Aucoin v. Baio et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
CRAIG JOSEPH AUCOIN, 	CIVIL ACTION
VERSUS 	NO. 25-939
DOMINQUE BAIO, ET AL. 	SECTION “H”(3)
ORDER
Before the Court are the Complaint, the record, the applicable law, the
Partial Report and Recommendation of the United States Magistrate Judge
(Doc. 31), and the Plaintiff’s objections to the Magistrate Judge’s Partial Report
and Recommendation (Doc. 35). In the Partial Report and Recommendation,
the magistrate judge recommends dismissal of Plaintiff’s § 1983 claim against
the Terrebonne Parish Sheriff’s Office because it is not a juridical person
capable of being sued under § 1983. In his objection, Plaintiff contends that his
claims arise under the Rehabilitation Act, the Americans with Disabilities Act,
and state law—not § 1983. He correctly points out that suits under these
provisions are appropriate against a public entity.
Accordingly;
IT IS HEREBY ORDERED that this Court approves the Partial Report
and Recommendation of the United States Magistrate Judge and adopts it as
its opinion in this matter.
IT IS FURTHER ORDERED that, to the extent that Plaintiff asserts
§ 1983 claims against the Terrebonne Parish Sheriff’s Office, those claims are
DISMISSED WITH PREJUDICE. However, Plaintiff’s claims against the
Terrebonne Parish Sheriff’s Office under the Rehabilitation Act, the Americans
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with Disabilities Act, and state law remain pending.
New Orleans, Louisiana, this 2nd day of February, 2026.
__________________________________________
JANE MILAZZO
UNITED STATES DISTRICT JUDGE
Case 2:25-cv-00939-EJD Document 41 Filed 02/03/26 Page 2 of 2