Paul Anthony Sampay v. Terrebonne Parish Consolidated Government, et al.

Summary

The United States District Court for the Eastern District of Louisiana overruled Paul Anthony Sampay’s objection and adopted the magistrate judge’s Report and Recommendation. The court dismissed with prejudice Sampay’s 42 U.S.C. § 1983 claims against Terrebonne Parish Consolidated Government and EMT Jacob Guidry, while allowing his medical-indifference claim against Medical Administrator April Tomlin to proceed.

Holdings

1. The district court conducted de novo review of the specific objection and overruled it.
2. Terrebonne Parish Consolidated Government was not liable on Sampay's asserted vicarious-liability theory for Tomlin's alleged conduct, and the claims against the Parish were dismissed with prejudice.
3. The § 1983 claims against Terrebonne Parish Consolidated Government and EMT Jacob Guidry were dismissed with prejudice as frivolous and otherwise for failure to state a claim for which relief can be granted.
4. Sampay's § 1983 medical-indifference claim against Medical Administrator April Tomlin was allowed to proceed and remained referred to the assigned magistrate judge for further pretrial proceedings.

Questions Presented

1. Whether the district court should sustain Sampay's objection to the magistrate judge's recommendation under the de novo review standard.
2. Whether Terrebonne Parish Consolidated Government could be held vicariously liable under 42 U.S.C. § 1983 for the alleged medical-indifference conduct of Medical Administrator April Tomlin.
3. Whether the claims against Terrebonne Parish Consolidated Government and Jacob Guidry should be dismissed with prejudice as frivolous or for failure to state a claim under 28 U.S.C. §§ 1915 and 1915A and 42 U.S.C. § 1997e.

Disposition

other