Sabbie v. Sw. Corr., LLC

Full title: TERESA SABBIE, INDIVIDUALLY AS PERSONAL REPRESENTATIVE OF THE ESTATE OF…

Court: UNITED STATES DISTRICT COURT OF THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION

Date published: Nov 30, 2017

CASE NO. 5:17-cv-113-RWS-CMC (E.D. Tex. Nov. 30, 2017)

Opinion

CASE NO. 5:17-cv-113-RWS-CMC

11-30-2017

TERESA SABBIE, INDIVIDUALLY AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MICHAEL SABBIE, AND AS PARENT AND NATURAL GUARDIAN OF HER MINOR CHILDREN, T.S., T.S, AND M.S.; SHANYKE NORTON, AS PARENT AND NATURAL GUARDIAN OF HER MINOR CHILD, M.S.; KIMBERLY WILLIAMS; MARCUS SABBIE; AND CHARLISA CRUMP v. SOUTHWESTERN CORRECTIONAL, LLC d/b/a LASALLE CORRECTIONS, LLC and LASALLE SOUTHWEST CORRECTIONS; LASALLE MANAGEMENT COMPANY, LLC; BOWIE COUNTY, TEXAS; THE CITY OF TEXARKANA, ARKANSAS; TIFFANY VENABLE, LVN, INDIVIDUALLY; M. FLINT, LVN, INDIVIDUALLY; GREGORY MONTOYA, M.D., INDIVIDUALLY; CLINT BROWN, INDIVIDUALLY; NATHANIEL JOHNSON, INDIVIDUALLY; BRIAN JONES, INDIVIDUALLY; ROBERT DERRICK, INDIVIDUALLY; DANIEL HOPKINS, INDIVIDUALLY; STUART BOOZER, INDIVIDUALLY; ANDREW LOMAX, INDIVIDUALLY; SHAWN PALMER, INDIVIDUALLY; SIMONE NASH, INDIVIDUALLY

ROBERT W. SCHROEDER III UNITED STATES DISTRICT JUDGE

ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

The above-entitled and numbered civil action was referred to United States Magistrate Judge Caroline M. Craven pursuant to 28 U.S.C. § 636. The Report and Recommendation (Docket No. 39), which contains Judge Craven's proposed findings of fact and conclusions of law, has been presented to the undersigned for consideration. In her Report and Recommendation, the Magistrate Judge recommends denying Defendants' Motion to Dismiss for Failure to State a Claim. No objections to the Report and Recommendation were filed within the prescribed time period. See FED. R. CIV. P. 72(b)(2).

The Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct. Plaintiffs have sufficiently pleaded facts to allege that each Defendant owed a duty to Michael Sabbie, and that those duties were breached. Accepting all well-pleaded facts as true and viewing them in the light most favorable to Plaintiffs, the Court agrees with the Magistrate Judge that Plaintiffs have stated a plausible claim against Defendants.

Finding no plain error in the findings and conclusions of the Magistrate Judge, the Court hereby ADOPTS the Report and Recommendation in its entirety. Accordingly, LaSalle Defendants' Motion to Dismiss for Failure to State a Claim (Docket No. 13) is DENIED.

So ORDERED and SIGNED this 30th day of November, 2017.

/s/_________

ROBERT W. SCHROEDER III

UNITED STATES DISTRICT JUDGE