Filed: Dec. 13, 2019
Latest Update: Dec. 13, 2019
Summary: CONSENT JUDGMENT CAROL B. WHITEHURST , Magistrate Judge . By agreement of counsel and considering the Motion to Dismiss Penalty, Punitive, or Exemplary Damages previously filed on behalf of LAFAYETTE-CITY PARISH CONSOLIDATED GOVERNMENT [Court Doc. #5]; IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Motion to Dismiss Penalty, Punitive, or Exemplary Damages filed on behalf of LAFAYETTE CITY-PARISH CONSOLIDATED GOVERNMENT [Court Doc. #5] be and same is hereby GRANTED, and plaintiff's
Summary: CONSENT JUDGMENT CAROL B. WHITEHURST , Magistrate Judge . By agreement of counsel and considering the Motion to Dismiss Penalty, Punitive, or Exemplary Damages previously filed on behalf of LAFAYETTE-CITY PARISH CONSOLIDATED GOVERNMENT [Court Doc. #5]; IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Motion to Dismiss Penalty, Punitive, or Exemplary Damages filed on behalf of LAFAYETTE CITY-PARISH CONSOLIDATED GOVERNMENT [Court Doc. #5] be and same is hereby GRANTED, and plaintiff's c..
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CONSENT JUDGMENT
CAROL B. WHITEHURST, Magistrate Judge.
By agreement of counsel and considering the Motion to Dismiss Penalty, Punitive, or Exemplary Damages previously filed on behalf of LAFAYETTE-CITY PARISH CONSOLIDATED GOVERNMENT [Court Doc. #5];
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Motion to Dismiss Penalty, Punitive, or Exemplary Damages filed on behalf of LAFAYETTE CITY-PARISH CONSOLIDATED GOVERNMENT [Court Doc. #5] be and same is hereby GRANTED, and plaintiff's claims for penalty, punitive, and exemplary damages against LAFAYETTE CITY-PARISH CONSOLIDATED GOVERNMENT under state law be and they are hereby DISMISSED, as there is no Louisiana state statute that allows for the recovery of punitive or exemplary damages in this matter.
IT IS HEREBY FURTHER ORDERED, ADJUDGED AND DECREED that pursuant to City of Newport v. Fact Concerts, Inc., 101 S.Ct. 2748 (1981), punitive damages cannot be recovered from LAFAYETTE CITY-PARISH CONSOLIDATED GOVERNMENT, and that plaintiff's claims against LAFAYETTE CITY-PARISH CONSOLIDATED GOVERNMENT for punitive damages are DISMISSED as a matter of law.
Mr. L. Clayton Burgess has given Joy C. Rabalais the authority to submit this proposed Consent Judgment with his electronic signature.
THUS DONE AND SIGNED.
