Pulliam v. Fort Bend County, Texas et al

Filing 81

ORDER ADOPTING 77 MEMORANDUM AND RECOMMENDATIONS re: 61 MOTION for Partial Summary Judgment , (Signed by Judge George C Hanks, Jr) Parties notified. (knp4)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
JUSTIN PULLIAM,
Plaintiff.
V.
FORT BEND COUNTY, et al.,
Defendants.

September 24, 2024
Nathan Ochsner, Clerk

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§ CIVIL ACTION NO. 4:22-CV-04210
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ORDER ADOPTING MAGISTRATE JUDGE’S
MEMORANDUM AND RECOMMENDATION
On May 3, 2024, Plaintiff’s Motion for Partial Summary Judgment (Dkt. 61) was
referred to United States Magistrate Judge Andrew M. Edison under 28 U.S.C.
§ 636(b)(1)(B)–(C). Dkt. 75. Judge Edison filed a Memorandum and Recommendation on
September 5, 2024, recommending the motion be GRANTED IN PART and DENIED
IN PART. Dkt. 77.
On September 19, 2024, Defendants Fort Bend County (the “County”) and Sheriff
Eric Fagan (“Fagan”) filed their Objections. Dkt. 79. In accordance with 28 U.S.C.
§ 636(b)(1)(C), this Court is required to “make a de novo determination of those portions
of the [magistrate judge’s] report or specified proposed findings or recommendations to
which objection [has been] made.” After conducting this de novo review, the Court may
“accept, reject, or modify, in whole or in part, the findings or recommendations made by
the magistrate judge.” Id.; see also FED. R. CIV. P. 72(b)(3).

The Court has carefully considered the Objections; the Memorandum and
Recommendation; the pleadings; and the record. The Court ACCEPTS Judge Edison’s
Memorandum and Recommendation and ADOPTS it as the opinion of the Court. It is
therefore ORDERED that:
(1)

Judge Edison’s Memorandum and Recommendation (Dkt. 77) is
APPROVED AND ADOPTED in its entirety as the holding of the Court;
and

(2)

Plaintiff’s Motion for Partial Summary Judgment (Dkt. 61) is GRANTED
as to Pulliam’s free speech and equal protection violation claims against
Fagan and Fort Bend County arising from the July 2021 press conference;
and

(3)

Plaintiff’s Motion for Partial Summary Judgment (Dkt. 61) is DENIED as
to his First Amendment retaliation claims against the County and Sergeant
Taylor Rollins; and

(4)

Detective Robert Hartfield is entitled to qualified immunity and
DISMISSED from this lawsuit.

It is so ORDERED.
SIGNED at Houston, Texas on September 24, 2024.
_______________________________
GEORGE C. HANKS, JR.
UNITED STATES DISTRICT JUDGE

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