Opinion
CIVIL ACTION NO: 11-0597
09-25-2012
CLIFFORD D. LATHAM v. CITY OF BOSSIER CITY, ET. AL.
JUDGE DONALD E. WALTER
MAGISTRATE JUDGE HORNSBY
ORDER
Before the Court is a Motion for Summary Judgment [Doc. #46] filed by Defendants, City of Bossier City, Louisiana, Matthew Faulkner, Sgt. K. Johnson and Earnest Crook.
Upon due consideration, Defendants' motion is GRANTED IN PART and DENIED IN PART. Plaintiff's claim for false arrest in violation 42 U.S.C. § 1983 is precluded under the Heck doctrine as a collateral attack of his conviction, and is hereby DISMISSED WITH PREJUDICE. Heck v. Humphrey, 512 U.S. 477 (1994). As to Plaintiff's remaining claims, the court finds that genuine disputes as to material facts remain. Defendants' motion for summary judgment on these claims is hereby DENIED.
THUS DONE AND SIGNED, this 25 day of September, 2012.
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DONALD E. WALTER
UNITED STATES DISTRICT JUDGE