Opinion

Durant v. Gretna City

Court
District Court, E.D. Louisiana
Filed
Aug 27, 2021
Cited by
0 cases
Authority
More cited than 22.3%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

RAYMOND DURANT CIVIL ACTION

VERSUS NO. 19-147

THE CITY OF GRETNA et al. SECTION: “G”

ORDER

In this litigation, Plaintiff Raymond Durant (“Plaintiff”) brings claims under 42 U.S.C. §

1983 and Louisiana law against the City of Gretna (“Gretna”), Gretna Chief of Police Arthur

Lawson (“Lawson”), and Officer Tramell Brooks.1 Pending before the Court is Lawson’s

“Motion for Summary Judgment.”2 In the Motion, Lawson argues that the Court should dismiss

Plaintiff’s claims against him in his official capacity because the claims are duplicative of the

claims Plaintiff asserts against the City of Gretna.3 Specifically, in the Amended Complaint,

Plaintiff brings (1) a vicarious liability claim against Gretna and Lawson in his official capacity

and (2) a Monell claim against Gretna and Lawson in his official capacity.4 Plaintiff does not

oppose the instant motion for summary judgment and “agrees that these claims are duplicative of

[Plaintiff’s] claims against the City of Gretna.”5

Claims against municipal officers in their official capacities are properly dismissed when

1 Rec. Doc. 1.

2 Rec. Doc. 100.

3 Rec. Doc. 100-1 at 2.

4 Rec. Doc. 66 at 8, 9.

5 Rec. Doc. 105.

“Tthose] allegations duplicate claims against the respective governmental entities themselves.”®

Here, the only claims Plaintiff asserts against Lawson are in his official capacity, claims which

Plaintiff also asserts against Gretna.’ Therefore, Plaintiff's claims against Lawson are duplicative

of his claims against Gretna. Accordingly,

IT IS HEREBY ORDERED that Lawson’s Motion for Summary Judgment® is

GRANTED.

IT IS FURTHER ORDERED that the claims brought by Plaintiff against Lawson in his

official capacity as Chief of the Gretna Police Department are DISMISSED WITH

PREJUDICE.

NEW ORLEANS, LOUISIANA, this 2th day of August, 2021.

NANNETTE JOLIVETTE BROWN

CHIEF JUDGE

UNITED STATES DISTRICT COURT

° Castro Romero v. Becken, 256 F.3d 349, 355 (Sth Cir. 2001); see also Flores vy. Cameron Cnty., 92 F.3d

258, 261 (Sth Cir. 1988).

T See Rec. Doc. 66.

® Rec. Doc. 100.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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