Keys v. Torres et al

Filing 115

ORDER. (Signed by Judge Nelva Gonzales Ramos) Parties notified.(mserpa, 2)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
ROBERT DANIEL KEYS,
Plaintiff,
VS.
CANDACE TORRES, et al,
Defendants.

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§ CIVIL ACTION NO. 2:12-CV-350
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ORDER

In their Motion to Dismiss (D.E. 109), the Individual Defendants 1 stated that this
Court’s Order (D.E. 108) adopting United States Magistrate Judge B. Janice Ellington’s
Memorandum and Recommendation (M&R) (D.E. 105) “may reasonably be read” as
“substantially differing” from the M&R. D.E. 109, p. 2.
To clarify, this Court adopted the Magistrate Judge’s recommendations pertaining
to the Individual Defendants, which include: (1) dismissing with prejudice Plaintiff’s
First Amendment claims for money damages against the Individual Defendants in their
official capacities; (2) dismissing Plaintiff’s First Amendment claims for compensatory
damages against the Individual Defendants; and (3) dismissing as moot Plaintiff’s
prospective injunctive relief as to Defendants David Diaz and Richard Crites as they are
no longer employed by the Texas Department of Criminal Justice (TDCJ). The Court
further adopted the Magistrate Judge’s recommendation that “the case proceed to the
filing of dispositive motions on Plaintiff’s First Amendment claims for nominal and
1

Individual Defendants include: Officer Jennifer Smith, Supervisor Kisha Collins, Officer Kandis Torres, Warden
Carol Monroe, David Diaz, and Richard Crites.

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punitive damages against the remaining six Defendants in their individual capacity, and
for injunctive relief against those Defendants still employed by the TDCJ.” D.E. 105, p.
12. Lastly, by granting Plaintiff leave to amend his complaint in order to assert a First
Amendment challenge of the correspondence policy itself against TDCJ-CID Director
William Stephens, prospective injunctive relief against the Individual Defendants is
limited only to claims pertaining to their application of the existing policy. D.E. 108, p.
3-4.
ORDERED this 2nd day of February, 2015.

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NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE

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