Lehman v. Guinn

Full title: CHRISTOPHER LEHMAN v. HENRY GUINN ET AL

Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAKE CHARLES DIVISION

Date published: Mar 10, 2021

CASE NO. 2:20-CV-00736 (W.D. La. Mar. 10, 2021)

Opinion

CASE NO. 2:20-CV-00736

03-10-2021

CHRISTOPHER LEHMAN v. HENRY GUINN ET AL

JUDGE TERRY A. DOUGHTY

MAGISTRATE JUDGE KAY

JUDGMENT

The Report and Recommendation of the Magistrate Judge [Doc. No. 14] having been considered, together with the written objections [Doc. No. 15] thereto filed with this Court, and, after a de novo review of the record, finding that the Magistrate Judge's Report and Recommendation is correct,

IT IS ORDERED, ADJUDGED, AND DECREED that Defendant's Motion to Dismiss [Doc. No. 13] is GRANTED IN PART and DENIED IN PART. To the extent Defendants move to dismiss Plaintiff's (1) equal protection claim for race discrimination; (2) substantive due process claim; and (3) first amendment retaliation claim arising from voicing his complaints to the City, the motion is GRANTED, and those claims are DISMISSED WITH PREJUDICE. To the extent Defendants move to dismiss Plaintiff's first amendment retaliation claim arising from his prior lawsuit against the City, the motion is DENIED. To the extent Defendants move to dismiss Plaintiff's equal protection "class of one" claim, the motion is DENIED, and Plaintiff is granted leave to AMEND his Complaint to allege a proper "class of one" claim within 30 days of this ruling.

Monroe, Louisiana, this 10^th day of March, 2021.

/s/_________

Terry A. Doughty

United States District Judge