Luttrull v. Vannoy

District Court, M.D. Louisiana

Luttrull v. Vannoy

Trial Court Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

JOHN LUTTRULL CIVIL ACTION VERSUS DARRYL VANNOY, ET ALE. NO. 20-00311-BAJ-EWD

RULING AND ORDER Before the Court is Plaintiff's Complaint. (Doc. 1). The Magistrate Judge has issued a Report and Recommendation (Doc. 6), recommending that the claims for monetary damages against Darryl Vannoy and James LeBlanc (“Defendants”) in their official capacities be dismissed with prejudice as legally frivolous and for failure to state a claim pursuant to

28 U.S.C. §§ 1915

(e) and 1915A, to the extent that Plaintiff asserted such claims. The recommendation is opposed. (Doc. 7). Plaintiff argues that he has “met his burden of proof under the burden shifting framework of the [Religious Land Use and Institutionalized Persons Act].” (Doc. 7, p. 5). Plaintiff does not, however, oppose the fact that

42 U.S.C. § 1983

does not provide a federal forum for a litigant who seeks monetary damages against either a state or its officials acting in their official capacities. See Hafer v. Melo,

502 U.S. 21, 25

(1991). Having carefully considered the underlying Complaint and related filings, the Court APPROVES the Magistrate Judge’s Report and Recommendation, and ADOPTS it as the Court’s opinion herein. Accordingly,

IT IS ORDERED that Plaintiffs claims for monetary damages against Darryl Vannoy and/or James LeBlanc in their official capacities are DISMISSED WITH PREJUDICE as legally frivolous and for failure to state a claim pursuant to

28 U.S.C. §§ 1915

(e) and 1915A. IT IS FURTHER ORDERED that this matter is REFERRED to the Magistrate Judge for further proceedings on Plaintiffs remaining claims for injunctive relief and monetary damages against Defendants in their individual capacities.

Baton Rouge, Louisiana, this 2% “day of June, 2021

JUDGE 2 A> 1 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

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