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17-8164 - Spikes v. McVea et al


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17-8164 - Spikes v. McVea et al
May 7, 2018
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ORDER AND REASONS re 24 Motion to Dismiss for Failure to State a Claim - IT IS ORDERED that Defendants Dr. Casey McVea, Lesley Wheat, Wendy Seal, R. Bowman, and Paula Stringer's motion to dismiss is GRANTED in part and DENIED in part. With respect to Plaintiff's 42 U.S.C. § 1983 claims based on violations of the Eighth Amendment and claims based on Louisiana Civil Code article 2315, the motion is DENIED. With respect to Plaintiff's 42 U.S.C. § 1983 claims based on violations of the Fifth Amendment, the motion is GRANTED. IT IS ORDERED Plaintiff's claims against Defendants based on the Fifth Amendment are hereby DISMISSED WITH PREJUDICE. Signed by Judge Susie Morgan. (bwn)
July 6, 2018
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ORDER AND REASONS - IT IS ORDERED that Defendants Dr. Casey McVea, Lesley Wheat, Wendy Seal, R. Bowman, and Paula Stringer's 41 motion to dismiss is GRANTED in part and DENIED in part. With respect to Plaintiff's claims against Defendants in their individual capacities based on Louisiana Civil Code article 2315, the motion is GRANTED. With respect to Plaintiff's claims based on conduct that occurred prior to August 23, 2016, the motion is DENIED. IT IS ORDERED that Plaintiff's state law claims against Defendants be and hereby are DISMISSED WITH PREJUDICE. Signed by Judge Susie Morgan. (bwn)