Gonzales v. Seal, 13-0034. (2018)
Court: District Court, E.D. Louisiana
Number: infdco20180731988
Visitors: 12
Filed: Jul. 30, 2018
Latest Update: Jul. 30, 2018
Summary: ORDER CARL BARBIER , District Judge . The Court, having considered the record, the applicable law, the Partial Report and Recommendation of the Chief United States Magistrate Judge, and the failure of the plaintiff to file an objection to the Chief Magistrate Judge's Partial Report and Recommendation, hereby approves the Partial Report and Recommendation of the Chief United States Magistrate Judge and adopts it as its opinion in this matter. Therefore, IT IS ORDERED that the Motion to D
Summary: ORDER CARL BARBIER , District Judge . The Court, having considered the record, the applicable law, the Partial Report and Recommendation of the Chief United States Magistrate Judge, and the failure of the plaintiff to file an objection to the Chief Magistrate Judge's Partial Report and Recommendation, hereby approves the Partial Report and Recommendation of the Chief United States Magistrate Judge and adopts it as its opinion in this matter. Therefore, IT IS ORDERED that the Motion to Di..
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ORDER
CARL BARBIER, District Judge.
The Court, having considered the record, the applicable law, the Partial Report and Recommendation of the Chief United States Magistrate Judge, and the failure of the plaintiff to file an objection to the Chief Magistrate Judge's Partial Report and Recommendation, hereby approves the Partial Report and Recommendation of the Chief United States Magistrate Judge and adopts it as its opinion in this matter. Therefore,
IT IS ORDERED that the Motion to Dismiss Based on Qualified Immunity (Rec. Doc. 79) filed by defendants EMT Bruce Forbes, Deputy Warden Keith Bickham, Assistant Warden Ronald Branch, CSM Larry Weary, and Lieutenant Darrell Peters is hereby GRANTED in part to dismiss with prejudice the plaintiff Antonio A. Gonzalez's 42 U.S.C. § 1983 medical indifference claim against EMT Forbes and excessive force through bystander liability claim against Deputy Warden Bickham under the doctrine of qualified immunity; DENIED in part as to Gonzalez's § 1983 excessive force through bystander liability claims against CSM Weary; and DISMISSED as MOOT in part as to Gonzalez's § 1983 excessive force through bystander liability claims against Lt. Peters and Assistant Warden Branch because the claims against these defendants were previously dismissed.
Source: Leagle
