Opinion
3:21-CV-04037 SEC P
08-07-2023
TERRY DALE TILMON #81500 v. CHAIRMAN ET AL.
KAYLA D. MCCLUSKY MAG. JUDGE
JUDGMENT
TERRY A. DOUGHTY UNITED STATES DISTRICT JUDGE
The Report and Recommendation of the Magistrate Judge [Doc. No. 98] having been considered and no objections thereto having been filed, and finding that same is supported by the law and record in this matter, IT IS ORDERED, ADJUDGED, AND DECREED that Defendants' Motion for Summary Judgment [Doc. No. 81] is GRANTED IN PART and DENIED IN PART. Defendants' Motion is GRANTED and Plaintiff's claims are DISMISSED with prejudice as to the following claims: (1) that Defendants exposed Plaintiff to excessive e-cigarette, tobacco, and marijuana smoke in violation of the Eighth Amendment; (2) that Defendants' failure to adequately staff the Union Parish Detention Center caused Plaintiff's exposure to marijuana smoke, which prevented him from practicing his religion; (3) that Defendants' failure to adequately staff the Union Parish Detention Center violated the Religious Land Use of Institutionalized Persons Act; (4) that the conditions of Plaintiff's confinement violated his Eighth Amendment rights; (5) Plaintiff's retaliation claim; (6) Plaintiff's state-law negligence claims only as to Union Parish Police Jury; and (7) Plaintiff's slip-and-fall claim.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendants'
Motion for Summary Judgment [Doc. No. 81] is otherwise DENIED.
Two claims remain, both against Union Parish Detention Center Commission: (1) state-law negligence for exposure to environmental tobacco smoke; and (2) state-law negligence for failure to control insects.