Barras v. Garber

Full title: MAEGAN MARIE BARRAS ET AL v. MARK GARBER ET AL

Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION

CASE NO. 6:19-CV-01411

Date published: Sep 25, 2020

Fact:

On November 2, 2018, Josh Barras was arrested on misdemeanor charges and transported to the Lafayette Parish Correctional Center (“LPCC”) for booking. At the time of his arrest and booking, Barras was allegedly exhibiting “bizarre behavior.” During booking, Barras was permitted to enter an LPCC restroom alone and unmonitored for approximately twenty minutes. When LPCC personnel ultimately checked on Barras in the restroom, he had attempted suicide and was unresponsive. He was immediately rushed to Lafayette General Medical Center. Barras allegedly “had a history of mental illness well documented in the medical and institutional records  of the Lafayette Parish Correctional Center.” The Amended Complaint also alleges that “it was known that Josh Barras had attempted suicide previously.”

Issue:

CONCLUSION:

For the reasons stated above, the Motion to Dismiss Defendants Mark Garber and Paula Smith, Under Rule 12(b)(6) [ECF No. 7] is GRANTED IN PART and DENIED IN PART. All claims against Paula Smith in her official capacity are DISMISSED WITH PREJUDICE. All claims against Mark Garber and Paula Smith in their individual capacities are DISMISSED WITH PREJUDICE. All negligence claims against Mark Garber in his official capacity are DISMISSED WITH PREJUDICE. Plaintiff’s loss of consortium and funeral expense claim is DISMISSED WITH PREJUDICE. Plaintiff shall file an amended complaint within 30 days to properly allege her capacity to sue. In all other respects, the Motion to Dismiss is DENIED.

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