McGown v. Jefferson Parish Sheriff's Office et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
JERRELL JHERON MCGOWN CIVIL ACTION
VERSUS NO. 25-1135
JEFFERSON PARISH SHERIFF’S
OFFICE, ET AL.
SECTION “H”(4)
O R D E R
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 Magistrate Judge’s Report and
Recommendation and adopts it as its opinion in this matter. Therefore,
IT IS ORDERED that plaintiff Jerrell Jheron McGown’s 42 U.S.C. § 1983
claims against defendants Jefferson Parish Sheriff’s Office, Sheriff Joseph P. Lopinto,
Jefferson Parish Correctional Center, Ochsner Health, E.M.S. technician Jamie
Eschette, and E.M.S. technician Christopher Sattler are DISMISSED WITH
PREJUDICE pursuant to 28 U.S.C. § 1915(e), § 1915A, and 42 U.S.C. § 1997e as
frivolous and otherwise for failure to state a claim for which relief can be granted.
IT IS FURTHER ORDERED that McGown’s state law claims against
defendant Jefferson Parish Correctional Center are DISMISSED WITHOUT
PREJUDICE because the Court declines to exercise supplemental jurisdiction over
these claims.
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IT IS FURTHER ORDERED that, pursuant to Wallace v. Kato, 549 U.S. 384
(2007), McGown’s § 1983 claims for excessive force during his arrest on June 19, 2024,
against defendants Officer Jerry Ard, Officer Latasha Green, and Officer Hector
Acosta are STAYED. The Clerk of Court is directed to statistically close the stayed
portion of the case for administrative purposes. Further, it is ordered that, within
60 days of finality of McGown’s conviction or upon disposition of the state criminal
charges in his favor, either party may move to reopen the matter for further
proceedings consistent with Heck v. Humphrey, 512 U.S. 477 (1994).
New Orleans, Louisiana, this 23rd day of April, 2026.
______________________________________
UNITED STATES DISTRICT JUDGE
Case 2:25-cv-01135-JTM Document 10 Filed 04/23/26 Page 2 of 2