Green v. Rose et al

Filing 22

MEMORANDUM OPINION AND ORDER: The Court DENIES WITHOUT PREJUDICE to refiling the 8 motion to dismiss. The Court ORDERS the parties to conduct limited discovery regarding the defendants' qualified immunity defense within 30 days of entry of this order. Any motions for summary judgment based on qualified immunity shall be filed no later than 60 days after the close of that limited discovery. (Ordered by Judge Brantley Starr on 6/4/2024) (agc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
DOMINICK GREEN,

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Plaintiff,
v.
R ROSE, et al.,
Defendants.

Civil Action No. 3:24-CV-0337-X

MEMORANDUM OPINION AND ORDER
Before the Court is Defendants R Rose, C Pabst, and City of Mesquite, Texas’s
motion to dismiss. (Doc. 8). Having reviewed the motion, the applicable law, and
Plaintiff Dominick Green’s complaint, the Court concludes that there are not enough
facts for it to consider the defendants’ qualified immunity defense. Thus, the Court
is not ruling on the qualified immunity defense at this juncture. And the Court also
cannot rule on the veracity of Green’s Monell claims against the City of Mesquite
before it is able to determine whether there was a constitutional violation in this case.
Instead, the Court ORDERS the parties to conduct limited discovery
regarding the defendants’ qualified immunity defense within 30 days of entry of this
order. Any motions for summary judgment based on qualified immunity shall be filed
no later than 60 days after the close of that limited discovery.
Accordingly, the Court DENIES WITHOUT PREJUDICE to refiling the
motion to dismiss. (Doc. 8).

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IT IS SO ORDERED this 4th day of June, 2024.
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BRANTLEY STARR
UNITED STATES DISTRICT JUDGE

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