Florence v. Galveston Police Officer Clemente Garcia III et al

Filing 130

ORDER granting 120 Motion to Quash of Allen C Isbell and the deposition by written questions served upon him by Plaintiff, Thomas Florence, is QUASHED.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
THOMAS FLORENCE, #1729344
VS.
OFFICER CLEMENTE GARCIA III
and SGT. CHAPMAN

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CIVIL ACTION NO. G-11-134

ORDER
On April 21, 2014, Plaintiff, Thomas Florence, pursuant to this Court’s Order dated
April 11, 2014, filed his objection to Allen C. Isbell’s “Motion to Quash and/or Request for
Protective Order.” The gist of the underlying argument made by Florence in his objection
is that Isbell’s answers will assist him in proving that the complaint filed against him was
fatally defective, that the issuance of the arrest warrant against him was invalid and that his
ultimate conviction is void. But this argument is irrelevant to his pending civil case. The
validity of Florences’ conviction is not at issue; the only remaining claim is his assertion that
Defendant Garcia used excessive force against him at the time of his arrest.
As pointed out by the District Court, the Supreme Court decision in Heck v.
Humphrey, 512 U.S. 477 (1994), bars a civil action for damages if Plaintiff, in order to win,
must prove his conviction was invalid, unless Plaintiff first has the conviction vacated.
Florence’ conviction has not been set aside, therefore, he may not challenge the validity of
the charging documents or his conviction in this case. Since Florence cannot litigate these
issues, the discovery he seeks from Isbell is irrelevant and would be inadmissible at his trial.

It is, therefore, ORDERED that the “Motion to Quash and/or Request for Protective
Order” (Instrument no. 120) of Allen C. Isbell is GRANTED and the deposition by written
questions served upon him by Plaintiff, Thomas Florence, is QUASHED.
DONE at Galveston, Texas, this

23rd

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day of April, 2014.