Summary
holding that an inmate plaintiff lacked the standing to pursue relief on behalf of other inmates and on behalf of the detention center staff because the plaintiff had to be able to demonstrate a deprivation of his personal rights, as opposed to the rights of others
Summary of this case from Johnson v. SandersOpinion
CIVIL ACTION NO. 19-1124 SECTION P
11-13-2019
RANDY PEREZ v. RICHLAND PARISH DETENTION CENTER, ET AL.
MAG. JUDGE KAREN L. HAYES
JUDGMENT
The Report and Recommendation of the Magistrate Judge having been considered, together with the written objections thereto filed with this Court, and, after a de novo review of the record, finding that the Magistrate Judge's Report and Recommendation is correct and that judgment as recommended therein is warranted,
IT IS ORDERED, ADJUDGED, AND DECREED that Plaintiff Randy Perez's claims on behalf of staff and inmates at RPDC are DISMISSED WITHOUT PREJUDICE for lack of standing and as frivolous.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiff's claims concerning breach of contract and violation of LA. REV. STAT. § 39:1800.4 are DISMISSED WITHOUT PREJUDICE to Plaintiff's right to raise them before a state court. The claims are otherwise dismissed with prejudice and as frivolous.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiff's remaining claims and requests for relief are DENIED AND DISMISSED WITH PREJUDICE as frivolous.
IT IS FURTHER ORDERED that Plaintiff's motions for discovery, [doc. #s 7, 10], are DENIED AS MOOT.
MONROE, LOUISIANA, this 13th day of November, 2019.
/s/_________
TERRY A. DOUGHTY
UNITED STATES DISTRICT JUDGE