Opinion

Abraugh v. Altimus

Court
District Court, W.D. Louisiana
Filed
Oct 23, 2023
Cited by
0 cases
Authority
More cited than 22.6%

The opinion

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF LOUISIANA

SHREVEPORT DIVISION

KAREN ABRAUGH CIVIL ACTION NO. 20-252

VERSUS JUDGE ELIZABETH E. FOOTE

BILL ALTIMUS, ET AL. MAGISTRATE JUDGE HORNSBY

ORDER

Before the Court is Defendants’ Motion For Plaintiff To File A Rule 7(a) reply.

[Record Document 164]. For the following reasons, the motion is GRANTED.

The Plaintiff filed this civil rights, wrongful death, and survival action after Randall

Abraugh, the decedent, died while in the custody of Bossier Maximum Security Facility. A

predominant legal issue in this case is the Defendants’ assertion of qualified immunity,

and Plaintiff has recently filed her Fourth Amended Complaint. The record demonstrates

a pattern of issues with the allegations set forth in each of the Plaintiff’s complaints. The

Court has granted several opportunities to amend the complaint because if pleaded

adequately, the claims may have merit. Still, the most recent complaint contains vague

and conclusory allegations. As such, the Court finds a Rule 7(a) response to the defense

of qualified immunity is justified. The Fifth Circuit has stated that “[w]hen a public official

pleads the affirmative defense of qualified immunity in his answer, the district court may,

on the official’s motion or on its own, require the plaintiff to reply to that defense in detail.”

, 47 F.3d 1427, 1433 (5th Cir. 1995). It further noted that requiring a

plaintiff to file such a reply is within the district court’s discretion; however, “[v]indicating

the immunity doctrine will ordinarily require such a reply, and a district court’s discretion

not to do so is narrow indeed when greater detail might assist.” . at 1433-34.

., No. CV 15-0544, 2020 WL 1644054, at *1 (W.D. La. Apr. 2, 2020) (“Under

Fifth Circuit precedent, when faced with a complaint consisting of vague or conclusory

allegations against a defendant who raises a qualified immunity defense, the Court should

first order the plaintiff to file a Rule 7(a) reply that is tailored to specifically address the

defendant’s assertion of qualified immunity.”).

The Plaintiff’s Rule 7(a) reply should contain “allegations of fact focusing on the

conduct of [each] individual who caused the [plaintiff’s] injury,” which, if proven, would

establish the Defendants violated a clearly established constitutional or statutory right.

, 168 F.3d 158, 161 (5th Cir. 1999); 2020 WL 1644054, at *2. The

Plaintiff’s Rule 7(a) reply, which will primarily address the Defendants’ assertion of

qualified immunity, will influence any future arguments raised by the parties.

2020 WL 1644054, at *2. Thus, the Plaintiff should file a Rule 7(a) reply prior to the

Defendants filing any responsive pleadings. (denying a motion for judgment on

the pleadings with the right to re-urge after the plaintiff filed its Rule 7(a) reply).

Accordingly, based on the foregoing reasons, IT IS ORDERED that the

Defendants’ motion for a Rule 7(a) reply [Record Document 164] is GRANTED. Plaintiff’s

Rule 7(a) reply is due by November 30, 2023.

IT IS FURTHER ORDERED that Defendants shall file responsive pleadings on or

before December 21, 2023.

THUS DONE AND SIGNED this 23rd day of October, 2023.

— apoE Kj

ELIZA®

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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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