Vincent v. City of Sulphur

Full title: CAROL J. VINCENT v. CITY OF SULPHUR, ET AL.

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

Date published: Sep 19, 2017

CIVIL ACTION NO. 2:17-CV-00573 (W.D. La. Sep. 19, 2017)

Opinion

CIVIL ACTION NO. 2:17-CV-00573

09-19-2017

CAROL J. VINCENT v. CITY OF SULPHUR, ET AL.

JUDGE WALTER

MAGISTRATE JUDGE KAY

JUDGMENT

For the reasons stated in the Report and Recommendation (Rec. Doc. 7) of the Magistrate Judge previously filed herein, after an independent review of the record, a review of the plaintiff's objection (Rec. Doc. 8), and a de novo determination of the issues, the court determines that the findings are correct under applicable law. A parish sheriff's department is not a juridical entity capable of being sued under Louisiana law. See Cozzo v. Tangipahoa Par. Council--President Gov't, 279 F.3d 273, 283 (5th Cir. 2002) (citing Ferguson v. Stephens, 623 So.2d 711, 714 (La. App. 4th Cir. 1993)). Accordingly,

IT IS ORDERED that all claims against the Calcasieu Parish Sheriff's Office are DISMISSED WITH PREJUDICE.

Shreveport, Louisiana, this 19 day of September, 2017.

/s/_________

DONALD E. WALTER

UNITED STATES DISTRICT JUDGE