Sylvester v. Cain

Full title: DAVID SYLVESTER (#342848) v. BURL CAIN, ET AL.

Court: UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

Date published: Dec 21, 2011

CIVIL ACTION NO. 11-0219-FJP-DLD (M.D. La. Dec. 21, 2011)

Opinion

CIVIL ACTION NO. 11-0219-FJP-DLD

12-21-2011

DAVID SYLVESTER (#342848) v. BURL CAIN, ET AL.

FRANK J. POLOZOLA

OPINION

After independently reviewing the entire record in this case and for reasons set forth in the Magistrate Judge's Report¹ to which an objection² has been filed:

1 Rec. Doc. No. 31.

2 Rec. Doc. No. 33.

IT IS ORDERED that the defendants' Motion for Partial Summary Judgment³ is granted in part, dismissing all plaintiff's claims against Warden Burl Cain, Assistant Warden Chad Menzina, Maj . Chad Oubre, and Sgt. Michael Simpson. In all other respects, the Motion for Partial Summary Judgment is denied, and this action shall be referred back to the Magistrate Judge for further proceedings on the plaintiff's excessive force claim against Capt. Charles Westbrook and Lt. Mark Laprairie.

3 Rec. Doc. No. 14.
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Baton Rouge, Louisiana, this 21day of December, 2011.

_____________

FRANK J. POLOZOLA

MIDDLE DISTRICT OF LOUISIANA