Ross v. Dagate et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
JOSEPH JEROME ROSS
VERSUS
JASON DAGATE, ET AL.
CIVIL ACTION
NO. 26-1111
SECTION “I” (2)
ORDER
The Court, after considering the complaint, the record, the applicable law, the Magistrate
Judge’s Report and Recommendation,1 and the objections2 by plaintiff, Joseph Jerome Ross, which
are hereby OVERRULED, approves the Magistrate Judge’s Report and Recommendation
and adopts it as its opinion. Accordingly,
IT IS ORDERED that Plaintiff Joseph Jerome Ross’s § 1983 official-capacity claims
against Judges Dagate and Arceneaux are DISMISSED WITHOUT PREJUDICE as barred by
Eleventh Amendment immunity.
IT IS FURTHER ORDERED that Plaintiff’s §1983 claims against Judges Dagate and
Arceneaux in their personal capacities and against Terrebonne Parish District Attorney Joseph
Waitz Jr., and Assistant D.A. Amanda Mustin, are DISMISSED WITH PREJUDICE pursuant
to 28 U.S.C. §§ 1915(e)(2), 1915A(a)–(b), and 1997e(c) as frivolous based on judicial and
prosecutorial immunity and otherwise for failure to state a claim for which relief can be granted.
IT IS FURTHER ORDERED that Plaintiff’s §1983 claims against Assistant Public
Defender Cheleste Gattschalk and Sheriff Timothy Soignet are DISMISSED WITH
PREJUDICE pursuant to 28 U.S.C. §§ 1915(e)(2), 1915A(a)–(b), 1997e(c) as frivolous and
otherwise for failure to state a claim for which relief can be granted.
1 Rec. Doc. No. 13
2 Rec. Doc. Nos. 14 and 15
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2
IT IS FURTHER ORDERED that the case is DISMISSED WITHOUT PREJUDICE
to Plaintiff’s right to pursue habeas relief.
New Orleans, Louisiana, this 14 th day of October, 2026.
_____________________________________
LANCE M. AFRICK
UNITED STATES DISTRICT JUDGE
Case 2:26-cv-01111-LMA-DPC Document 16 Filed 10/14/26 Page 2 of 2