May v. Strain
May v. Strain
Opinion of the Court
ORDER AND REASONS
• Before the Court is Rodney “Jack” Strain, Jr. (“Strain”) and Lindsey “Scott” Crain’s (“Crain”) (collectively, “Officer Defendants”) “Motion for Summary Judgment Pursuant to Rule 56(b) of the Federal Rules of Civil Procedure.”
J. Background
A. Factual Background
In 2009, the Louisiana legislature enacted the Ephedrine, Pseudoephedrine, and Phenylpropanolamine Monitoring Act (“LEPPMA”).
On January 31, 2012, Defendant Crain was participating in surveillance of several pharmacies in Slidell, Louisiana.
B. Procedural Background
Plaintiffs filed the complaint in this case on January 30, 2013, wherein they allege claims under 42 U.S.C. § 1983 for violations of the Fourth and Fourteenth Amendments, as well as a Louisiana state law claim for privacy rights violations.
On June 20, 2014, Defendant Walgreens Louisiana Co. (“Walgreens”) filed a “Motion to Join Motion of Rodney J. ‘Jack’ Strain, Jr., in His Capacity as Sheriff of St. Tammany Parish, and Detective Lindsey ‘Scott’ Crain for Summary Judgment.”
On July 22, 2014, K & B Louisiana Corp. (“K & B”), Appriss, Inc. (“Appriss”), and the National Association of Drug Diversion Investigators, Inc. (“NADDI”) (collectively with Walgreens, “Corporate Defendants”) filed a “Motion to Join Motion for Summary Judgment by Rodney J. ‘Jack’ Strain, Jr. and Detective Lindsey ‘Scott’ Crain.”
On July 29, 2014, Plaintiffs filed a memorandum in opposition to Defendants’ Motion for Summary Judgment.
II. Parties’ Arguments
A. Defendants’ Arguments in Support
Defendants argue that there is no constitutionally-protected right to privacy regarding the purchase of over-the counter (“OTC”) medications.
Defendants contend that the provisions of LEPPMA, and the resulting use of the NPLEx System, do not constitute a per se violation of an individual’s Fourth Amendment rights.
Defendants raise the qualified immunity defense. According to Defendants, “in the face of the assertion by a defendant public official of the defense of qualified immunity, a § 1983 plaintiff must comply with a heightened pleading standard.”
Defendants argue that part of Plaintiffs’ burden in rebuttal is to show that Crain knew, or that all officers in his position should have known, that his conduct was violative of Plaintiffs’ constitutional right to be free from the purportedly unlawful search and seizure.
Defendants distinguish this case from State v. Skinner, wherein, according to Defendants, the Louisiana Supreme Court determined that the necessity for a search warrant was strictly limited to prescription records, not records of OTC medication.
Defendants next argue that “the simple fact that some situations may constitute a technical violation of [the Health Insurance Portability and Accountability Act] does nothing to establish the existence of a constitutional right of privacy.”
In the alternative, Defendants contend that Plaintiffs’ § 1983 claims are barred by application of the Heck v. Humphrey doctrine, which, they contend, holds that a § 1983 action cannot be utilized to obtain damages for alleged civil rights violations if doing so would impugn the validity of the plaintiffs underlying criminal conviction arising from the same factual context.
Finally, Defendants argue that Plaintiffs’ state law claim, which Defendants characterize as a claim of false imprisonment or false arrest, should be dismissed because the arrest was “fully reasonable in nature and occurred in the context of a lawful investigation and detention.”
B. Plaintiffs’ Arguments in Opposition
Plaintiffs first argue that Defendants are not entitled to qualified immunity because Plaintiffs can establish that (1) Defendants committed a constitutional violation under current law, and (2) Defendants’ actions were objectively unreasonable in light of the law that was clearly established at the time of the incident in question.
Plaintiffs submit that their right to privacy under the Louisiana Constitution was violated when information regarding their OTC drug purchases was transmitted from the pharmacies and accessed by the Defendants.
Skinner’s, clear language puts all officers on notice of their constitutional obligations in obtaining medical information during an investigation and provides them guidance: Obtain a warrant. In so holding, the Louisiana Supreme Court also clearly points out that this right to privacy is broader than the protections provided by the Fourth Amendment to the United States Constitution48
The threshold question to be resolved by the Court, according to Plaintiffs, is whether pharmacy records pertaining to the purchase of pseudoephedrine-contain-ing products fall within the ambit of “medical information” for Skinner purposes.
Turning to the second prong of the qualified immunity test — objective reasonableness — Plaintiffs contend first that NPLEx is neither recognized nor permitted by Louisiana law.
Finally, Plaintiffs argue that Heck v. Humphrey is not a bar because the Supreme Court “made clear that[ ] should a district court determine that a plaintiffs action, if successful, will not demonstrate the invalidity of any outstanding criminal judgment against the plaintiff, the action should be allowed to proceed, in the absence of some other bar to the suit.”
[A] suit for damages attributable to an allegedly unreasonable search may lie even if the challenged search produced evidence that was introduced in a state criminal trial resulting in the § 1983 plaintiffs still-outstanding conviction. Because of doctrines like independent source and inevitable discovery, ... and especially harmless error, ... such a § 1983 action, even if successful, would not necessarily imply that the plaintiffs conviction was unlawful.”63
Plaintiffs also cite Mackey v. Dickson, where the Fifth Circuit purportedly held that “[i]t is well established that a claim of unlawful arrest, standing alone, does not necessarily implicate the validity of a erim-
C. Defendants’ Reply in Further Support
Defendants reaver that Plaintiffs fail to set out an adequate claim of a constitutionally-protected right.
If the phrase “medical ... records” as used in Skinner is so broad and inclusive as to encompass OTC medication such is at issue in this case, then what purpose was served by inserting into the middle of that phrase the words “and/or prescription”? Based on the plaintiffs’ analysis, the inclusion of those words in the Skinner holding was redundant and totally unnecessary. Why? Because if the phrase “medical ... records” alone was already broad enough to include OTC medication, then it certainly would have included prescription medications as well. Clearly, what the Skinner court was doing was carefully crafting a limited right of privacy as regards to records created by physicians, hospitals, and other legitimate healthcare professionals, and to specifically include within the scope of that right prescription records.66
Next, Defendants argue that Plaintiffs’ reliance on HIPAA is without merit. Defendants argue that Plaintiffs rely “on an illogical and unnecessary analytical co-mingling of Skinner's ‘medical and/or prescription records’ rule with HIPAA’s definition of ‘medical information.’ ”
According to Defendants, the HIPAA scheme includes an exception for when the disclosure in question was made “as required by law” or “for law enforcement purposes.”
With respect to the implementation of LEPPMA, Defendants argue that Plaintiffs fail to factually support their contentions that: (1) the Office of State Police has not complied with LSAR.S. 40:1049(D); (2) personal pharmacy information is “shipped” out of state; and (3) Defendants were aware of these alleged defects in the implementation of LEPPMA.
Finally, Defendants reaver that Heck bars Plaintiffs’ claims. Defendants distinguish the present case from Mackey, arguing that it was unclear from the record before the Fifth Circuit whether the plaintiff there had even been tried on, much less convicted of, the charges underlying his arrest.
III. Standard on a Motion for Summary Judgment
Summary judgment is appropriate when the pleadings, the discovery, and any affidavits show that “there is no genuine dispute as to any material fact and the mov-ant is entitled to judgment as a matter of law.”
The party seeking summary judgment always bears the initial responsibility of informing the Court of the basis for its motion and identifying those portions of the record that it believes demonstrate the absence of a genuine issue of material fact.
IV. Law and Analysis
In their Motion for Summary Judgment, Defendants argue that (1) qualified immunity shields them from liability; (2) the Heck v. Humphrey doctrine shields them from liability; and (3) Plaintiffs’ state law claims are without merit. Because Corporate Defendants have joined Officer Defendants’ Motion for Summary Judgment, the Court will consider each argument as applied to each defendant.
Before addressing the specifics of the underlying claims, the Court first notes that Plaintiffs are suing Officer Defendants in their official and unofficial capacities for monetary, declaratory and injunc-tive relief. However, to the extent that Plaintiffs are seeking monetary damages against Officer Defendants in their official capacities, those claims must be dismissed. Officer Defendants are state employees of the St. Tammany Parish Sheriffs Office.
A. Qualifíed Immunity
“The doctrine of qualified immunity protects government officials from liability from civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”
The Fifth Circuit states the two prongs of the qualified immunity analysis differently:
First, we determine whether the plaintiff has alleged a violation of a clearly established constitutional or statutory right. A right is clearly established only if its contours are sufficiently clear that a reasonable official would understand that what he is doing violates that right. The applicable law that binds the conduct of officeholders must be clearly established at the time the allegedly actionable conduct occurs. If the first step is met (i.e. the official’s conduct violates an established right), the second step is to determine whether the defendant’s conduct was objectively reasonable.95
Both steps in the qualified immunity analysis are questions of law.
Under the Fifth Circuit standard, the doctrine of qualified immunity protects government officials from civil damages liability when they reasonably could have believed that their conduct was not barred by law, and immunity is not denied unless existing precedent places the constitutional question beyond debate.
A qualified immunity defense alters the usual summary judgment burden of proof.
1. Officer Defendants
a. Whether Plaintiffs have alleged a violation of a clearly established constitutional right
When deciding whether the right allegedly violated was “clearly established,” the Court asks whether the law so clearly 'and unambiguously prohibited the conduct that every reasonable official would understand that what he is doing violates the law.
Defendants argue that there is no constitutionally-protected right to privacy regarding the purchase of OTC medications, which, they contend, are typically less harmful and less likely to involve serious medical conditions than prescription medications.
The United States Supreme Court has recognized that individuals have a legitimate expectation of privacy in their prescription records.
In State v. Skinner, the Louisiana Supreme Court found that the defendant had a reasonable expectation of privacy in her “medical and prescription records” such that a warrant was required for a search and seizure of those records for criminal
Plaintiffs argue that Skinner established that the privacy of all medical information, including but not limited to prescription information, is constitutionally protected.
Plaintiffs provide no authority aside from Skinner for the proposition that a right to privacy with respect to OTC records is a “clearly established statutory or constitutional right of which a reasonable person would have known.”
The Court therefore finds that at the time of the events in question, no constitutional right to privacy with respect to OTC records could be described as clearly established. Accordingly, the Court finds that Plaintiffs have not alleged a clearly established constitutional right that Defendants have violated, and Plaintiffs have failed to meet their burden of proof with respect to the first prong of the qualified immunity test.
b. Whether Officer Defendants’ conduct was “objectively reasonable”
Since Plaintiffs have failed to meet their burden of negating the first prong of qualified immunity, the Court need not determine whether Officer Defendants’ conduct was “objectively reasonable.”
2. Corporate Defendants
In their Complaint, Plaintiffs allege that Corporate Defendants were acting in concert with law enforcement and were, therefore, state actors within the meaning of 42 U.S.C. § 1983.
A private citizen may be held liable under § 1983 where the plaintiff alleges that the citizen conspired with or acted in concert with state actors.
Plaintiffs have failed to explain why they believe Corporate Defendants to be considered state actors, such that they may be held liable for a violation of § 1983. Corporate Defendants have also failed to brief this issue, and rely instead on conelusory statements that they may be entitled to qualified immunity. However, the law is not established in this Circuit as to whether private entities are entitled to the protections of qualified immunity.
It appears that Corporate Defendants joined Officer Defendants’ Motion for Summary Judgment with the expectation that the Court could determine whether they, as private parties, qualify as state actors and/or are shielded by qualified immunity. However, without proper briefing from Corporate Defendants, the Court is unable to do so. Accordingly, summary judgment with respect to Plaintiffs’ § 1983 claims against Corporate Defendants is denied.
B. Application of Heck v. Humphrey Doctrine
Heck v. Humphrey prohibits a plaintiff from using a § 1983 suit to challenge the validity of his conviction or sentence, unless the plaintiff demonstrates that the conviction or sentence has in some way been reversed or invalidated.
C. State Law Claims
Defendants contend that Plaintiffs’ state law claims should be dismissed because the arrest was “reasonable in nature and occurred in the context of a lawful investigation and detention. Thus, since the arrest in question was fully lawful, the derivative state-law causes of action are without merit.”
1. Officer defendants
Art. I, § 5 of Louisiana’s Constitution protects against unreasonable searches and seizures and, is, therefore, analogous to the federal Fourth Amendment.
2. Corporate Defendants
For the reasons stated earlier, the Court is unable to determine whether Plaintiffs’ state law claims against Corporate Defendants survives summary judgment. Corporate Defendants have not addressed whether they are state actors, or whether they are entitled to qualified immunity. Because the Court cannot make a determination on the briefings before it, summary judgment will be denied as to Plaintiffs’ state law claims against Corporate Defendants.
V. Conclusion
Accordingly,
IT IS HEREBY ORDERED that the “Motion for Summary Judgment Pursuant to Rule 56(b) of the Federal Rules of Civil Procedure” is GRANTED as to Plaintiffs’ federal and state law claims against Officer Defendants and DENIED as to all claims against Corporate Defendants.
. Rec. Doc. 87.
. Rec. Doc. 100; Rec. Doc. 106.
. Rec. Doc. 87-1 atp. 2.
.Id.
.Id.; Rec. Doc. 102-1 atp. 7.
. Id. at p. 2.
. Id. at p. 3.
. Rec. Doc. 1 at p. 4.
. Rec. Doc. 87-1 at p. 3.
. Id.
. Id.
. Id.
. Rec. Doc. 1 at p. 5; Rec. Doc. 87-1 at p. 3.
. Rec. Doc. 1.
. Rec. Doc. 87.
. Rec. Doc. 90.
. Rec. Doc. 100.
. Rec. Doc. 101.
. Rec. Doc. 106.
. Rec. Doc. 102.
. Rec. Doc. 105.
. Rec. Doc. 87-2 atp. 12.
. Rec. Doc. 87 at p. 17 (citing Harris v. Victoria Indep. Sch. Dist., 168 F.3d 216, 223 (5th Cir.), cert. denied, 528 U.S. 1022, 120 S.Ct. 533, 145 L.Ed.2d 413 (1999)).
. Id. atp. 11.
. Id. at p. 12.
. Id.
. Id.
. Id. (citing Felber v. Foote, 321 F.Supp. 85 (D.Conn. 1970); Ms. B v. Montgomery County Emergency Service, Inc., 799 F.Supp. 534 (E.D.Penn. 1992), affirmed 989 F.2d 488 (3rd Cir. 1993), cert. denied 510 U.S. 860, 114 S.Ct. 174, 126 L.Ed.2d 133 (1993); F.E.R. v. Valdez, 58 F.3d 1530 (10th Cir. 1995); Hubbs v. Alamao, 360 F.Supp.2d 1073 (C.D.Cal. 2005)).
. Id. atpp. 13, 11.
. Id. atp. 14.
. Id. (citing Burge v. Stalder, 54 Fed.Appx. 793, - (5th Cir. 2002)); 2002 WL 31845179, *3, citing Baker v. Putnal, 75 F.3d 190, 195 (5th Cir. 1996). See also Harold v. City of New Orleans, 2008 WL 5216223, *2 (E.D.La. 2008) (Duval, J.).
. Id. at p. 14 (citing Wilson v. Layne, 526 U.S. 603, 609, 119 S.Ct. 1692, 143 L.Ed.2d 818 (1999); Palmer v. Johnson, 193 F.3d 346, 351 (5th Cir. 1999); Atteberry v. Nocona General Hospital, 430 F.3d 245, 253 (5th Cir. 2005)).
. id. atp. 15.
. Id. at p. 13.
. Id. at p. 16 (citing State v. Skinner, 10 So.3d 1212 (La. 2009)).
. Id. (citing Douglas v. Dobbs, 419 F.3d 1097, 1102 (10th Cir. 2005), cert. denied 546 U.S. 1138, 126 S.Ct. 1147, 163 L.Ed.2d 1001 (2006)).
. Id.
. Id. atp. 17.
. Id. (citing 45 C.F.R. § 164.512(f)(2)).
. Id. at p. 18 (citing Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994)).
. Id.
. Id. at 19 (citing LSA-R.S. 40:983; R.S. 40:983A(1)).
. Id. at p. 20.
. Id. atp. 22.
. Rec. Doc. 102 at p. 5.
. Id. (citing Article 1 § 5 of Louisiana Constitution of 1974).
. Id. (citing State v. Skinner, 10 So.3d 1212 (La. 2009)).
. Id.
. Id. at p. 6.
. Id. at pp. 6-7.
. Id. atp. 7.
. Id.
. Id.
. Id.
. Id. at p. 8.
. Id.
. Id. at p. 9 (citing La. R.S. 40:1049.4).
. Id. atp. 10.
. Id. at p. 10.
. Id. at p. 11 (citing LSA R.S. 1049.6(B)).
. Id. at p. 12 (emphasis in original).
. Id. at p. 14 (citing 512 U.S. at 486-87, 114 S.Ct. 2364) (internal quotation marks omitted).
. Id. (citing 512 U.S. at 487, n. 7, 114 S.Ct. 2364) (internal quotation marks omitted).
. Id. (citing Mackey v. Dickson, 47 F.3d 744, 746 (5th Cir. 1995)).
. Rec. Doc. 105 at p. 2.
. Id.
. Id. at p. 3.
. Id.
. Id. (citing 45 C.F.R. § 164.512(a); 45 C.F.R. § 164.512(f)).
. Id.
. Id.
.Id. at p. 4.
. Id.
. Id. at p. 5.
. Id. at p. 6.
. Id.
. Fed.R.Civ.P. 56(a); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir. 1994).
. Delta & Pine Land Co. v. Nationwide Agribusiness Ins. Co., 530 F.3d 395, 398-99 (5th Cir. 2008).
. Galindo v. Precision Am. Corp., 754 F.2d 1212, 1216 (5th Cir. 1985); Little, 37 F.3d at 1075.
. Matsushita Elec. Indus. Co. v. Zenith Radio, 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986).
. See, e.g., Celotex, 477 U.S. at 325, 106 S.Ct. 2548; Ragas v. Tenn. Gas Pipeline Co., 136 F.3d 455, 458 (5th Cir. 1998).
. Celotex, 477 U.S. at 323, 106 S.Ct. 2548.
. Forsyth v. Barr, 19 F.3d 1527, 1537 (5th Cir. 1994), cert. denied, 513 U.S. 871, 115 S.Ct. 195, 130 L.Ed.2d 127 (1994).
. Bellard v. Gautreaux, 675 F.3d 454, 460 (5th Cir. 2012), citing Anderson, 477 U.S. at 248-49, 106 S.Ct. 2505.
. Little, 37 F.3d at 1075.
. Rec. Doc. 1 at pp. 1-2.
. Will v. Michigan Department of State Police, 491 U.S. 58, 71, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989); Stotter v. University of Texas, 508 F.3d 812, 821 (5th Cir. 2007); American Civil Liberties Union v. Blanco, 523 F.Supp.2d 476, 479 (E.D.La. 2007); Tyson v. Reed, No. 09-7619, 2010 WL 360362, at *4 (E.D.La. Jan. 21, 2010).
. Williams v. Thomas, 169 Fed.Appx. 285, 286 (5th Cir. 2006); Tyson, 2010 WL 360362, at *4.
. See American Civil Liberties Union, 523 F.Supp.2d at 479.
. Pearson v. Callahan, 555 U.S. 223, 231, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009) (quoting Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982)).
. Saucier v. Katz, 533 U.S. 194, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001).
. Id. at 201, 121 S.Ct. 2151.
. Id. at 202, 121 S.Ct. 2151.
. See Pearson 555 U.S. at 236, 129 S.Ct. 808 ("On reconsidering the procedure required in Saucier, we conclude that, while the sequence set forth there is often appropriate, it should no longer be regarded as mandatory.”).
. Wyatt v. Fletcher, 718 F.3d 496, 502-03 (5th Cir. 2013) (internal citations and quotation marks omitted).
. Id.
. Id. at 503 (citing Morgan v. Swanson, 659 F.3d 359, 370-71 (5th Cir. 2011) (en banc)).
. Id. (citing Pearson v. Callahan, 555 U.S. 223, 231, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009)).
. Id. (citing Anderson v. Creighton, 483 U.S. 635, 638, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987)).
. Id. (citing Ashcroft v. al-Kidd, — U.S. -, 131 S.Ct. 2074, 2085, 179 L.Ed.2d 1149 (2011)).
. Brown v. Callahan, 623 F.3d 249, 253 (5th Cir. 2010) (citing Michalik v. Hermann, 422 F.3d 252, 262 (5th Cir. 2005)).
. Id.
. Brown v. Callahan, 623 F.3d 249 (5th Cir. 2010).
. Id.
. San Jacinto Savings & Loan v. Kacal, 928 F.2d 697, 704 (5th Cir. 1991).
. Wyatt v. Fletcher, 718 F.3d at 503 (citation omitted).
. Id. (internal quotation marks and citation omitted).
. Id.
. Rec. Doc. 87-2 atp. 12.
. Rec. Doc. 102 atp. 6.
. Whalen v. Roe, 429 U.S. 589, 97 S.Ct. 869, 51 L.Ed.2d 64 (1977).
. See State v. Skinner, 10 So.3d 1212, 1218 (La. 2009) (listing federal Circuit Court of Appeals decisions concluding that the constitutional right to privacy extends to medical and/or prescription records).
. See, e.g., Pitcock v. Com., 295 S.W.3d 130, 135 (Ky.Ct.App. 2009) (“[T]he purchase of over-the-counter pharmaceuticals is not health information intended to remain protected. Over-the-counter medications are dispensed in clearly-marked boxes indicating their contents to the public. Prescription medications, on the other hand, are dispensed in closed bags hiding their contents.”).
. State v. Skinner, 10 So.3d at 1218 (“Considering the federal jurisprudence and Louisiana’s constitutional requirement of a heightened privacy interest for its citizens, we find that the right to privacy in one’s medical and prescription records is an expectation of privacy that society is prepared to recognize as reasonable.”).
. Id. at 1217 (citations omitted).
. Rec. Doc. 102 atp. 6.
. See id.
. Id. atpp. 6-7.
. Rec. Doc. 105 atp. 2.
. Rec. Doc. 105 at p. 3 (citing 45 C.F.R. § 164.512(a), (f)).
. See, e.g., Ramirez v. Martinez, 716 F.3d 369, 375 (5th Cir. 2013).
. See, e.g., Carter v. Com., 358 S.W.3d 4, 8 (Ky.Ct.App. 2011) (“We are constrained to hold that Carter had no expectation that her KASPER prescription records were private or
. Rec. Doc. 102 atp. 7.
. Brown v. Callahan, 623 F.3d 249 (5th Cir. 2010).
. Rec. Doc. 1 at p. 6.
. Rec. Doc. 101-1 at p. 4; Rec. Doc. 92 at p. 3.
. Glotfelty v. Karas, 512 Fed.Appx. 409, 414 (5th Cir. 2013).
. Filarsky v. Delia, - U.S. -, 132 S.Ct. 1657, 1661, 182 L.Ed.2d 662 (2012) (quoting 42 U.S.C. § 1983).
. West v. Atkins, 487 U.S. 42, 49, 108 S.Ct. 2250, 101 L.Ed.2d 40 (1988) (quoting United States v. Classic, 313 U.S. 299, 326, 61 S.Ct. 1031, 85 L.Ed. 1368 (1941)).
. Bass v. Parkwood Hosp., 180 F.3d 234, 241 (5th Cir. 1999) (citation omitted).
. Priester v. Lowndes Cnty., 354 F.3d 414, 423 (5th Cir.), cert. denied 543 U.S. 829, 125 S.Ct. 153, 160 L.Ed.2d 44 (2004).
. Id. at 420 (internal quotation marks omitted) (quoting Cinel v. Connick, 15 F.3d 1338, 1343 (5th Cir. 1994)).
. Priester v. Lowndes Cnty., 354 F.3d 414, 423 (5th Cir. 2004).
. Walter v. Horseshoe Entm’t, 483 Fed.Appx. 884, 886 (5th Cir. 2012).
. Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994).
. Id.
. Rec. Doc. 87-2 atp. 22.
. Rec. Doc. 105 atp. 7.
. Rec. Doc. 102 atp. 5.
. Carter v. St. John Baptist Parish Sheriff's Office, 2012 WL 1752682, *7 (E.D.La. 2012) citing Moresi v. Dept. of Wildlife and Fisheries. 567 So.2d 1081 (La. 1990) ("Louisiana applies qualified immunity principles to state constitutional law claims based on '[t]he same factors that compelled the United States Supreme Court to recognize a qualified good faith immunity for state officers under § 1983."’).
. Roberts v. City of Shreveport, 397 F.3d 287, 296 (5th Cir. 2005).
Reference
- Full Case Name
- Corina MAY v. Rodney Jack STRAIN, Jr.
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