Evans v. Village of Creola, 1:18-cv-00983. (2019)
Court: District Court, W.D. Louisiana
Number: infdco20190219829
Visitors: 7
Filed: Jan. 13, 2019
Latest Update: Jan. 13, 2019
Summary: JUDGMENT DEE D. DRELL , District Judge . For the reasons contained in the Report and Recommendation of the Magistrate Judge previously filed herein, and after independent ( de novo ) review of the record including the objections filed herein, and having determined that the findings and recommendation are correct under the applicable law; IT IS ORDERED that Defendant City of Pineville's Rule 12(b)(6) Motion to Dismiss (Doc. 7) is GRANTED. Plaintiffs' claims for punitive damages under 1983
Summary: JUDGMENT DEE D. DRELL , District Judge . For the reasons contained in the Report and Recommendation of the Magistrate Judge previously filed herein, and after independent ( de novo ) review of the record including the objections filed herein, and having determined that the findings and recommendation are correct under the applicable law; IT IS ORDERED that Defendant City of Pineville's Rule 12(b)(6) Motion to Dismiss (Doc. 7) is GRANTED. Plaintiffs' claims for punitive damages under 1983 ..
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JUDGMENT
DEE D. DRELL, District Judge.
For the reasons contained in the Report and Recommendation of the Magistrate Judge previously filed herein, and after independent (de novo) review of the record including the objections filed herein, and having determined that the findings and recommendation are correct under the applicable law;
IT IS ORDERED that Defendant City of Pineville's Rule 12(b)(6) Motion to Dismiss (Doc. 7) is GRANTED. Plaintiffs' claims for punitive damages under § 1983 against the City, "solidary liability" against the City, and for vicarious or respondeat superior liability against the City, is DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that Defendant City of Pineville's Rule 12(b)(6) Motion to Dismiss (Doc. 10) is DENIED WITHOUT PREJUDICE to re-raising when, and if, the "John Doe and others" defendants are identified and named in a motion for leave to amend.
IT IS FURTHER ORDERED that Defendant City of Pineville's Motion for More Definite Statement (Doc. 7) is GRANTED. Plaintiffs shall amend their complaint within 30 days setting forth short and plain statements of the statutory or constitutional basis for each claim as to each Plaintiff against each Defendant, as well as any official policies or customs alleged to have resulted in the violations of Plaintiffs' constitutional or statutory rights.
THUS ORDERED AND SIGNED.
Source: Leagle
