Liverman et al v. Denton County, Texas, Criminal District Attorney et al
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 68 Report and Recommendations. Accordingly, the District Attorney's Office's Motion to Dismiss (Dkt. 65) is GRANTED. The case as to the Defendant Denton County Criminal District Attorneys Office a/k/a Denton County, Texas, Criminal District Attorney shall be dismissed with all costs to be borne by the party incurring same. Signed by Judge Amos L. Mazzant, III on 8/15/2017. (daj, )
United States District Court
EASTERN DISTRICT OF TEXAS
ROGER LIVERMAN AND
DENTON COUNTY, TEXAS,
CRIMINAL DISTRICT ATTORNEY,
PAUL JOHNSON, LARA TOMLIN,
RICK DANNIEL, LINDSEY SHEGUIT,
and KATHERYN PAYNE HALL,
CASE NO. 4:16CV801
Judge Mazzant/Judge Johnson
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this
action, this matter having been heretofore referred to the United States Magistrate Judge
pursuant to 28 U.S.C. § 636. On July 19, 2017, the report of the Magistrate Judge was
entered containing proposed findings of fact and recommendation that the Motion to Dismiss
filed by Defendant Denton County Criminal District Attorney’s Office a/k/a “Denton
County, Texas, Criminal District Attorney” (the “District Attorney’s Office”) (Dkt. 65) be
Having received the report of the United States Magistrate Judge, and no objections
thereto having been timely filed, the Court is of the opinion that the findings and conclusions
of the Magistrate Judge are correct and adopts the Magistrate Judge’s report as the findings
and conclusions of the Court.
Pro se Plaintiffs Roger Liverman and Aaron Liverman (“Plaintiffs”) have sued
various individuals and entities, including “Denton County, Texas Denton County Criminal
District Attorney” and Denton County Criminal District Attorney Paul Johnson (“Johnson”),
Assistant Criminal District Attorneys Lara Tomlin (“Tomlin”), Rick Daniel (“Daniel”), and
Lindsey Sheguit (“Sheguit”) (collectively the “District Attorney Defendants”), and
Defendant Hall, who according to the record is the daughter of Plaintiff Roger Liverman and
the sister of Plaintiff Aaron Liverman. Plaintiffs’ claims against the District Attorney
Defendants1 and Defendant Hall have been dismissed. See Dkts. 50 and 63.
The Magistrate Judge properly found the District Attorney’s Office’s motion to
dismiss should be granted because the District Attorney’s Office is not a separate legal entity
capable of being sued. See Darby v. Pasadena Police Department, 939 F.2d 311, 313 (5th
Cir.1991) (internal citations and quotations omitted) (“In order for a plaintiff to sue a city
department, it must enjoy a separate legal existence.”); see also Jacobs v. Port Neches Police
Department, 915 F.Supp. 842, 844 (E.D. Tex. 1996) (Relying on the principles enunciated
in Darby, the court held that the county district attorney’s office was not capable of being
sued); Stephens v. Dist. Attorney of Dallas Cty., 2004 WL 1969403 (N.D. Tex. 2004) (The
district attorney’s office is not a jural entity that can be sued).
Accordingly, the District Attorney’s Office’s Motion to Dismiss (Dkt. 65) is
Plaintiffs’ interlocutory appeal of the Court’s Order dismissing the District Attorney Defendants is
currently pending before the Fifth Circuit Court of Appeals, case number 17-40325. See Dkt. 60.
The case as to the Defendant Denton County Criminal District Attorney’s Office
a/k/a “Denton County, Texas, Criminal District Attorney” shall be dismissed with all costs
to be borne by the party incurring same.
It is SO ORDERED.
SIGNED this 15th day of August, 2017.
AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE
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