Brandy McKay, Individually and on Behalf of Her Minor Child, P.M. v. Lamar Davis et al.

McKay · United States District Court for the Eastern District of Louisiana · January 8, 2026 · No. 2:21-cv-02304

Summary

The court dismissed with prejudice the remaining Fourteenth Amendment claims against Sergeant Rohn Bordelon and Trooper David LaCroix, as well as any remaining Fourth Amendment claims. It declined to exercise supplemental jurisdiction over the remaining Louisiana state-law claims and dismissed them without prejudice. The court also denied as moot the parties’ joint motion to continue the trial date and pretrial deadlines.

Holdings

  1. The remaining Fourteenth Amendment claims against Sergeant Rohn Bordelon and Trooper David LaCroix are dismissed with prejudice because the Fifth Circuit determined that those defendants were entitled to qualified immunity.
  2. When all claims within the district court's original jurisdiction have been dismissed, the court has broad discretion under 28 U.S.C. § 1367(c) to decline supplemental jurisdiction over remaining state-law claims; the statutory and common-law factors here favored dismissal without prejudice.
  3. Any remaining Fourth Amendment claims are dismissed with prejudice based on Plaintiff's voluntary dismissal of those claims.
  4. The joint motion to continue the trial date and pretrial deadlines is denied as moot because the federal claims are dismissed and the state-law claims are dismissed without prejudice.

Questions Presented

  1. Whether the district court should dismiss the remaining Fourteenth Amendment claims after the Fifth Circuit held that the remaining defendants were entitled to qualified immunity.
  2. Whether the district court should decline supplemental jurisdiction over the remaining Louisiana-law claims under 28 U.S.C. § 1367(c), particularly after all federal claims had been dismissed.
  3. Whether the pending joint motion to continue the trial and pretrial deadlines should be denied as moot.

Disposition

dismissed

Cases Cited (22)

  • Exxon Mobil Corp. v. Allapattah Services, Inc., 545 U.S. 546, 547 (2005)(followed)
  • Enochs v. Lampasas County, 641 F.3d 155, 158–61 (5th Cir. 2011)(followed)
  • Guzzino v. Felterman, 191 F.3d 588, 595 (5th Cir. 1999)(followed)
  • Parker & Parsley Petroleum Co. v. Dresser Industries, 972 F.2d 580, 585–92 (5th Cir. 1992)(followed)
  • Wong v. Stripling, 881 F.2d 200, 204 (5th Cir. 1989)(followed)
  • Francis v. Louisiana, No. CV 21-706, 2022 WL 1134935, at *2–4 (E.D. La. Apr. 18, 2022)(followed)
  • E.H. by & Through Abron v. Barrilleaux, 519 F. Supp. 3d 328, 342 (E.D. La. 2021)(followed)
  • Smith v. Amedisys Inc., 298 F.3d 434, 446–47 (5th Cir. 2002)(followed)
  • Mendoza v. Murphy, 532 F.3d 342, 346–47 (5th Cir. 2008)(followed)
  • Carnegie-Mellon University v. Cohill, 484 U.S. 343, 350 (1988)(followed)

Showing top 10 of 22.

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