Merriott v. City of Bossier City

TERRY A. DOUGHTY UNITED STATES DISTRICT JUDGE

KAYLA D. MCCLUSKY MAG. JUDGE

JUDGMENT

TERRY A. DOUGHTY UNITED STATES DISTRICT JUDGE

For the reasons assigned in the Report and Recommendation of the Magistrate Judge [Doc. No. 70] previously filed herein, having thoroughly reviewed the record, including the Objection filed by City of Bossier City (“City”) [Doc. No. 74], and concurring with the findings of the Magistrate Judge under the applicable law, IT IS ORDERED, ADJUDGED, AND DECREED that Defendants', City, Jeffrey Free (“Free”), David A. Montgomery (“Montgomery”), Jeffery Darby (“Darby”), and Charles Jacobs (“Jacobs”) Motions to Dismiss [Doc. Nos. 13, 15, 55-56] are GRANTED IN PART and DENIED IN PART.

IT IS ORDERED that the claims against Defendants Free, Montgomery, Darby, and Jacobs in their official capacities are DISMISSED WITH PREJUDICE.

IT IS FURTHER ORDERED that Plaintiff Weston Merriott's (“Merriott) First Amendment Vagueness, First Amendment Viewpoint- and Content-based Restraint, First Amendment As-Applied, First Amendment Retaliation, First Amendment Gag Order, Louisiana Open Meetings Law, and Louisiana Constitution Article XII claims are DISMISSED WITH PREJUDICE.

IT IS FURTHER ORDERED that Defendant City's Motion is DENIED to the extent it seeks dismissal of Plaintiff Merriott's First Amendment and Article I Overbreadth challenges to the Decorum Policy's Audience Ban and Speaker Limit and that the First Amendment and Article I Overbreadth claims otherwise are DISMISSED WITH PREJUDICE.