Trammell v. Fruge et al
ORDER - In light of the forgoing and in accordance with its order 40 , dated June 29, 2016, the Court GRANTS summary judgment in favor of Sergeant Krogmann and Officer Ingles for Plaintiffs claims for supervisor liability. Signed by Judge Robert Pitman. (td)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
KEVIN FRUGE, MIKE KROGMANN,
BRIAN NEVEU, E.F. DELAROSA,
HUNTER WEBB, M. GARZA,
SHELBY INGLES, AND CITY OF
ROUND ROCK, TEXAS
In accordance with this Court’s order, dated June 29, 2016, (Dkt. 40), and in light of the fact
that Plaintiff has produced no additional evidence in support of his claims against Officer Ingles and
Sergeant Krogmann for supervisor liability, the Court grants summary judgment to Officer Ingles
and Sergeant Krogmann on Mr. Trammell’s claims for supervisor liability.
As the Court previously explained, in order for a supervisor to be held liable for a § 1983
claim for failure to supervise, “the plaintiff must show that: (1) the supervisor either failed to
supervise or train the subordinate official; (2) a causal link exists between the failure to train or
supervise and the violation of the plaintiff’s rights; and (3) the failure to train or supervise amounts
to deliberate indifference.” Goodman v. Harris Cty., 571 F.3d 388, 395 (5th Cir. 2009) (internal
quotation marks omitted). Mr. Trammell has failed to submit sufficient evidence to create a genuine
dispute of material fact as to whether Officer Ingles or Sergeant Krogmann are liable or to
overcome the officers’ claims of qualified immunity. In particular, Mr. Trammell complains of
Sergeant Krogmann’s conduct after his arrest, but has submitted no evidence that Sergeant
Krogmann’s conduct could have caused the alleged constitutional violations. Mr. Trammell also
failed to submit any evidence that Officer Ingles’ conduct caused the alleged constitutional violation,
or that her alleged failure to supervise amounted to deliberate indifference.
In light of the forgoing and in accordance with its order, dated June 29, 2016, the Court
GRANTS summary judgment in favor of Sergeant Krogmann and Officer Ingles for Plaintiff’s
claims for supervisor liability.
SIGNED on July 12, 2016
UNITED STATES DISTRICT JUDGE
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