Opinion
CIVIL ACTION NO.: 19-00206-BAJ-RLB
08-24-2020
TERRY M. LAWRENCE, JR. v. EAST BATON ROUGE PARISH PRISON, ET AL.
RULING AND ORDER
Before the Court is Defendants Warden Grimes's and Deputy Morgan's Motion To Dismiss (Doc. 32), seeking dismissal of Plaintiff's Complaint (Doc. 1) for failure to state a claim under 42 U.S.C. § 1983. The Magistrate Judge has issued a Report And Recommendation (Doc. 48) recommending that Plaintiff's official capacity claims against Warden Grimes and Deputy Morgan be dismissed for failure to satisfy the requirements of municipal liability, and that Plaintiff's individual capacity claims against Warden Grimes also be dismissed, leaving only Plaintiff's individual capacity claims against Deputy Morgan. Only Plaintiff filed a timely Objection to the Magistrate Judge's Report. (Doc. 50).
Having independently considered Defendants' Motion and related filings—including Plaintiff's Objection—the Court APPROVES the Magistrate Judge's REPORT AND RECOMMENDATION (Doc. 48) and ADOPTS it as the Court's opinion herein.
Accordingly,
IT IS ORDERED that the Motion to Dismiss (Doc. 32) is GRANTED IN PART AND DENIED IN PART.
IT IS FURTHER ORDERED that Plaintiff's claims against Defendant Warden Grimes are DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that Plaintiff's official capacity claims against Deputy Morgan are DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that in all other regards Defendants' Motion is DENIED.
IT IS FURTHER ORDERED that this matter is referred back to the Magistrate Judge for further proceedings herein.
Baton Rouge, Louisiana, this 24th day of August, 2020
/s/ _________
JUDGE BRIAN A. JACKSON
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA