# Sam

> District Court, M.D. Louisiana · November 10, 2025

URL: https://www.frixlaw.com/law-library/cases/11201008

## Case

- **Full name:** Kevin Sam v. Stafford Byrd, et al.
- **Court:** District Court, M.D. Louisiana
- **Decided:** November 10, 2025
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA

KEVIN SAM
CIVIL ACTION
VERSUS
NO. 23-1485-JWD-EWD
STAFFORD BYRD, ET AL.

RULING AND ORDER
This matter comes before the Court on the Motion for Partial Summary Judgment (Doc. 31)
(“Pl. MSJ”) filed by Plaintiff Kevin Sam (“Plaintiff” or “Sam”). Defendants Stafford Byrd
(“Byrd”) and the State of Louisiana through the Department of Public Safety and Corrections
(“State” or “DOC”) (collectively, “Defendants”) oppose the motion, (Doc. 37), and Plaintiff has
filed a reply, (Doc. 38). Oral argument is not necessary. The Court has carefully considered the
law, the facts in the record, and the arguments and submissions of the party and is prepared to rule.
For the following reasons, Plaintiff’s motion is granted in part and denied in part.
I. RELEVANT FACTUAL AND PROCEDURAL BACKGROUND
Plaintiff was a DOC offender housed at Louisiana State Penitentiary (“LSP”) at Angola on
December 5, 2021. (Answer ¶ 4, Doc. 13.) On the same day, Byrd was employed by DOC at LSP.
(Id. ¶ 5.)
Plaintiff claims that Byrd severely and unnecessarily beat him without provocation or any
resistance by Sam. (Ruling and Order, Doc. 47 at 1–3.) Plaintiff brings claims against Byrd for
(1) excessive force in violation of the Eighth Amendment under 42 U.S.C. § 1983, and (2) state
law claims of battery and negligence. (Am. Pet. ¶¶ 35–42, Doc. 1-8.) Plaintiff also alleges that the
State is vicariously liable for the state law torts of Byrd. (Id. ¶¶ 43.)
Plaintiff’s testimony as to what happened is recounted in the Court’s ruling on Defendants’
Motion for Partial Summary Judgment (Doc. 33) (“Defs. MSJ”).1 That version need not be
repeated in full here.
Defendants, of course, provide a different account of what happened, and that is more

relevant to the instant motion. Specifically, Byrd claims that, on December 5, 2021, his job duties
included conducting shake down searches of offenders coming off the Cell Block D recreation
Yard. (Byrd Aff. ¶ 3, Doc. 37-2.) At about 3:15 p.m., he was conducting such searches and
attempted to do so on Sam. (Id. ¶ 4.) Byrd says he ordered Sam to submit to a shake down search,
but Sam refused. (Id. ¶ 5.) Byrd ordered him to submit to a search again, and Sam again refused,
stating, “You ain’t about to pat me down, you bitch ass n####.” (Id. ¶ 6.)
Byrd tried to conduct the shake down search by patting Sam down, but Sam pulled away
from his attempt to reach him. (Id. ¶¶ 7–8.) Byrd grabbed Sam by his arm in an effort to restrain
him and obtain his compliance with the search. (Id. ¶ 8.) Sam tried to pull himself free of Byrd’s
grip, so Bryd tried to end Sam’s resistance by bringing Sam to the ground so he could be placed

in mechanical restraints. (Id. ¶¶ 9–10.)
Lt. Walker assisted Byrd in applying those restraints once Plaintiff was on the ground. (Id.
¶ 11.) After they applied the restraints, Bryd and Walker searched Sam and brought him to Cell
Block D. (Id. ¶ 12.) Thereafter, Byrd reported to medical personnel for evaluation and was cleared
fit to return to duty. (Id. ¶ 13.)
Byrd avers, “At no point in [his] interaction with . . . Sam on December 5, 2021, did [Byrd]
observe any physical injury to him, and he did not voice any complaint of injury to [Byrd].” (Id. ¶

1 The Court notes the Plaintiff provides an account of what happened in his Statement of Undisputed Material Facts
Offered in Relation to [Pl. MSJ] (Doc. 31-3) (“SUMF”). However, as Defendants point out, Plaintiff provides almost
no record citations in this document. This deficiency will be discussed further below.
14.) Further, “[a]t no point in [his] interaction with . . . Sam on [that day] did [Byrd] punch him or
otherwise strike him with [his] fist or any other implement.” (Id. ¶ 15.)
Defendants also submit some of Plaintiff’s medical records. On December 5, 2021, the day
of the incident, Plaintiff sought treatment alleging he got hit in the head and eye. (Doc. 37-3 at 4.)

The provider reported “0 bruising 0 swelling 0 trauma.” (Id.) Plaintiff was not seen again until
December 8, 2021, (3 days later), during which time he got “beat up” and “hit in the eye,” and he
had “bruising” and “swelling.” (Id. at 3.) Plaintiff was then seen again on December 11, 2021, at
which time he showed 0 visible signs of trauma, “refused to be assessed” and “voice[d] no medical
complaints at this time.” (Id. at 2.)
Plaintiff now files the instant motion seeking partial summary judgment on some of
Defendants’ affirmative defenses. (Doc. 31 at 1.) Specifically, Plaintiff seeks dismissal of the
following defenses: (1) qualified immunity; (2) denial of liability; (3) comparative fault; (4) failure
to mitigate; (5) good faith; (6) discretionary immunity under La. R.S. § 9:2798.1; and (7) the
statutory cap under La. R.S. § 13:5106. (Id. at 1–2.)

II. SUMMARY JUDGMENT STANDARD
Motions for summary judgment are governed by Rule 56 of the Federal Rules of Civil
Procedure, which states that a “court shall grant summary judgment if the movant shows that there
is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of
law.” Fed. R. Civ. P. 56(a). “A party asserting that a fact cannot be or is genuinely disputed must
support the assertion by citing to particular parts of materials in the record,” or by “showing that
the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse
party cannot produce admissible evidence to support the fact.” Fed. R. Civ. P. 56(c)(1).
Thus, “[a] movant for summary judgment need not set forth evidence when the nonmovant
bears the burden of persuasion at trial.” Wease v. Ocwen Loan Servicing, L.L.C., 915 F.3d 987,
997 (5th Cir. 2019) (citing Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986) (“we find no express
or implied requirement in Rule 56 that the moving party support its motion with affidavits or other

similar materials negating the opponent's claim.”)). “The moving party may meet its burden to
demonstrate the absence of a genuine issue of material fact by pointing out that the record contains
no support for the non-moving party’s claim.” Id. (citing Stahl v. Novartis Pharms. Corp., 283
F.3d 254, 263 (5th Cir. 2002)).
If the mover bears his burden of showing that there is no genuine issue of fact, “its opponent
must do more than simply show that there is some metaphysical doubt as to the material facts. . . .
The nonmoving party must come forward with specific facts showing that there is a genuine issue
for trial.” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586–87 (1986) (cleaned
up). The non-mover’s “burden is not satisfied with some metaphysical doubt as to the material
facts, by conclusory allegations, by unsubstantiated assertions, or by only a scintilla of evidence.”

Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir. 1994) (cleaned up).
Additionally, “[w]hen evidence exists in the summary judgment record but the nonmovant
fails even to refer to it in the response to the motion for summary judgment, that evidence is not
properly before the district court.” Malacara v. Garber, 353 F.3d 393, 405 (5th Cir. 2003) (citing
Ragas v. Tennessee Gas Pipeline Co., 136 F.3d 455, 458 (5th Cir. 1998); Skotak v. Tenneco Resins,
Inc., 953 F.2d 909, 916 (5th Cir. 1992). “Rule 56 does not impose upon the district court a duty to
sift through the record in search of evidence to support a party’s opposition to summary judgment.”
Id. (quoting, inter alia, Ragas, 136 F.3d at 458). See also Nissho–Iwai American Corp. v. Kline,
845 F.2d 1300, 1307 (5th Cir. 1988) (it is not necessary “that the entire record in the case . . . be
searched and found bereft of a genuine issue of material fact before summary judgment may be
properly entered”); cf. United States v. Dunkel, 927 F.2d 955, 956 (7th Cir. 1991) (“Judges are not
like pigs, hunting for truffles buried in briefs”).
Ultimately, “[w]here the record taken as a whole could not lead a rational trier of fact to

find for the non-moving party, there is no ‘genuine issue for trial.’” Matsushita Elec. Indus. Co.,
475 U.S. at 587 (citation omitted).
In resolving the motion, the court may not undertake to evaluate the
credibility of the witnesses, weigh the evidence, or resolve factual
disputes; so long as the evidence in the record is such that a
reasonable jury drawing all inferences in favor of the nonmoving
party could arrive at a verdict in that party's favor, the court must
deny the motion. Indeed, even if the moving party comes forward
with an abundance of evidence supporting its theory of the case, the
nonmoving party may nevertheless defeat the motion by countering
with evidence of its own, which, if credited by the fact-finder, would
entitle the nonmoving party to a verdict in its favor. Or, the non-
moving party can defeat the motion by demonstrating that the
evidence tendered by the moving party is itself laced with
contradictions of [material] fact.

Int’l Shortstop, Inc. v. Rally’s, Inc., 939 F.2d 1257, 1263–64 (5th Cir. 1991) (cleaned up).

III. DISCUSSION
A. Preliminary Note
Defendants raise the point that Plaintiff largely does not support his SUMF with any
citations to record documents. (Doc. 37 at 3.) Thus, say Defendants, the Court should disregard
most of this submission. (Id.) Plaintiff responds that he does not have the burden of proof on
affirmative defenses and need only point to a lack of proof by Defendants. (Doc. 38 at 2.)
Both sides make fair points. Defendants are correct that Plaintiff’s SUMF violates Local
Civil Rule 56; this rule provides in relevant part:
An assertion of fact set forth in a statement of material facts shall be
followed by a citation to the specific page or paragraph of identified
record material supporting the assertion. The court may disregard
any statement of fact not supported by a specific citation to record
material properly considered on summary judgment. The court shall
have no independent duty to search or consider any part of the record
not specifically referenced in the parties’ separate statement of facts.

M.D. La. Civ. R. 56(f). Thus, the Court may disregard any unsupported facts.
Plaintiff says that he does not bear the burden of proving affirmative defenses. It is certainly
true that “[a]n affirmative defense places the burden of proof on the party pleading it.” Occidental
Petroleum Corp. v. Wells Fargo Bank, N.A., 117 F.4th 628, 643 (5th Cir. 2024) (quoting F.T.C. v.
Nat’l Bus. Consultants, Inc., 376 F.3d 317, 322 (5th Cir. 2004)). And, as stated above, “[a] movant
for summary judgment need not set forth evidence when the nonmovant bears the burden of
persuasion at trial.” Wease, 915 F.3d at 997 (citation omitted). Thus, Sam makes a fair point that
he “may meet its burden to demonstrate the absence of a genuine issue of material fact by pointing
out that the record contains no support for the non-moving party’s claim.” Id. (citation omitted).
But, there are a few problems with Plaintiff’s position. First, “once the defense of qualified
immunity has been raised, the plaintiff has the burden of demonstrating that ‘(1) the official
violated a statutory or constitutional right, and (2) the right was “clearly established” at the time.’”
McClelland v. Katy Indep. Sch. Dist., 63 F.4th 996, 1005 (5th Cir. 2023) (emphasis added) (quoting
Benfield v. Magee, 945 F.3d 333, 337 (5th Cir. 2019) (quoting Morgan v. Swanson, 659 F.3d 359,
371 (5th Cir. 2011) (en banc))).2 Thus, as to this specific defense, Plaintiff has the burden, and he
must bring forward evidence to support his claim. Second, more broadly speaking, Plaintiff cites
no authority for the proposition that he is relieved of his obligations to comply with the Local
Rules in situations such as these.

2 The Court finds it highly doubtful that a litigator as seasoned as Plaintiff’s counsel, who has probably tried over ten
§ 1983 cases before undersigned, would not know that her client has the burden of overcoming qualified immunity.
Perhaps recognizing this problem, Plaintiff attempts to cure his deficient filing by attaching
his deposition, an employee manual, and a corrected SUMF to his reply memorandum. (Docs. 38-
1, 38-2, 38-3, and 38-4). The Court has discretion to consider new evidence filed with a reply,
depending on the circumstances of the case, including its timing, the existing litigation posture,

and whether the non-movant is given an adequate opportunity to respond. See Elwakin v. Target
Media Partners Operating Co. LLC, 901 F. Supp. 2d 730, 745–46 (E.D. La. 2012) (citations
omitted).
Under the unique circumstances of this case, the Court will not strike these exhibits or the
amended SUMF. First, the reply was filed in late May 2025, and no subsequent objection or motion
to strike Plaintiff’s exhibits has been filed. (Doc. 38.) Second, Plaintiff’s version of the facts largely
comes from his deposition, which was submitted before this reply memorandum with Plaintiff’s
opposition to Defs. MSJ. (Doc. 36-1.) Thus, the reply (and deposition attached to it) raised no new
issues. Third, Defendants were already in possession of Byrd’s employment manual. And fourth,
and most critical to the Court, the Court finds that this motion largely turns on the evidence

submitted by Defendants and the questions of fact that arise from that evidence. As a result,
Defendants suffer no prejudice from this submission, and it ultimately has little if any effect on
the outcome of the motion. Phrased another way, the parties are fighting over an unimportant issue.
B. Defenses Regarding Liability
1. Qualified Immunity
a. Parties’ Arguments
Plaintiff first seeks summary judgment on Defendants’ defense of qualified immunity.
(Doc. 31-2 at 4.) Plaintiff argues that qualified immunity rarely applies in the context of excessive
force claims under the Eighth Amendment, and it does not apply in this case either. (Id.) Plaintiff
recaps his version of the facts before asserting that qualified immunity does not apply to state law
claims either. (Id. at 5–7.) Plaintiff then turns to the federal claims, citing several cases where
qualified immunity was denied to a defendant on a motion for judgment on the pleadings or when
the defendant submitted no evidence to refute Plaintiff’s allegations. (Id. at 7–9.) Similarly,

because, says Plaintiff, he was unjustly beaten, Plaintiff is entitled to partial summary judgment
on the qualified immunity defense. (Id. at 9–10.)
In response, Defendants make some irrelevant points3 before arguing that qualified
immunity remains applicable to Plaintiff’s federal claims. (Doc. 37 at 4.) According to Defendants,
Plaintiff has no evidence while, conversely, Defendants submit Byrd’s affidavit to contradict
Plaintiff’s account. (Id.) Thus, the Court should reject Plaintiff’s arguments. (Id. at 5.)
Plaintiff replies that (1) there is no qualified immunity under Louisiana state law for a
battery nor does it affect respondeat superior for a battery, and (2) Plaintiff’s account of what
happen shows there is no qualified immunity. (Doc. 58 at 2–3.)
b. Applicable Law

“Qualified immunity shields government officials performing discretionary functions from
civil damages liability ‘as long as their actions could reasonably have been thought consistent with
the rights they are alleged to have violated.’” Crittindon v. LeBlanc, 37 F.4th 177, 185 (5th Cir.
2022), cert. denied, 144 S. Ct. 90 (2023) (quoting Anderson v. Creighton, 483 U.S. 635, 638
(1987)). “Determining whether an officer is entitled to qualified immunity requires a two-step
inquiry. First, we ask whether the officer’s alleged conduct has violated a federal right. Second,

3 Defendants argue first that qualified immunity is available as a corollary to a claim under Louisiana’s version of the
Eighth Amendment, La. Const. Art. I, § 20. (Doc. 37 at 3.) Next, Defendants then pound that Plaintiff only asserts a
claim of vicarious liability against the state for battery. (Id. at 4.) As Plaintiff points out in reply, he makes no claim
under the Louisiana constitution. (Doc. 38 at 2.)
we ask whether the right in question was clearly established at the time of the alleged violation,
such that the officer was on notice of the unlawfulness of his or her conduct.” Id. at 185–86
(cleaned up). Courts are “permitted to exercise their sound discretion in deciding which of the two
prongs of the qualified immunity analysis should be addressed first in light of the circumstances

in the particular case at hand.” Pearson v. Callahan, 555 U.S. 223, 236 (2009).
As to the first prong, this Court has recognized:

A use of force by a prison official is excessive and violates the
Eighth Amendment to the United States Constitution only when
such force is applied maliciously and sadistically for the very
purpose of causing harm rather than in a good faith effort to maintain
or restore discipline. Wilkins v. Gaddy, 559 U.S. 34, 37 (2010),
quoting Hudson v. McMillian, 503 U.S. 1, 7 (1992). Not every
malicious or malevolent action by a prison guard gives rise to a
federal cause of action, however, and the Eighth Amendment’s
prohibition against cruel and unusual punishment necessarily
excludes from constitutional recognition de minimis uses of physical
force, provided that such force is not of a sort “repugnant to the
conscience of mankind.” Hudson v. McMillian, supra, 503 U.S. at
10, quoting Whitley v. Albers, 475 U.S. 312, 327 (1986).

The fact that an inmate may have sustained only minimal injury,
however, does not end the inquiry, and an inmate who has been
subjected to gratuitous force by prison guards “does not lose his
ability to pursue an excessive force claim merely because he has the
good fortune to escape without serious injury.” Wilkins v. Gaddy,
supra, 559 U.S. at 38. Notwithstanding this, the Court may consider
the extent of injury, if any, as potentially relevant to a determination
whether an alleged use of force was excessive under the
circumstances. In addition, other factors that may be considered in
determining whether an alleged use of force has been excessive
include the perceived need for the application of force, the
relationship between the need for force and the amount of force
utilized, the threat reasonably perceived by prison officials, and any
efforts made to temper the severity of a forceful response. Hudson
v. McMillian, supra, 503 U.S. at 7.
Locklear v. Warden, No. CV 22-894-JWD-SDJ, 2023 WL 5814401, at *3 (M.D. La. Aug. 8, 2023),
report and recommendation adopted, No. CV 22-894-JWD-SDJ, 2023 WL 5811248 (M.D. La.
Sept. 7, 2023).
As to the second prong, “[i]n determining what constitutes clearly established law, [the

Fifth Circuit] first looks to Supreme Court precedent and then to [its] own.” Crittindon, 37 F.4th
at 186 (quoting Shumpert v. City of Tupelo, 905 F.3d 310, 320 (5th Cir. 2018)). “When there is no
direct controlling authority, [the Fifth Circuit] may rely on decisions from other circuits to the
extent that they constitute a robust consensus of cases of persuasive authority.” Id. (quoting
Shumpert, 905 F.3d at 320 (internal quotation marks and citation omitted)). “Ultimately, the
touchstone is ‘fair warning’: The law can be clearly established ‘despite notable factual distinctions
between the precedents relied on and the cases then before the Court, so long as the prior decisions
gave reasonable warning that the conduct then at issue violated constitutional rights.’” Id. (quoting
Shumpert, 905 F.3d at 321 (quoting Hope v. Pelzer, 536 U.S. 730, 740 (2002))).
Nevertheless, “[t]o be clearly established, a right must be ‘sufficiently clear that every

reasonable official would have understood that what he is doing violates that right.’” Garcia v.
Blevins, 957 F.3d 596, 600 (5th Cir. 2020) (quoting Mullenix v. Luna, 577 U.S. 7, 11 (2015) (per
curiam)). Courts “do not require plaintiffs to identify a case ‘directly on point,’ but the case law
must ‘place[ ] the statutory or constitutional question beyond debate.’” Id. (quoting Morgan v.
Swanson, 659 F.3d 359, 371 (5th Cir. 2011)) (quoting Ashcroft v. al-Kidd, 563 U.S. 731, 741
(2011)).
c. Analysis
Having carefully considered the matter, the Court will deny Pl. MSJ on this issue as moot.
First, Defendants concede that they do not have qualified immunity for the battery claim. (Doc. 37
at 4 (“While qualified immunity may not apply to the particular state law claims that Plaintiff has
now limited himself to, the defense remains applicable as to Plaintiff’s federal claims.”).) Thus,
Plaintiff seeks summary judgment regarding a state law affirmative defense that Defendants are
not asserting.

Second, as to the federal claims, and contrary to Plaintiff’s position, it is his burden to show
that qualified immunity does not apply. See McClelland, 63 F.4th at 1005 (citations omitted). “If
the movant bears the burden of proof on an issue, either because he is the plaintiff or as a defendant
he is asserting an affirmative defense, he must establish beyond peradventure (that is, beyond
doubt) all of the essential elements of the claim or defense to warrant judgment in his favor.” Imani
v. City of Baton Rouge, 614 F. Supp. 3d 306, 334 (M.D. La. 2022) (deGravelles, J.) (cleaned up).
That is,
In contrast, if the movant bears the burden of proof on a claim at
trial, then its burden of production is greater. It must lay out the
elements of its claim, citing the facts it believes satisfies those
elements, and demonstrating why the record is so one-sided as to
rule out the prospect of the nonmovant prevailing. If the movant fails
to make that initial showing, the court must deny the motion, even
if the opposing party has not introduced contradictory evidence in
response.

Id. at 335 (quoting 10A Charles Alan Wright, Arthur R. Miller, et al., Federal Practice and
Procedure § 2727.1 (4th ed. 2022)).
Plaintiff cannot meet that burden on the record currently before the Court. According to
Byrd’s affidavit, he applied force to Sam only after Sam refused multiple times to subject himself
to a search and only to obtain compliance for same. (Bryd Aff. ¶¶ 3–8, Doc. 37-2.) Moreover, a
reasonable juror could conclude that the force used by Byrd—bringing Sam to the ground to place
him in mechanical restraints—was reasonable under the circumstances and not done maliciously
and sadistically to inflict harm. (Id. ¶¶ 8–10.) As Byrd testified, “[a]t no point in [his] interaction
with . . . Sam on December 5, 2021, did [Byrd] punch him or otherwise strike him with [his] fist
or any other implement.” (Id. ¶ 15.)
A reasonable juror could also find that any injury to Byrd was de minimis. Again, Byrd
attests, “[a]t no point in [his] interaction with . . . Sam on December 5, 2021, did [Byrd] observe

any physical injury to him, and he did not voice any complaint of injury to [Byrd.].” (Id. ¶ 14.)
Likewise, Sam’s medical records from the day of the incident show that the provider reported no
bruising, swelling, or trauma. (Doc. 37-3 at 4.) Thus, under Byrd’s version of events, the Hudson
factors weigh in Defendants’ favor.
In sum, Plaintiff has not established that every reasonable jury would conclude that
Plaintiff is not entitled to qualified immunity. Plaintiff’s maintenance of this motion after Byrd’s
affidavit was submitted borders on frivolous. Consequently, Pl. MSJ will be denied on this issue.
2. Good Faith, Denial of Liability, and Comparative Fault
a. Parties’ Arguments
Plaintiff next argues he is entitled to summary judgment on the above defenses. (Doc. 31-

2 at 10.) “A denial of a fact is not an affirmative defense.” (Id.) Good faith, Plaintiff says, is also
not a legal ground for immunity. (Id.) Next, comparative fault is not a defense for constitutional
violations. (Id.) Alternatively, Plaintiff was not negligent, and Byrd cannot prove that he was. (Id.
at 11.)
Defendants respond first that Plaintiff provides no legal basis for his position that a general
denial is not a valid affirmative defense. (Doc. 37 at 5.) Further, “good faith” is a recognized
defense that is “merely another way of invoking qualified immunity specific to state constitutional
claims.” (Id.) Plaintiff did not disclaim any possible state constitutional claims until after the
Defendants filed their answer. (Id.) As to comparative fault, Byrd notes that Plaintiff made a claim
under Louisiana state law, so comparative fault is a viable defense. (Id. at 6.)
In reply, Plaintiff reiterates that a denial of a fact is not an affirmative defense. (Doc. 38 at
3–4.) Likewise, Plaintiff says that Defendant has not offered factual support for his comparative

fault defense.
b. Law and Analysis
Having carefully considered the matter, the Court will deny Sam’s motion. As to the denial
of liability, the Court finds persuasive Magistrate Judge Bourgeois’s opinion in Cayette v. PNK
(Baton Rouge) P'ship, No. CV 15-692-SDD-RLB, 2016 WL 3579028, at *3–4 (M.D. La. May 19,
2016), report and recommendation adopted, No. 15-692-SDD-RLB, 2016 WL 3582082 (M.D. La.
June 28, 2016). There, plaintiffs moved to strike certain affirmative defenses, including one that
the plaintiff’s claims were barred “to the extent that they impose upon [defendant] obligations for
which [defendant] is not legally responsible.” Id. at *3. Plaintiffs argued that
“intervening/superseding causes, events, or the acts of third persons do not provide a defense to

federal disability access claims.” Id. Defendant replied that it intended the defenses to have a
“broader reach than third-party liability” and that it could mean other bases for which defendant
was not liable under Title III of the ADA. Id. Plaintiff responded that the defense was “incredibly
broad and vague” and that defendant should be forced to clarify its meaning. Id. at *4.
The magistrate judge recommended that the motion be denied, explaining:
This asserted defense is not a true affirmative defense as those listed
in Rule 8(c), as it solely asserts that Plaintiff’s claims are legally
insufficient to the extent Defendant is not “legally responsible” for
the claims asserted. While mislabeled as an “affirmative defense,”
the inclusion of this broad denial of liability as an “affirmative
defense” is merely redundant of Defendant’s denials of liability and
does not prejudice Plaintiff. The “drastic remedy” of striking this
asserted defense is unwarranted. See Nickens v. State Employees
Credit Union, Inc., No. 13-1430, 2014 WL 3846060, at *3 (D. Md.
Aug. 4, 2014) (denying motion to strike asserted affirmative defense
that the “Defendants are not legally responsible for any injuries or
damages allegedly sustained by Plaintiff about which she
complaints” under the heightened pleading standard of Twombly and
Iqbal).

Id.
The same reasoning applies here. While Defendants technically erred in describing this as
an affirmative defense, Sam suffers no prejudice, and granting summary judgment on this issue
merely invites confusion for trial, where Defendants will be allowed to offer evidence contesting
liability. As a result, Sam’s motion on this issue is denied.
Plaintiff’s motion is also denied as to the affirmative defense of “good faith.” First, this
defense is simply redundant to the qualified immunity defense asserted by Plaintiff. In that respect,
the inclusion of this redundant defense is harmless, and granting summary judgment on it merely
invites confusion. Second, to the extent this defense was meant to address claims for violation of
the state constitution, the record is clear now that no such claims are asserted. Thus, the motion
can be denied as moot on that basis.
Finally, as to comparative fault, Plaintiff claims (1) this defense cannot apply to federal
constitutional claims, and (2) Defendants have no proof to support it. But Defendants do not argue
comparative fault for the federal constitutional claims, and, under Byrd’s version of the facts
(summarized above), Plaintiff was jointly at fault for causing his injuries by, inter alia, failing to
comply with orders. Thus, Plaintiff’s motion on this issue is denied as well. Again, Plaintiff’s
motion borders on frivolous, and is certainly a waste of judicial and party resources.
3. Discretionary Immunity
a. Parties’ Arguments
Plaintiff next argues that Byrd’s battery is not subject to the discretionary immunity of La.
R.S. § 9:2798.1 because (a) it is not based on policymaking or discretionary acts and (b) the

immunity does not apply to malicious acts. (Doc. 31-2 at 11.) Because the assault occurred at the
operational level, and not at the policymaking level, Byrd is not immune under this statute. (Id. at
11–12.)
In response, Defendants contend that discretionary immunity applies to operational acts
and ministerial or policymaking acts. (Doc. 37 at 7.) Rather, the statute “bars negligence claims
against governmental employees whenever the act complained of is one in which the governmental
employee had discretion to act and the action taken was within the employee’s lawful power.” (Id.
(citation omitted).) Correctional officers like Byrd have the lawful authority to use force, and they
have the discretion to determine the appropriate amount of force to apply. (Id.) Byrd’s affidavit
demonstrates that he exercised that discretion properly. (Id.)

Plaintiff responds that La. R.S. § 9:2798.1 is inapplicable as a matter of law. (Doc. 38 at
4–6.) Plaintiff quotes at length the statute and an Eastern District of Louisiana case on this issue.
(Id. (citations omitted).)
b. Law and Analysis
The Louisiana Supreme Court recently summarized the law governing La. R.S. § 9:2798.1
as follows:
The doctrine of discretionary immunity is set forth in La. R.S.
9:2798.1 B, which provides that “[l]iability shall not be imposed on
public entities or their officers or employees based upon the exercise
or performance or the failure to exercise or perform their
policymaking or discretionary acts when such acts are within the
course and scope of their lawful powers and duties.” We explained
the application of the discretionary act doctine in Cormier v. T.H.E.
Ins. Co., 98-2208, pp. 6-7 (La. 9/8/99), 745 So. 2d 1, 6-7:

[ ] the court must first consider whether the
government employee had an element of choice and
his course of action was not specifically prescribed
by the statute, regulation, or policy. Conduct cannot
be discretionary unless it involves an element of
judgment or choice. Thus, discretionary immunity
will not apply when a specific course of action is
prescribed as the employee has no rightful option but
to adhere to the directive. On the other hand, when
discretion is involved, the court must then determine
whether that discretion is the kind shielded by the
exception: one grounded in social, economic, or
political activity . . . If it is, then the doctrine applies
and the employee or agency is insulated from
liability; if it is not, the employee or agency is liable
for any negligence.

(Citations omitted)

Misita v. Maumoulides, 2022-00266 (La. 4/26/22), 336 So. 3d 886, 887 (per curiam).
Here, even construing the facts in evidence in a light most favorable to Bryd, the Court
finds that Sam is entitled to partial summary judgment on this issue. While Byrd’s decision in how
to respond to Sam was certainly discretionary, no reasonable juror could conclude that his
decisions were rooted in “social, economic, or political activity.”
The Court finds persuasive Disedare v. Brumfield, No. CV 22-2680, 2024 WL 1092833,
at *1 (E.D. La. Mar. 13, 2024), opinion vacated in part on reconsideration, No. CV 22-2680, 2024
WL 1514650 (E.D. La. Apr. 8, 2024). There, “Plaintiff alleges that over a four-day period in March
2021, the Defendant officers, suspecting Plaintiff had stored contraband in his rectum, repeatedly
ordered him to ingest laxatives, perform bowel movements in full restraints, submit to strip
searches, and undergo x-rays.” Id. “No contraband was found[,]” and plaintiff filed suit bringing
claims under § 1983 and Louisiana law for negligence. Id. Defendants argued they were entitled
to discretionary immunity for the state law claims, but the district court rejected this. Id. at 13–15.
Judge Morgan wrote:
The immunity statute does not protect operational governmental
decisions, but only confers immunity for discretionary decisions
based on social, economic, or political concerns. In other words,
when the government acts negligently for reasons unrelated to
public policy considerations, it is liable to those it injures. Thus, for
Defendants to prevail on summary judgment, they must demonstrate
their conduct was consistent with the course of action prescribed by
a policy or, absent a policy on point, was discretionary and grounded
in a social, economic, or political policy, by citing to materials in
the record for support.

In this case, Defendants failed to satisfy their burden because they
included no statements of undisputed material fact demonstrating
their conduct complied with any specific policy or procedure that
prescribes a course of action. Nor did they include statements of
undisputed material facts demonstrating they exercised reasonable
discretion with respect to a specific social, economic, or political
policy that involved choice or discretion. Instead, Defendants
merely made conclusory assertions that the Defendant officers
“followed DPSC policy and procedures when investigating
Plaintiff, which included the use of a visual body cavity search, body
scanner scans, and the placement on dry cell restrictions.”

Id. at *15 (cleaned up). Cf. Murray v. LeBlanc, 629 F. Supp. 3d 437, 466 (M.D. La. 2022)
(deGravelles, J.) (dismissing claims against secretary of DOC for “contracting and working with
Lasalle and similar institutions” because “any fair reading of the pleadings shows that his conduct
was grounded in ‘social, economic, or political policy.’”).
The same reasoning applies here. Bryd has not identified a policy that prescribed a course
of conduct, and, even construing the facts in a light most favorable to him, his conduct was not
rooted in policy. As a result, the Court will grant Sam partial summary judgment on the question
of Bryd’s entitlement to discretionary immunity under La. R.S. § 2798,1.
C. Defenses Regarding Damages
1. Failure to mitigate
Plaintiff next moves for summary judgment on Defendants’ failure to mitigate damages
defense. (Doc. 31-2 at 11.) Plaintiff claims there is no proof that he refused treatment. (Id.) Further,

Sam was incarcerated, so he had no choice but to use LSP for medical care. (Id.)
Defendants respond that, even if Plaintiff had limited resources available for treatment, he
still had an affirmative duty to reduce his damages. (Doc. 37 at 6.) Defendants cite Plaintiffs
medical records, specifically how (a) Plaintiff didn’t seek treatment until three days after the
incident, and only then after another confrontation with a chemical agent; (b) Plaintiff did not seek
follow up medical attention for days; and (c) “he failed to avoid subsequent confrontations within
a week of the incident.” (Id.)
Plaintiff replies, “Defendants offer only the medical records, which only show the dates
upon which medical treatment was afforded. There is no competent proof offered into the record
that Plaintiff was not requesting medical treatment or that he otherwise failed to mitigate.” (Doc.

38 at 4.)
Having carefully considered the matter, the Court will deny Plaintiff’s motion on this issue.
Again, according to the medical records in evidence, Plaintiff received treatment on the day of the
incident, but he was not seen again until December 8, 2021, (3 days later), during which time he
got “beat up” and “hit in the eye,” and he had “bruising” and “swelling.” (Doc. 37-3 at 3.) Plaintiff
was then seen again on December 11, 2021, at which time he showed 0 visible signs of trauma and
“refused to be assessed” and “voice[d] no medical complaints at this time.” (Id. at 2.) Considering
these facts, a reasonable jury could easily conclude that Plaintiff failed to mitigate his damages.
Plaintiff is not entitled to partial summary judgment on this issue.
2. Statutory Cap under La. R.S. § 13:5106 and La. R.S. § 13:5112.
a. Parties’ Arguments
Plaintiff next argues that he is entitled to summary judgment on Defendants’ eighth
affirmative defense, which invokes the statutory limitation of damages contained in La. R.S.

§ 13:5106 and § 13:5112. (Doc. 31-2 at 13.) Plaintiff argues that these statutes conflict with § 1983
and thus with the Supremacy Clause of the Constitution. (Id.) As a result, these state statutes cannot
limit Plaintiff’s federal claims. (Id. at 13–14.)
Defendants reply that there is no violation of the Supremacy Clause. (Doc. 37 at 8.)
Plaintiff’s only claim against the State is vicarious liability for state law claims, so the statutory
cap conflicts with no federal law. (Id. at 8–9.)
Plaintiff responds, “Defendants have offered no jurisprudence that allows a state court cap
to apply in federal court. As a matter of the law the cap does not apply in federal court.” (Doc. 38
at 6.)
b. Law and Analysis

Having carefully considered the matter, the Court will deny Plaintiff’s motion on this issue.
Louisiana Revised Statutes § 9:5106 provides:
B. (1) The total liability of the state and political subdivisions for all
damages for personal injury to any one person, including all claims
and derivative claims, exclusive of property damages, medical care
and related benefits and loss of earnings, and loss of future earnings,
as provided in this Section, shall not exceed five hundred thousand
dollars, regardless of the number of suits filed or claims made for
the personal injury to that person.

La. R.S. § 13:5106(B)(1). Thus, Section “5106(B)(1) caps the liability for . . . the State at
$500,000.00.” Sahota v. Cobb, No. CIV.A. 14-2722, 2015 WL 6835480, at *3 (W.D. La. Nov. 6,
2015), judgment entered, No. CIV.A. 14-2722, 2015 WL 6830755 (W.D. La. Nov. 6, 2015).
“Section 13:5112 sets the time for accrual and rate of legal interest on any personal injury claim
against a political subdivision of the State” or the State. Id.
The Supremacy Clause of the United States Constitution provides:

This Constitution, and the Laws of the United States which shall be
made in Pursuance thereof; and all Treaties made, or which shall be
made, under the Authority of the United States, shall be the Supreme
Law of the Land; and the Judges in every State shall be bound
thereby, any thing in the Constitution or Laws of any State to the
Contrary notwithstanding.

Id. (quoting U.S. Const. art. VI, cl. 2). As the Western District has explained:

It has long been established that “a state statute is void to the extent
that it actually conflicts with a valid federal statute”; said conflict is
found where compliance with both federal and state law is
impossible or if the state law stands as an obstacle to the
accomplishment and execution of the full purposes and objectives
of Congress.

Id. at *4 (quoting Edgar v. Mite Corp., 457 U.S. 624, 631 (1982). Thus, Plaintiff is correct that
applying these statutes to his § 1983 claim would run afoul of the Supremacy Clause. See id.
(granting plaintiff’s motion for partial summary judgment on defenses under La. R.S. §§ 13:5106
and 13:5112).
However, Defendants make clear that this defense applies only to Plaintiff’s state law
claims, and the Court is satisfied with that. See Asante-Chioke v. Dowdle, No. CV 22-4587, 2024
WL 2863379, at *5 (E.D. La. June 6, 2024) (Barbier, J.) (denying motion to strike this defense
because, “Although Defendants’ answers do not specify that these defenses apply to Plaintiff's
state law claims, the notice pleading requirement for affirmative defenses does not require such
specificity.”).
Plaintiff argues that Defendants have failed to show how this law applies in federal court,
but the Court disagrees. Rather, the Court finds that Plaintiff has failed to meet her initial summary
judgment burden of showing how a state law can run afoul of the Supremacy Clause when it in no
way conflicts with any federal law (like § 1983). Without more, Plaintiff has waived the argument,
and on this additional ground, the motion will be dismissed. See JMCB, LLC v. Bd. of Com. &
Indus., 336 F. Supp. 3d 620, 634 (M.D. La. 2018) (deGravelles, J.); Payton v. Town of Maringouin,

No. CV 18-563-JWD-EWD, 2021 WL 2544416, at *26 (M.D. La. June 21, 2021) (deGravelles,
J.), aff'd, No. 21-30440, 2022 WL 3097846 (5th Cir. Aug. 3, 2022) (collecting authorities).4
For all these reasons, Plaintiff’s motion for partial summary judgment on this affirmative
defense will be denied. The defense remains viable for Plaintiff’s state law claims against the State.
IV. CONCLUSION
Accordingly,
IT IS ORDERED that the Motion for Partial Summary Judgment (Doc. 31) (“Pl. MSJ”)
filed by Plaintiff Kevin Sam is GRANTED IN PART and DENIED IN PART. The motion is
GRANTED in that, as a matter of law, the Court finds that Bryd is not entitled to discretionary
immunity under La. R.S. § 9:2798.1. In all other respects, the motion is DENIED.

Signed in Baton Rouge, Louisiana, on November 10, 2025.

S

JUDGE JOHN W. deGRAVELLES
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

4 The Corut notes that, in Sahota, the Court does not specify whether this defense is precluded only for the § 1983
claims or whether it is precluded for state law claims as well. See 2015 WL 6835480, at *4. The authority cited by
Sahota refer to § 1983 and Title VII. Id. Thus, the Court narrowly construes this ruling. To the extent the Court
misreads Sahota, the Court opts instead to adopt Judge Barbier’s reasoning in Asante-Chioke.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11201008. Public record. Not legal advice.