Stephens v. Day et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
SPENCER VARDARMAN STEPHENS, III
VERSUS
TRAVIS DAY, ET AL
CIVIL ACTION
NO. 25-1982
SECTION “I” (2)
ORDER
The Court, after considering the complaint, the record, the applicable law, the Magistrate
Judge’s Report and Recommendations,1 and finding that as of this date plaintiff has filed no
objections to the Magistrate Judge’s Report and Recommendations, hereby approves the
Magistrate Judge’s Report and Recommendations and adopts it as its opinion. Accordingly,
IT IS ORDERED that the Rule 12(b)(1) motion2 to dismiss Plaintiff’s 42 U.S.C. § 1983
claims seeking monetary damages asserted against Travis Day, Keith Bickham, Kevin Luper,
Karla Wheat, Dr. Juan Martinez, and Colonel Wade Rigdon in their official capacity is
GRANTED and those claims are DISMISSED WITHOUT PREJUDICE, leaving for resolution
the §1983 claims against Defendants in their individual capacity.
IT IS FURTHER ORDERED that the Rule 12(b)(6) motion to dismiss Plaintiff’s ADA
claims asserted against Travis Day, Keith Bickham, Kevin Luper, Karla Wheat, Dr. Juan Martinez,
and Colonel Wade Rigdon in their individual capacity is GRANTED and those claims are
DISMISSED WITH PREJUDICE, leaving for resolution the ADA claims against Defendants in
their official capacity.
New Orleans, Louisiana, this 14 th day of October 2026.
_________________________________
LANCE M. AFRICK
UNITED STATES DISTRICT JUDGE
1 Rec. Doc. Nos. 36 and 38
2 Rec. Doc. No. 32
Case 2:25-cv-01982-LMA-DPC Document 39 Filed 10/15/26 Page 1 of 1