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Fifth Circuit affirms dismissal of Delta Fuel lawsuit
A three-judge panel with the U.S. Fifth Circuit Court of Appeals in New Orleans has affirmed a federal magistrate ruling dismissing a lawsuit filed by Delta Fuel of Ferriday last year.
Delta Fuel filed suit in July 2011 against former Sheriff Randy Maxwell, District Attorney Brad Burget, Louisiana Attorney General James "Buddy" Caldwell and the Louisiana Department of Justice claiming the they "acted with malice and/or reckless indifference to Delta's lawfully protected constitutional rights."
The Fifth Circuit panel, comprised of Judges Patrick Higgonbothan, W. Eugene Davis and Jennifer Walker Elrod, affirmed the decision handed down by Judge James D. Kirk and "found no error in the magistrate judge's recommendations."
The Fifth Circuit reported:
"Delta alleged that the defendants individually and as co-conspirators violated its clearly established rights to protect its property, to access the courts, and to be treated equally under the law. Its claims were based on the state's dismissal of criminal charges against Barry (Mitchell) Maxwell, a former Delta employee, following the state trial judge's rejection of a plea deal. The defendants moved to dismiss Delta's complaint pursuant to FED. R. CIV. P. 12(b)(6).
"The defendants' motions to dismiss were referred to Magistrate Judge James D. Kirk. The magistrate judge agreed that Delta's complaint failed to state a claim upon which relief could be granted. In his Report and Recommendation, the magistrate judge found:
"(1) that the Concordia Parish Sheriff's Department was not a legal entity capable of being sued; (2) that the Concordia Parish District Attorney's Office was not a person capable of being sued under § 1983 and that Louisiana law did not permit the District Attorney's Office to be sued in its own name; (3) that the claim against Burget was based on his recusal in the criminal case against Barry (Mitchell) Maxwell and that, because the recusal was done in Burget's role as district attorney, Burget was entitled to absolute prosecutorial immunity; (4) that Caldwell was entitled to Eleventh Amendment immunity as a state official acting in his official capacity and to absolute prosecutorial immunity for his decision to dismiss criminal charges against Barry Maxwell; (5) that the Louisiana Department of Justice, a state agency, was not a 'person' for purposes of § 1983 and that it was an arm of the state entitled to Eleventh Amendment sovereign immunity; and (6) that Delta failed to state a cognizable conspiracy claim or claim of deprivation of a civil right under § 1983 and had not and could not set forth facts establishing a conspiracy or violation of constitutional rights under § 1985. The district court adopted the magistrate judge's report and recommendations in full and entered judgment for the defendants."
District Attorney Brad Burget said he was "very pleased with the Fifth Circuit's decision. I acted appropriately, and more importantly, morally and ethically. The court's finding affirms this." |
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