Opinion
CIVIL ACTION NO. 09-2171.
April 22, 2010
ORDER
For the reasons stated in the Report and Recommendation [Record Document 35] of the Magistrate Judge previously filed herein, and after an independent review of the record, and noting the lack of written objections filed by plaintiff and concurring with the findings of the Magistrate Judge under applicable law:
IT IS ORDERED that (1) defendant's motion to dismiss [Record Document 23] is GRANTED and that plaintiffs' claim against the Louisiana State Police is DISMISSED, with prejudice on the basis that the Louisiana State Police is not a juridical entity capable of being sued under 42 U.S.C. § 1983; (2) plaintiffs' claim against Attorney General Caldwell in his official capacity is DISMISSED, without prejudice as barred by the Eleventh Amendment; (3) plaintiffs' claim against Attorney General Caldwell in his individual capacity is DISMISSED, with prejudice for failure to state a claim upon which relief can be granted; and (4) plaintiffs' claim against District Attorney Caldwell in his official capacity is DISMISSED, with prejudice as barred under the doctrine of prosecutorial immunity.
THUS DONE AND SIGNED in Shreveport, Louisiana, this 22 day of April, 2010.