Johnathan Phelps v. Deputy Aaron Hillhouse et al.

Summary

The United States District Court for the Eastern District of Louisiana partially granted and partially denied defendants’ motion to dismiss claims brought by Johnathan Phelps concerning an alleged photograph taken while he was detained. The court dismissed with prejudice the claims against the St. Tammany Parish Sheriff’s Office and St. Tammany Parish Correctional Center because they are not juridical persons capable of being sued under Louisiana law. The court denied dismissal of the remaining claims against Deputy Aaron Hillhouse based on failure to exhaust administrative remedies, finding that non-exhaustion was not evident on the face of the complaint.

Holdings

1. The St. Tammany Parish Sheriff's Office and St. Tammany Parish Correctional Center are not entities or persons capable of being sued under Louisiana law or § 1983; the claims against them were dismissed with prejudice.
2. The court declined to dismiss on the basis of failure to exhaust because non-exhaustion was not evident on the face of the complaint, and the defendants had not provided sufficient support concerning the applicable grievance procedure.
3. The motion to dismiss was denied as to the remaining claims against Deputy Hillhouse.

Questions Presented

1. Whether the St. Tammany Parish Sheriff's Office and St. Tammany Parish Correctional Center are juridical persons or persons capable of being sued under Louisiana law and 42 U.S.C. § 1983.
2. Whether the complaint established on its face that Phelps failed to exhaust available administrative remedies under the Prison Litigation Reform Act.
3. Whether the motion to dismiss should be granted as to the remaining claims against Deputy Hillhouse.

Disposition

other