Sherwood v. Brazos County Detention Center et al
ORDER of partial dismissal as to Brazos County District Attorney's.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)
United States District Court
Southern District of Texas
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
BRAZOS COUNTY DETENTION CENTER, et al.,
April 10, 2018
David J. Bradley, Clerk
F LOYD EARL SHERWOOD,
CIVIL ACTION NO. H-18-1015
ORDER OF PARTIAL DISMISSAL
Plaintiff, a pretrial detainee in custody of the Brazos County Detention Center (the
“Detention Center”), filed this section 1983 lawsuit against the Detention Center and the
Brazos County District Attorney’s Office (the “District Attorney”). Plaintiff complains
that he received improper medical care at the Detention Center, and that the District
Attorney is pursuing malicious and wrongful criminal charges against him. He seeks leave
to proceed in forma pauperis and requests monetary damages.
Under 28 U.S.C. § 1915(e)(2)(B), a district court must sua sponte dismiss an in
forma pauperis section 1983 complaint if the complaint is malicious or frivolous, fails to
state a claim upon which relief can be granted, or seeks monetary damages from a
defendant who is immune from suit.
Plaintiff’s claims against the District Attorney for malicious and wrongful
prosecution must be dismissed, as he seeks monetary damages from a defendant who is
immune from suit. Prosecutors are entitled to absolute immunity for their acts performed
as advocates of the State. “Prosecutorial immunity applies to the prosecutor’s actions in
initiating the prosecution and in carrying the case through the judicial process.” Boyd v.
Biggers, 31 F.3d 279, 285 (5th Cir. 1994). “Absolute immunity shelters prosecutors even
when they act maliciously, wantonly or negligently.” Rykers v. Alford, 832 F.2d 895, 897
(5th Cir. 1987). Plaintiff’s claims against the prosecutors in his case fall squarely within
the purview of prosecutorial immunity, and the claims fail to raise issues of constitutional
Plaintiff’s claims against the Brazos County District Attorney’s Office are
DISMISSED WITH PREJUDICE as barred by prosecutorial immunity.
This is an INTERLOCUTORY ORDER.
Signed at Houston, Texas on April 10, 2018.
Gray H. Miller
United States District Judge
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