Shirah v. Falcon et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
WILLIAM CHILDS SHIRAH CIVIL ACTION
VERSUS CASE NO. 26-173
LELAND FALCON, in his official capacity, et al. SECTION: “N”
ORDER
The Court, after carefully considering Plaintiff’s Complaint1, the record, the
applicable law, and the Report and Recommendation of United States Magistrate
Judge Donna Phillips Currault2, dated July 21, 2026, to which no objection has been
filed, the Court hereby approves the Report and Recommendation and adopts it as
the Court’s opinion.
Accordingly,
IT IS ORDERED that Plaintiff William Child Shirah’s First Amendment
retaliation, excessive force, and unreasonable search claims against Assumption
Parish Sheriff Deputy Adam Mayon and failure-to-discipline claim against
Assumption Parish Sheriff Leland Falcon be DISMISSED WITH PREJUDICE
pursuant to 28 U.S.C. § 1915(e)(2) for being legally frivolous and/or for failure to state
a claim.
IT IS FURTHER ORDERED that Plaintiff’s malicious prosecution claims
against Deputy Mayon be DISMISSED WITH PREJUDICE to their being asserted
1 Rec. Doc. 1.
2 Rec. Doc. 20.
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again until the Heck conditions are met pursuant to § 1915(e)(2) for being legally
frivolous.
IT IS FURTHER ORDERED that Plaintiff’s false arrest claim against
Deputy Mayon and bystander liability and single decision claims against Sheriff
Falcon be DISMISSED WITH PREJUDICE pursuant to § 1915(e)(2) for failure to
state a claim but with leave to amend to allow Plaintiff an opportunity to amend those
claims. Additionally, should Plaintiff opt to amend his false arrest claim related to
the January 18, 2025, arrest, he must clarify (1) the specific charge for which he paid
a fine and (2) the specific charge dismissed and any conditions he must fulfill in
exchange for that dismissal.
IT IS FURTHER ORDERED that, in the light of Plaintiff’s pro se status, he
be granted leave to file an Amended Complaint alleging facts necessary to overcome
the deficiencies identified herein within 21 days of this Order. Accordingly, Plaintiff
must file the Amended Complaint on or before Monday, September 7, 2026.
IT IS FURTHER ORDERED that the Clerk’s Office send a copy of this Order
to Plaintiff, William Childs Shirah, via certified mail.
NEW ORLEANS, LOUISIANA, this 17th day of August, 2026.
__________________________________
ANNA ST. JOHN
UNITED STATES DISTRICT JUDGE
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