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16-2938 - Matthews v. Tangipahoa Parish Police Jury et al


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16-2938 - Matthews v. Tangipahoa Parish Police Jury et al
December 13, 2016
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PARTIAL REPORT AND RECOMMENDATIONS: RECOMMENDED that Matthews's § 1983 claims against the Tangipahoa Parish Police Jury and/or Tangipahoa Parish and against Sheriff Edwards, Warden Finn, Deputy Eady, and Deputy Sospheas, each in their official capacity, be DISMISSED WITH PREJUDICE as frivolous and otherwise for failure to state a claim for which relief can be granted pursuant to 28 U.S.C. § 1915(e), § 1915A and 42 U.S.C. § 1997e. FURTHER RECOMMENDED that Matthews's § 1983 claims against Sheriff Edwards and Warden Finn, each in their individual capacity, be DISMISSED WITH PREJUDICE as frivolous and otherwise for failure to state a claim for which relief can be granted pursuant to 28 U.S.C. § 1915(e), § 1915A and 42 U.S.C. § 1997e. FURTHER RECOMMENDED that Matthews's § 1983 claims for use of racial slurs and use of restraints against Deputy Sospheas, in his individual capacity, be DISMISSED WITH PREJUDICE as frivolous and otherwise for failure to state a claim for which relief can be granted pursuant to 28 U.S.C. § 1915, §1915A and 42 U.S.C. § 1997e.FURTHER RECOMMENDED that Matthews's § 1983 claims for use of racial slurs and excessive force on November 23, 2015, against Deputy Eady, in his individual capacity, be DISMISSED WITH PREJUDICE as frivolous and otherwise for failure to state a claim for which relief can be granted pursuant to 28 U.S.C. § 1915, §1915A and 42 U.S.C. § 1997e.FURTHER RECOMMENDED that Matthews's § 1983 condition of confinement claims be DISMISSED WITH PREJUDICE as frivolous and otherwise for failure to state a claim for which relief can be granted pursuant to 28 U.S.C. § 1915, § 1915A, and 42 U.S.C. § 1997e.FURTHER RECOMMENDED that Matthews's § 1983 claims of intentional indifference to his safety and use of excessive force against Deputy Sospheas in his individual capacity and his § 1983 claims of intentional indifference to his health (denial of the liquid diet) and safety (inciting the inmate attack) against Deputy Eady in his individual capacity be referred back to the undersigned Magistrate Judge for further pretrial proceedings after addressing this Report and Recommendation. Objections to R&R due by 12/27/2016. Signed by Magistrate Judge Karen Wells Roby.(cml)
February 3, 2017
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ORDER ADOPTING PARTIAL REPORT AND RECOMMENDATIONS 14. It is ORDERED that the 42 U.S.C. 1983 claims of Ronald Eugene Matthews, II, against the Tangipahoa Parish Police Jury and/or Tangipahoa Parish and against Sheriff Daniel Edwards, Warden Finn, Deputy Eady, and Deputy Sospheas, each in their official capacity, are DISMISSED WITH PREJUDICE as frivolous and otherwise for failure to state a claim for which relief can be granted. It is FURTHER ORDERED that Matthews's 1983 claims against Sheriff Edwards and Warden Finn, each in their individual capacity, are DISMISSED WITH PREJUDICE as frivolous and otherwise for failure to state a claim for which relief can be granted. It is FURTHER ORDERED that Matthews's 1983 claims for use of racial slurs and use of restraints against Deputy Sospheas, in his individual capacity, are DISMISSED WITH PREJUDICE as frivolous and otherwise for failure to state a claim for which relief can be granted. It is FURTHER ORDERED that Matthews's 1983 claim for use of racial slurs and excessive force on November 23, 2015, against Deputy Eady, in his individual capacity, are DISMISSED WITH PREJUDICE as frivolous and otherwise for failure to state a claim for which relief can be granted. It is FURTHER ORDERED that Matthews's 1983 condition of confinement claims are DISMISSED WITH PREJUDICE as frivolous and otherwise for failure to state a claim for which relief can be granted. It is FURTHER ORDERED that Matthews's 1983 claims of intentional indifference to his safety and use of excessive force brought against Deputy Sospheas in his individual capacity and his 1983 claims of intentional indifference to his health related to the liquid diet and intentional indifference to his safety related to the alleged inciting of the inmate attack brought against Deputy Eady in his individual capacity are referred back to the assigned Magistrate Judge for further pretrial proceedings. It is FURTHER ORDERED that Matthews's Motion for Leave to File Amended Complaint (Rec. Doc. 15) is GRANTED. The name of the Defendant, referred to as "Tangipahoa Police Jury" in Matthews's original complaint, is hereby replaced by "Parish of Tangipahoa." Signed by Judge Carl Barbier on 2/2/2017. (NEF: KWR)(gec)