Hansbrough v. Jefferson County Sheriff Department et al

Filing 13

MEMORANDUM ORDER overruling plaintiff's objections and adopting the magistrate judge's 3 Report and Recommendation. Signed by Judge Marcia A. Crone on 7/25/2011. (bjc)

UNITED STATES DISTRICT COURT
HENRY M. HANSBROUGH,
Plaintiff,
versus
JEFFERSON COUNTY SHERIFF
OFFICE, et al.,
Defendants.

EASTERN DISTRICT OF TEXAS
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CIVIL ACTION NO. 1:10-CV-644

MEMORANDUM ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND
ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Henry M. Hansbrough, an inmate confined in the Texas Department of Criminal
Justice, proceeding pro se, brought this lawsuit pursuant to 42 U.S.C. § 1983.
The court referred this matter to the Honorable Earl S. Hines, United States Magistrate
Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court.
The Magistrate Judge recommends this action be dismissed as frivolous and for failing to state a
claim upon which relief may be granted.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such referral, along with the record, pleadings and all available
evidence. Plaintiff filed objections to the magistrate judge’s Report and Recommendation. This
requires a de novo review of the objections in relation to the pleadings and the applicable law. See
FED . R. CIV . P. 72(b). After careful consideration, the court concludes Plaintiff’s objections are
without merit.
Plaintiff contends his claims against Jefferson County should not be dismissed. Plaintiff’s
allegations, however, fail to state a claim upon which relief may be granted against the county.
The Fifth Circuit has repeatedly recognized that “isolated violations are not the persistent, often
repeated, constant violations that constitute custom and policy as required for municipal section
1983 liability.” Gates v. Texas Department of Protective and Regulatory Services, 537 F.3d 404,

437 (5th Cir. 2008) (quoting Campbell v. City of San Antonio, 43 F.3d 973, 977 (5th Cir. 1995).
Thus, Plaintiff’s objections are without merit.
ORDER
Accordingly, Plaintiff’s objections are OVERRULED.

The findings of fact and

conclusions of law of the magistrate judge are correct, and the report of the magistrate judge is
ADOPTED. A final judgment will be entered in this case in accordance with the magistrate

.
judge’s recommendation.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 25th day of July, 2011.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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