Opinion

Pellerin v. Lafayette Consolidated Government

Court
District Court, W.D. Louisiana
Filed
Sep 23, 2021
Cited by
0 cases
Authority
More cited than 22.6%

The opinion

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF LOUISIANA

LAFAYETTE DIVISION

CEDRICK PELLERIN ET AL CASE NO. 6:20-CV-01380

VERSUS JUDGE ROBERT R.

SUMMERHAYS

LAFAYETTE CONSOLIDATED MAGISTRATE JUDGE CAROL B.

GOVERNMENT ET AL WHITEHURST

REPORT AND RECOMMENDATION

Before the Court is Motion to Dismiss pursuant to F.R.C.P. Rule 12(b)(6) filed

on behalf of Lafayette Police Department (“LPD”). (Rec. Doc. 11). Plaintiffs did not

oppose the motion. The Motion was referred to the undersigned magistrate judge for

review, report, and recommendation in accordance with the provisions of 28 U.S.C.

§636 and the standing orders of this Court. Considering the evidence, the law, and

the arguments of the parties, and for the reasons explained below, the Court

recommends that LPD’s Motion be granted.

Plaintiffs filed this suit pursuant to 18 U.S.C. §1983 after their son was

allegedly shot by LPD officers. Plaintiffs sued LPD Chief Scott Morgan, Lafayette

Consolidated Government, LPD, and several unnamed police officers. (Rec. Doc.

3). LPD filed the instant motion seeking dismissal on the grounds that it lacks the

procedural capacity to be sued. Plaintiffs did not oppose the motion, and LPD’s

position is supported by ample jurisprudence. See e.g. Broussard v. Lafayette City-

Par. Consol. Gov't, 45 F. Supp. 3d 553, 571 (W.D. La. 2014) (citing cases); and

Brown v. Lafayette City-Par. Consol. Gov't, No. CIV. 6:13-2436, 2014 WL

1217960, at *1 (W.D. La. Feb. 28, 2014) (“The undersigned has found no law,

Constitutional, statutory, or otherwise, that confers upon the LPD the authority to

sue or be sued, or that entitles it to function independently of the City of Lafayette.”)

Conclusion

For the reasons discussed herein, the Court recommends that Lafayette Police

Department’s Motion to Dismiss pursuant to Rule 12(b)(6) (Rec. Doc. 11) be

GRANTED.

Under the provisions of 28 U.S.C. § 636(b)(1)(C) and Fed. R. Civ. P. 72(b),

parties aggrieved by this recommendation have fourteen days from service of this

report and recommendation to file specific, written objections with the Clerk of

Court. A party may respond to another party’s objections within fourteen days after

being served with of a copy of any objections or responses to the district judge at the

time of filing.

Failure to file written objections to the proposed factual findings and/or the

proposed legal conclusions reflected in the report and recommendation within

fourteen days following the date of its service, or within the time frame authorized

by Fed. R. Civ. P. 6(b), shall bar an aggrieved party from attacking either the factual

findings or the legal conclusions accepted by the district court, except upon grounds

of plain error. See Douglass v. United Services Automobile Association, 79 F.3d

1415 (5 Cir. 1996) (en banc), superseded by statute on other grounds, 28 U.S.C.

§$636(b)(1).

THUS DONE in Chambers, Lafayette, Louisiana on this 23% day of

September, 2021. (whl &

CAROL B. WHITEHURST

UNITED STATES MAGISTRATE JUDGE

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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