Spencer v. Rosso et al, No. 3:2015cv00078 - Document 87 (M.D. La. 2016)

Court Description: OPINION Adopting the 83 Report and Recommendation of the U.S. Magistrate Judge. The claims against Dr. John Doe be dismissed, without prejudice, for failure of the plaintiff to serve this defendant within 120 days the defendant' s 9 Mot ion to Dismiss be granted in part, dismissing any claims against defendant Cain in his official capacity for monetary damages, and the plaintiff's due process claims. The defendant's Motion to Dismiss be denied as to the plaintiff's c laims of retaliation, deliberate indifference to his serious medical needs, excessive use of force, and for declaratory and injunctive relief. The Court decline the exercise of supplemental jurisdiction in connection with the plaintiff's potential state law claims. Signed by Judge John W. deGravelles on 2/12/2016. (LLH)