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MacManus v. Lafayette Consol. Gov't

UNITED STATES DISTRICT COURT WESTERN DISTRICT COURT OF LOUISIANA LAFAYETTE DIVISION
Jul 13, 2015
Civil Action No. 15-01723 (W.D. La. Jul. 13, 2015)

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


Summaries of

MacManus v. Lafayette Consol. Gov't

UNITED STATES DISTRICT COURT WESTERN DISTRICT COURT OF LOUISIANA LAFAYETTE DIVISION
Jul 13, 2015
Civil Action No. 15-01723 (W.D. La. Jul. 13, 2015)
Case details for

MacManus v. Lafayette Consol. Gov't

Case Details

Full title:James Patrick MacManus v. Lafayette Consolidated Government, et al

Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT COURT OF LOUISIANA LAFAYETTE DIVISION

Date published: Jul 13, 2015

Citations

Civil Action No. 15-01723 (W.D. La. Jul. 13, 2015)