Hyde v. Tom S. Whitehead Inc. et al

Filing 7

REPORT AND RECOMMENDATION of United States Magistrate Judge re 1 Complaint filed by Tristan Michael Hyde. Signed by Judge Susan Hightower. (jv2)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
TRISTAN MICHAEL HYDE
Walton County, Florida #164253

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V.
TOM S. WHITEHEAD, INC.,
et al.

A-22-CV-252-RP-SH

REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
TO:

THE HONORABLE ROBERT PITMAN
UNITED STATES DISTRICT JUDGE

Before the Court is Plaintiff Tristan Michael Hyde’s civil rights complaint. The undersigned
Magistrate Judge submits this Report and Recommendation pursuant to 28 U.S.C. §636(b) and
Rule 1(f) of Appendix C of the Local Court Rules.
I.

Statement of the Case

Hyde, proceeding pro se, has been granted leave to proceed in forma pauperis. At the time he
filed his complaint, Hyde was confined in the Walton County Jail in Defuniak Springs, Florida.
Records for the Walton County Jail indicate that Hyde posted bond on April 25, 2022. To date,
Hyde has not notified the Court of a change of address.
Hyde asserts that in 2012, he signed a voluntary waiver of extradition while he was in the
Washington County Jail in Brenham, Texas. He requested a final disposition of charges pending
in Lincoln County, New Mexico, before he entered the Texas Department of Criminal Justice
(TDCJ) on a five-year term of imprisonment. Hyde does not make clear whether he was extradited
to Lincoln County before he entered TDCJ.
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Hyde asserts that in March 2015, before he was released on parole from TDCJ, he had an
extradition hearing in Walker County, Texas, to determine whether he should be extradited to
Dekalb County, Alabama, to resolve a pending theft charge filed against him in 2012. Hyde further
asserts that Dekalb County dismissed the theft charge and cancelled the detainer. Hyde contends
that he was released on parole in Texas in May 2015.
Shortly after his release on parole, a detective with the Washington County Sheriff’s Office
asked Hyde to come to the sheriff’s office to complete paperwork. Hyde asserts that he voluntarily
went to the sheriff’s office and was illegally detained on warrants from New Mexico and Alabama.
Hyde denies that he was a fugitive from New Mexico or Alabama.
Hyde alleges that radio station KWHI, owned or operated by Tom S. Whitehead, Inc.
(Whitehead), immediately posted Hyde’s mugshot online, announcing his May 2015 arrest and
describing him as a fugitive from justice from New Mexico and Alabama. Hyde asserts that these
mugshots and articles are still present online. He claims that Washington County Sheriff Otto
Hanak directed the false statements and mugshots. Hyde contends that the posts interfere with his
ability to conduct business.
Hyde contends that a judge in Washington County ruled that he was not a fugitive from justice
in a habeas corpus proceeding on or about May 7, 2015, and ordered Hyde released from custody.
Hyde states that he was rearrested on or about that same day on the same 2012 warrant from Dekalb
County, Alabama, and transported to Dekalb County in a “dog cage” that took three weeks to
arrive. Hyde alleges that he was released on bond on arrival.
Approximately one year later, the Governor of New Mexico ordered Hyde to be extradited to
Lincoln County, New Mexico. Hyde contends this was done with no formal extradition

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proceedings. Hyde does not allege when he was extradited to New Mexico, but claims that officers
used a TASER on him on June 6, 2018, presumably during an arrest, in Washington County, Texas.
Hyde explains that he filed a tort claim in state court against the Brenham Police Department
and the Washington County Sheriff’s Department. Hyde asserts that a state judge held a hearing
on February 21, 2021, during which the judge acknowledged that Hyde experienced a bodily injury
and said: “[W]e know the plaintiff was injured by the excessive force of the BPD and WCSO.”
Hyde states that he was released from New Mexico’s custody on February 14, 2021, seven
days before the hearing, and that he was denied an opportunity to hire private counsel before the
hearing. Hyde also alleges that he was denied his medical records on written request to the
Washington County Sheriff’s Department before the hearing because he was incarcerated when
he made the request.
Hyde now sues Whitehead; Washington County, Texas; the Washington County Sheriff’s
Department; Washington County Sheriff Otto H. Hanak; the State of Texas; and KWHI. Hyde
asks the Court to order Whitehead and KWHI to remove from KWHI’s website any mugshots
taken by the Washington County Sheriff’s Department related to his alleged unlawful arrest and
any statements that Hyde was a fugitive from justice from New Mexico and Alabama. Hyde also
seeks damages in the amount of $100 million.
II.

Legal Standard

An in forma pauperis proceeding may be dismissed sua sponte under 28 U.S.C. § 1915(e) if
the court determines that the complaint is frivolous, malicious, fails to state a claim on which relief
may be granted, or seeks monetary relief against a defendant who is immune from suit. A dismissal
for frivolousness or maliciousness may occur at any time, before or after service of process and
before or after the defendant’s answer. Green v. McKaskle, 788 F.2d 1116, 1119 (5th Cir. 1986).
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When reviewing a plaintiff’s complaint, the court must construe plaintiff’s allegations liberally.
See Haines v. Kerner, 404 U.S. 519 (1972). However, the petitioner’s pro se status does not offer
him “an impenetrable shield, for one acting pro se has no license to harass others, clog the judicial
machinery with meritless litigation and abuse already overloaded court dockets.” Farguson v.
MBank Houston, N.A., 808 F.2d 358, 359 (5th Cir. 1986).
III.

Analysis

A. State of Texas
To the extent that Hyde attempts to sue the State of Texas for constitutional violations under
42 U.S.C. § 1983, his claims are barred by sovereign immunity. Sovereign immunity bars suit
against a state or state entity, regardless of whether money damages or injunctive relief is sought.
Will v. Michigan Dep't of State Police, 491 U.S. 58, 69-71 (1989) (states are not “persons” subject
to suit under § 1983).
B. HIPAA
Without stating any facts to support his claim, Hyde asserts that all defendants violated the
Health Insurance Portability and Accountability Act of 1996 (HIPAA). HIPAA generally provides
for confidentiality of medical records. 42 U.S.C. §§ 1320d-1 to d-7. There is no private cause of
action under HIPAA; therefore, the Court lacks subject matter jurisdiction over this claim. Acara
v. Banks, 470 F.3d 569, 572 (5th Cir. 2006).
C. Washington County Sheriff’s Department
The Washington County Sheriff’s Department is not a legal entity capable of being sued. See
Guidry v. Jefferson County Detention Center, 868 F. Supp. 189, 191 (E.D. Tex. 1994) (holding
that Jefferson County Detention Center is not a legal entity subject to suit); Darby v. Pasadena

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Police Dep’t, 939 F.2d 311 (5th Cir. 1991) (holding that police and sheriff’s departments are
governmental subdivisions without capacity for independent legal action).
D. KWHI and Tom S. Whitehead, Inc.
Hyde sues KWHI and Whitehead for various constitutional violations, but alleges no facts
establishing that KWHI and Whitehead are state actors for purposes of Section 1983. “To state a
cause of action under section 1983 the appellant must allege that the person who deprived him of
a federal right was acting under color of law.” Priester v. Lowndes Cnty., 354 F.3d 414, 420
(5th Cir. 2004). Thus, for the private citizens to be liable under Section 1983, Hyde would have to
show a conspiracy between those defendants and state actors by alleging specific facts
demonstrating “(1) an agreement between the private and public defendants to commit an illegal
act and (2) a deprivation of constitutional rights.” Id. Hyde alleges that KWHI published his
mugshot at the immediate direction of the sheriff and on approval by the State of Texas. His
conclusory allegations are insufficient to establish that KWHI and Whitehead are state actors.
Even if KWHI and Whitehead were state actors, Hyde’s claims against them are time-barred.
There is no federal statute of limitations for Section 1983 actions. Piotrowski v. City of Houston,
51 F.3d 512, 514 n.5 (5th Cir. 1995); Henson-El v. Rogers, 923 F.2d 51, 52 (5th Cir. 1991).
Therefore, the Supreme Court has directed federal courts to borrow the forum state’s general
personal injury limitations period. Owens v. Okure, 488 U.S. 235, 249-50 (1989). In Texas, the
applicable limitations period is two years. Moore v. McDonald, 30 F.3d 616, 620 (5th Cir. 1994)
(citing Tex. Civ. Prac. & Rem. Code § 16.003(a)). Federal law determines when a Section 1983
cause of action accrues. Gartrell v. Gaylor, 981 F.2d 254, 257 (5th Cir. 1993). A cause of action
under Section 1983 accrues when the aggrieved party knows, or has reason to know of, the injury
or damages which form the basis of the action. Piotrowski, 51 F.3d at 516. Hyde’s cause of action
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accrued when KWHI published his mugshot in May 2015. He executed his complaint on March 9,
2022, nearly seven years later, long after the limitations period expired. Thus, his claims KWHI
and Whitehead are time-barred.
E. Washington County and Sheriff Hanak
Finally, Hyde’s remaining claims against Washington County and Sheriff Hanak are either
time-barred or fail to state a claim on which relief can be granted. Hyde challenges his initial arrest
in May 2015, his subsequent arrest in May 2015, and his 2015 extradition to Alabama. Hyde also
appears to assert claims related to the 2016 extradition warrant and his state civil proceedings in
2021.
1. 2015 and 2016 Claims Are Time-Barred
First, Hyde’s claims regarding his first arrest in May 2015 are time-barred. He alleges that a
state judge granted him habeas corpus relief and ruled he was not a fugitive from justice that same
month. His limitations period regarding these claims expired two years later, in May 2017.
For the same reason, Hyde’s claims that he was falsely arrested and extradited to Alabama in
2015 are time-barred. Hyde complains of actions taken in 2015 and indicates the Alabama charges
were dismissed more than two years before he filed his civil rights complaint.
To the extent that Hyde challenges the 2016 extradition warrant demanding that he be brought
to Lincoln County, New Mexico, he complains of events that happened in 2016, more than two
years before he filed his complaint. Moreover, the Governor of New Mexico issued the warrant,
not the sheriff.
2. Failure to State a Claim
With respect to his civil case filed in state court, Hyde fails to state a claim on which relief can
be granted. Hyde contends that the trial court denied him the opportunity to hire counsel before
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his February 21, 2021 hearing. However, the sheriff is not responsible for the state trial court’s
rulings. In addition, a federal court does “not sit as a super state supreme court” or “act as an arm”
of the state appellate courts. Smith v. McCotter, 786 F.2d 697, 700 (5th Cir. 1986) (internal
quotation marks omitted).
Hyde also has not stated a violation of his federal constitutional rights regarding the denial of
medical records that he claims were needed to prove his tort claim in state court. Hyde alleges that
he submitted a public records request for his medical records, which was denied because he was
incarcerated when he filed the request.
Pursuant to section 552.028 of the Texas Government Code, a governmental body is not
required to accept or comply with a request for information from an individual who is imprisoned
or confined in a correctional facility. Hyde fails to explain how complying with state law violated
his federal constitutional rights or why he was unable to obtain the records through proper
discovery in his civil case in state court.
IV.

Recommendation

Based on the foregoing, the undersigned Magistrate Judge RECOMMENDS that Hyde’s
claims against the State of Texas and his claims asserting a right under HIPAA be DISMISSED
WITHOUT PREJUDICE for want of jurisdiction. It is further recommended that Hyde’s
remaining claims be DISMISSED WITH PREJUDICE for failure to state a claim on which relief
can be granted pursuant to 28 U.S.C. § 1915(e) or as time-barred.
It is further recommended that Hyde be warned that if he files more than three actions or
appeals while he is a prisoner which are dismissed as frivolous or malicious or for failure to state
a claim on which relief may be granted, he will be prohibited from bringing any other actions in
forma pauperis unless he is in imminent danger of serious physical injury. See 28 U.S.C. § 1915(g).
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If this Report and Recommendation is accepted, adopted, or approved, it is further
recommended that the Court direct the Clerk to e-mail a copy of its order and judgment to the
keeper of the three-strikes list.
V.

Objections

The parties may file objections to this Report and Recommendation. A party filing objections
must specifically identify those findings or recommendations to which objections are being made.
The District Court need not consider frivolous, conclusive, or general objections. See Battle v.
United States Parole Comm’n, 834 F.2d 419, 421 (5th Cir. 1987). A party’s failure to file written
objections to the proposed findings and recommendations contained within this Report within
fourteen (14) days after being served with a copy of the Report shall bar that party from de novo
review by the District Court of the proposed findings and recommendations and, except on grounds
of plain error, shall bar the party from appellate review of proposed factual findings and legal
conclusions accepted by the District Court to which no objections were filed. See 28 U.S.C.
§ 636(b)(1)(C); Thomas v. Arn, 474 U.S. 140, 150-53, 106 S. Ct. 466, 472-74 (1985); Douglass v.
United Servs. Auto. Ass’n, 79 F.3d 1415, 1428-29 (5th Cir. 1996) (en banc).
SIGNED on May 9, 2022.

SUSAN HIGHTOWER
UNITED STATES MAGISTRATE JUDGE

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