Jynes v. Orleans Parish Sheriff's Office et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
GREGORY REGINALD JYNES CIVIL ACTION
VERSUS NO. 25-1062
ORLEANS PARISH SHERIFF’S
OFFICE, ET AL.
SECTION “O”(3)
ORDER
The Court, having considered the Complaint, the record, the applicable law,
the Report and Recommendation of Partial Dismissal of the United States Magistrate
Judge, Rec. Doc. 15, and the failure of plaintiff to file an objection to the Magistrate
Judge’s Report and Recommendation of Partial Dismissal, hereby approves the
Report and Recommendation of Partial Dismissal of the United States Magistrate
Judge and adopts it as its opinion in this matter.1 Therefore,
IT IS HEREBY ORDERED that plaintiff’s federal civil rights claims against
defendants the Orleans Parish Sheriff’s Office, Orleans Justice Center, the Medical
Department, Deputy Rodriguez, SRT Officer Harris, and SRT Officer Patton, Sheriff
1 The Court adopts the Report and Recommendation with three clarifying amendments. First,
on page 36 of the Report and Recommendation, the second sentence of the third paragraph is amended
to state: “As such, Jynes’s First Amendment claim against Sheriff Hutson in her official capacity should
be allowed to proceed pending further development.” ECF No. 15 at 36 (emphasis added in italics).
Second, at the bottom of page 37, below the phrase “in forma pauperis pursuant to 28 U.S.C. § 1915,”
the following paragraph is added: “IT IS FURTHER RECOMMENDED that Jynes’s federal civil
rights claims for failure to protect on January 30, 2025 against Sheriff Hutson in her official capacity
are DISMISSED WITH PREJUDICE.” Id. at 37. Third, the final recommendation, which begins at
the bottom of page 37 and extends onto page 38, is amended to state: “IT IS FURTHER
RECOMMENDED that Jynes’s federal civil rights claims for failure to protect on January 30, 2025
against Giovingo, Duncan, Brown, Lewis, Ahmad in their individual capacities, and violation of the
First Amendment right to free exercise of religion against Jones, Giovingo, Williams, Stevenson, and
Ahmad in their individual capacities, and Sheriff Hutson in her official capacity, be allowed to proceed
at this time pending further development.” Id. at 38 (emphasis added in italics).
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Hutson in her individual capacity, and Assistant Sheriff Ahmad Classification Officer
Duncan, Lieutenant Brown, Michael Lewis, Captain Jones, Sergeant Dunn, Pod
Officer Williams, and Pod Officer Stevenson, in their official capacities, are
DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that plaintiff’s February 4, 2025 and April 16,
2025 federal civil rights claims for failure to protect, the claims relating to May 13–
15, 2025, as well as his claims of access to courts, retaliation, and deprivation for
personal property are DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that plaintiff’s federal civil rights claims
related to the May 25, 2025 incident are DISMISSED WITHOUT PREJUDICE for
failure to exhaust under 42 U.S.C. § 1997e, but WITH PREJUDICE for purposes of
proceeding in forma pauperis pursuant to 28 U.S.C. § 1915.
IT IS FURTHER ORDERED that plaintiff’s federal civil rights claims for
failure to protect on January 30, 2025 against Sheriff Hutson in her official capacity
are DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that plaintiff’s federal civil rights claims for
failure to protect on January 30, 2025 against Giovingo, Duncan, Brown, Lewis,
Ahmad in their individual capacities, and violation of the First Amendment right to
free exercise of religion against Jones, Giovingo, Williams, Stevenson, and Ahmad in
their individual capacities, and Sheriff Hutson in her official capacity, are allowed to
proceed at this time pending further development.
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New Orleans, Louisiana, this 26th day of January, 2026.
__________________________________________
BRANDON S. LONG
UNITED STATES DISTRICT JUDGE
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