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Elphage v. Gautreaux

United States District Court, M.D. Louisiana

September 3, 2013

VERONICA ELPHAGE, ET AL
v.
SID J. GAUTREAUX, IN HIS CAPACITY AS SHERIFF OF EAST BATON ROUGE PARISH, ET AL

Page 494

[Copyrighted Material Omitted]

Page 495

For Veronica Elphage, wife of Ernest Elphage, individually and on behalf of Brittany Morgan on behalf of Davinesha Morgan on behalf of E'Sean Elphage, Ernest Elphage, Individually and on behalf of Brittany Morgan on behalf of Davinesha Morgan on behalf of E'Sean Elphage, Mary Morgan, Larry Pollard, Diana Morgan, Individually and on behalf of Romello Morgan, Jeanette Kelson Individually and on behalf of Tyrese Kelson on behalf of Alia Zeno, Cardell White, Sr., Individually and on behalf of Cardell White, Jr, Barbara Kelson, Individually and on behalf of Terry Juan Joseph, Jr., Carmenitha Kelson, Individually and on behalf of Jasmine Kelson on behalf of Cardell White, Jr, Plaintiffs: Jeffrey T. Greenberg, LEAD ATTORNEY, Jeffrey T. Greenberg, APLC, New Orleans, LA.

For Sid J. Gautreaux, III, in his capacity as Sheriff of East Baton Rouge Parish, George O'Connor, Jr., Defendants: Mary G. Erlingson, LEAD ATTORNEY, Catherine S. St. Pierre, Tara Lynn Johnston, Erlingson Banks, P.L.L.C., Baton Rouge, LA.

OPINION

Page 496

SHELLY D. DICK, DISTRICT JUDGE.

RULING

The Court has carefully considered the petition, the record, the law applicable to this action, and the Report and Recommendation of United States Magistrate Judge Richard L. Bourgeois, Jr. dated August 9, 2013. Defendants have filed an objection which the court has considered.

The Court hereby approves the Report and Recommendation of the Magistrate Judge and adopts it as the Court's opinion herein.

Accordingly, the Motion for Summary Judgment (Rec. Doc. 16) is granted in part dismissing with prejudice, Plaintiffs' federal claims under 42 U.S.C. § 1983, and the Fourth, Fifth, and Fourteenth Amendments of the United States Constitution and the Plaintiffs' state law claims for assault, battery, negligence, false arrest, false imprisonment, defamation, and intentional infliction of emotional distress . Summary judgment with regard to the Plaintiffs' federal claims under 42 U.S.C. § 1985 and 42 U.S.C. § 1986 are denied as insufficiently briefed.


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