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Clark v. Lafayette Police Department, 6:18-CV-00058. (2018)

Court: District Court, W.D. Louisiana Number: infdco20180727c62 Visitors: 17
Filed: Jul. 26, 2018
Latest Update: Jul. 26, 2018
Summary: JUDGMENT TERRY A. DOUGHTY , District Judge . The Report and Recommendation of the Magistrate Judge [Doc. No. 19] having been considered, and after a de novo review of the entire record in this matter, including Plaintiff's objections [Doc. No. 20], and finding that the Magistrate Judge's findings are correct under the law and the record, IT IS ORDERED, ADJUDGED, AND DECREED that the unopposed Motion to Dismiss Penalty, Punitive, or Exemplary Damages [Doc. No. 7] is GRANTED, and Plaint
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JUDGMENT

The Report and Recommendation of the Magistrate Judge [Doc. No. 19] having been considered, and after a de novo review of the entire record in this matter, including Plaintiff's objections [Doc. No. 20], and finding that the Magistrate Judge's findings are correct under the law and the record,

IT IS ORDERED, ADJUDGED, AND DECREED that the unopposed Motion to Dismiss Penalty, Punitive, or Exemplary Damages [Doc. No. 7] is GRANTED, and Plaintiff's claims for punitive damages are DISMISSED WITH PREJUDICE.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Motion to Dismiss For Failure to State a Claim Upon Which Relief Can Be Granted filed by Defendants Chief Toby Aguillard, individually and in his official capacity as chief of police of Lafayette City-Parish Consolidated Government ("LCG"), Officer Nick Bayard, individually and in his official capacity as a police officer for LCG, and Corporal Chris Cormier, individually and in his official capacity as a police officer for LCG [Doc. No. 5] is GRANTED, and Plaintiff's claims under 42 U.S.C. § 1983, as well as his state law claims are DISMISSED WITH PREJUDICE as either barred under Heck v. Humphrey and/or prescribed and/or for failure to state a claim pursuant to Rule 12(b)(6).

Source:  Leagle

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