Thomas v. City of Kingsville, Texas et al

Filing 38

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 10 Memorandum and Recommendations. (Signed by Judge Hilda G Tagle) Parties notified.(scavazos, 1)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
DAVID TYRONE THOMAS,
Plaintiff,
VS.
CITY OF KINGSVILLE, TEXAS, et al,
Defendants.

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May 13, 2019
David J. Bradley, Clerk

CIVIL NO. 2:18-CV-136

ORDER
The Court is in receipt of the Magistrate Judge’s Memorandum and
Recommendation (“M&R”) to dismiss certain claims and retain case, Dkt. No. 10,
and Plaintiff’s Objections to the M&R, Dkt. No. 25.
After independently reviewing the record and applicable law, the Court
ADOPTS the M&R, Dkt. No. 10. Accordingly, the Court
● ORDERS that Kleberg County be substituted in place of the Kleberg County
Sheriff’s Office as a party defendant in this case;
● RETAINS the following claims against defendants as follows:1
(1) Plaintiff David Tyron Thomas’ (“Thomas”) false arrest/false imprisonment
claims arising from the June 9, 2016 drug charges against Kingsville Police
Officer Kevin Martinez, aka John Doe 1, in his individual capacity;2
(2) Plaintiff’s false arrest/imprisonment claims arising from the August 24, 2016
resisting arrest against Kingsville Police Officer Michael Chavana, aka John
Doe 2, in his individual capacity;3

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Plaintiff’s original complaint name a number of defendants, including unknown City of Kingsville
police officers and unknown Kleberg County deputies. Dkt. No. 1.
2 On November 29, 2018 the Magistrate Judge DIRECTED the Clerk to substitute Officer Kevin
Martinez in place of Kingsville Police Arresting Officer John Doe 1 as a party defendant, Dkt. No. 31.
3 On November 29, 2018 the Magistrate Judge DIRECTED the Clerk to substitute Officer Michael
Chavana in place of Kingsville Police Arresting Officer John Doe 2 as a party defendant, Dkt. No. 31.

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(3) Plaintiff’s excessive force claims arising from events occurring on August 24,
2016 against Kleberg County Officers Sergeant Robert Wright, aka John Doe
3,4 and Deputy John Doe 4 in their individual capacities; and
(4) Plaintiff’s excessive force claims arising from events occurring on August 24,
2016 against Kingsville Police Officers John Does 5 and 6 in their individual
capacities;
● DISMISSES Thomas’ claims for money damages against all Defendants in their
official capacities; and
● DISMISSES Thomas’ claims against the remaining Defendants as frivolous
and/or for failure to state a claim pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and
1915A(b)(1).
SIGNED this 13th day of May 2019.

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Hilda Tagle
Senior United States District Judge

On November 29, 2018 the Magistrate Judge DIRECTED the Clerk to substitute Sergeant Robert
Wright in place of Kleberg County Sergeant John Doe 3 as a party defendant, Dkt. No. 31.
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