Opinion
Civil Action No. 15-01723
07-13-2015
James Patrick MacManus v. Lafayette Consolidated Government, et al
Magistrate Judge C. Michael Hill
JUDGMENT
Before the court is an unopposed Motion to Dismiss For Failure To State A Claim Upon Which Relief Can Be Granted filed by defendants Lafayette City-Parish Consolidated Government; Officer Ricky Fontenot, Individually and in his Official Capacity as a Police Officer for Lafayette City-Parish Consolidated Government; and Officer Michael J. Onezime, Individually and in his Official capacity as a Police Officer for Lafayette City-Parish Consolidated Government [Rec. Doc. 5]. Defendants contends that Officer Fontenot and/or Officer Onezime were not acting under the authority of the federal government, and therefore, the claims under the Fifth Amendment should be dismissed.
Under Local Rule 7.5, a party's failure to file a response to a motion within the time allowed for (21 days) is construed as non-opposition to the motion. Any opposition to Defendant's motion was due by July 6, 2015. --------
The Fifth Amendment's Due Process Clause only applies to constitutional violations committed by the United States or a federal actor. Jones v. City of Jackson, 203 F.3d 875, 880 (5th Cir. 2000). Plaintiff alleges that Officer Fontenot and Officer Onezime are employees of the Lafayette Consolidated Government, a municipal government. Therefore, as the officers were not acting under the authority of the federal government, plaintiff has failed to state a claim against them for a Fifth Amendment violation. Accordingly,
IT IS ORDERED that the unopposed Motion to Dismiss For Failure To State A Claim Upon Which Relief Can Be Granted filed by the Lafayette Consolidated Government [Rec. Doc. 5] is GRANTED.
Thus done and signed this 13th day of July, 2015 at Lafayette, Louisiana.
/s/_________
Richard T. Haik, Sr.
United States District Judge