venezuella SA, 266 F.3d 343, 355-56 (5th Cir. 2001); Frank v. Xerox Corp., 347 F.3d 130,136 (5th Cir. 2008). Genuine disputes of material fact exist as to Plaintiff's remaining claims.
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DONALD E. WALTER
UNITED STATES DISTRICT JUDGE