Summary
In Miller v. Newell, 20 S.C. 123, 47 Am. Rep., 833, the Court said: "Torts, in their effects, may be divided into two classes, to wit: those which affect injuriously the estate, real or personal, of a party, and those which cause injuries strictly personal; those which survive to the administrator and those which die with the party injured. It appears that those which affect the estate may be assigned, but those of a personal character cannot."
Summary of this case from U.S. Casualty Co. v. State Highway DeptOpinion
CIVIL ACTION NO: 10-0825 SECTION: "I"(4).
January 18, 2011
ORDER
The Court, having considered the complaint, the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge, and the failure of any party to file an objection to the Magistrate Judge's Report and Recommendation, hereby approves the Report and Recommendation of the United States Magistrate Judge and adopts it as its opinion in this matter. Therefore,
IT IS ORDERED that Keith J. Miller's Title 42 U.S.C. § 1983 claims against the defendants, Newell Normand, the Sheriff of Jefferson Parish, Deputy Chief Sue Ellen Penouilh, the Warden of the Jefferson Parish Correctional Center and D. Robertson, the law librarian of the Jefferson Parish Correctional Center, are DISMISSED WITH PREJUDICE as frivolous and for failure to state a claim for which relief can be granted pursuant to Title 28 U.S.C. § 1915(e) and § 1915A.
New Orleans, Louisiana, this 18th day of January, 2011