East baton rouge parish public records

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Upload a Profile Picture or Avatar. Social Media Enter any social media profiles you want to add. Please Login. Remember me. Greninger , F.

Ashcroft v. Iqbal , U. Twombly , U. Taha v. William Marsh Rice Univ. May 3, quoting Southland Sec. Inspire Ins. Solutions, Inc. Iqbal , S. Randall D. Wolcott, M. Sebelius , F. Portfolio Equities, Inc. As to the second element, a "plaintiff must identify defendants who were either personally involved in the constitutional violation or whose acts are causally connected to the constitutional violation alleged.

Blessing v. Freestone , U. Jones v. Tammany Parish Jail , 4 F. See also, Elphage v. Griffith v. Johnston , F. Woods v. Edwards , 51 F. However, to be liable in one's official capacity under Section , the defendant must have been delegated policy-making authority under state law. Turner v. Houma Mun. Defendants argue that because Plaintiffs' legal counsel requested the public records at issue, the Plaintiffs have no federal or state right of action pertaining to the public records request.

Louisiana courts have explained that under the LPRA, "[o]nly the person who requests to inspect or copy a public record and is denied that right belongs to the class of persons to whom the law grants the cause of action. Plaintiffs specifically allege that "[o]n March 24, , [they] requested from [the] East Baton Rouge Parish Sheriff's Office all records relating to the death of their son. Therefore, the Court shall consider Defendants' alternative arguments in support of dismissal. Vourvoulias v.

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Movassaghi , La. It is well-established that "[a]n official capacity suit is the equivalent of a suit against the entity of which the officer is an agent. Under Louisiana law a parish sheriff, whether in his individual or official capacity, is the proper party defendant. It is also well settled under Louisiana law that a sheriff's department or office. It is well-settled under Louisiana law that a Sheriff's Office is not a legal entity capable of being sued.

Hills v. Graham , U.

Defendant Sheriff Gautreaux contends that Plaintiffs have not properly stated a claim against him in his official capacity. For the following reasons, the Court finds that Defendant Gautreaux is correct. In determining whether a public official such as Sheriff Gautreaux is liable in his official capacity, "the Court looks to the jurisprudence discussing whether a municipality or local government entity is liable under section Quatroy v. May 14, citing Burge v. Parish of St. Tammany , F. Monell v. Piotrowski v. City of Houston , F.

Court of Appeal of Louisiana,First Circuit.

However, the second element necessary for municipal liability—an official policy—presents an insurmountable hurdle for Plaintiffs. Elphage v. Martin Parish Sheriff , F.

Rather, the Court finds that Plaintiffs' allegations are conclusory in nature and amount to no more than an isolated incident, which is insufficient to trigger liability on Sheriff Gautreaux's part. Specifically, Plaintiffs' contention that they were charged more for their copies of public records on April 23, , solely because of their race, without any other factual support, is an unsubstantiated conclusion and non-indicative of any policy depriving Plaintiffs of any constitutional rights. Therefore, based on the applicable jurisprudence, the Court will dismiss the Section claims against Sheriff Gautreaux in his official capacity for failure to state a claim.

Yates v. Unidentified Parties , 73 Fed. July 28, unpublished quoting McConney v. Fraire v. City of Arlington , F. Avita , F. City of San Antonio , F. Plaintiffs have also asserted a claim against Defendant Sheriff Gautreaux in his individual capacity for applying the LPRA in a disparate manner because of Plaintiffs' race in violation of the Fourteenth Amendment, and for wrongful interference with Plaintiffs' First and Fourteenth Amendment rights of access to the courts and equal protection of the laws to bring tort claims on behalf of their grandson.

The Court finds that Plaintiffs have failed to state a claim against him in his individual capacity. Sheriff Gautreaux, a supervisory official, may only be held liable under Section if " 1 he affirmatively participates in the acts that cause the constitutional deprivation, or 2 he implements unconstitutional policies that causally result in the constitutional injury. Gates v. Texas Dept. Putnal , 75 F. Porter v. Epps , F. Board of County Comm'rs of Bryan County v.

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Brown , U. Sanders-Burns v. City of Plano , F. Travis County , F. Here, Plaintiffs' Complaint is devoid of any factual allegations of Sheriff Gautreaux's personal involvement in any of the alleged First and Fourteenth Amendment constitutional violations. Plaintiffs have also failed to offer any factual allegations that identify the unconstitutional polices that caused their alleged injuries.

Instead, Plaintiffs offer the conclusory allegation that "Sheriff Gautreaux ratified defendants' unlawful policies and conduct, by doing nothing despite knowing of the unlawful policies and conduct. To the extent Plaintiffs have attempted to establish Gautreaux's liability for constitutional violations committed by his subordinate employee, Defendant Commander Quiett, Plaintiffs have failed to assert any factual allegations showing that Gautreaux acted with deliberate indifference to the Plaintiffs' constitutional rights.

Instead, Plaintiffs offer only conclusory allegations that Gautreaux had "knowledge of the wrong to be done by Captain Quiett" and had the "power to prevent or aid in preventing commission of the same and neglect[ed] to do so.