Myart v. Taylor et al

Filing 47

ORDER Consolidating Actions. Signed by Judge David A. Ezra. (aej)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION
JAMES W. MYART, JR.,

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Plaintiff,
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vs.
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IVY TAYLOR, in her official capacity §
as Mayor of the City of San Antonio,
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SHERYL SCULLEY, individually and §
in her official capacity as City
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Manager of the City of San Antonio,
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WILLIAM McMANUS, individually §
and in his official capacity as Chief of §
Police, MARTHA ZEPEDA,
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individually and in her official
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capacity as city attorney, OFFICERS
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RYAN McFARLAND, ADAM
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STALKER, MICHAEL BAGGETT,
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GILBERT GONZALEZ, ASHLEA
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BRUSTER, and GEORGE
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MORALES, individually and in their
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official capacity, and THE CITY OF
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SAN ANTONIO,
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Defendants.
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No. 5:16–CV–455–DAE

JAMES W. MYART, JR.,

No. 5:16–CV–736–DAE

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Plaintiff,
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vs.
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IVY TAYLOR, individually and in her §
official capacity as Mayor of the City §
of San Antonio, SHERYL SCULLEY, §

individually and in her official
capacity as City Manager of the City
of San Antonio, ERIC WALSH,
individually and in his official
capacity as Deputy City Manager,
WILLIAM McMANUS, individually
and in his official capacity as Chief of
Police, TROY ELLIOTT, individually
and in his official capacity as Finance
Director, OFFICERS CHARLES
McCATHERY and ART GARCIA
individually and in their official
capacity, NIX HOSPITAL,
PROSPECT MEDICAL HOLDING
GROUP, and P. QUARDINIO,
Defendants.

JAMES W. MYART, JR.,

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Plaintiff,
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vs.
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IVY TAYLOR, individually and in her §
official capacity as Mayor of the City §
of San Antonio, SHERYL SCULLEY, §
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individually and in her official
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capacity as City Manager of the City
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of San Antonio, WILLIAM
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McMANUS, individually and in his
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official capacity as Chief of Police,
DEBRA OJO, individually and in her §
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official capacity as Assistant Finance
Director, OFFICERS R. MOYNIHAN §
and M. MELTON, individually and in §
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their official capacities, ARMANDO
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GONZALEZ, individually and in his
official capacity, and PAUL TOVAR, §

No. 5:16–CV–819–DAE

individually and in his official
capacity,

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Defendants.

JAMES W. MYART, JR.

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Plaintiff,
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vs.
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IVY TAYLOR, individually and in her §
official capacity as Mayor of the City §
of San Antonio, SHERYL SCULLEY, §
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individually and in her official
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capacity as City Manager of the City
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of San Antonio, WILLIAM
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McMANUS, individually and in his
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official capacity as Chief of Police,
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and OFFICERS JOHN DOE 1–6,
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individually and in their official
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capacity,
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Defendants.

No. 5:16–CV–824–DAE

ORDER CONSOLIDATING ACTIONS
On May 18, 2016, Plaintiff James W. Myart, Jr. filed suit against
various Defendants affiliated with the City of San Antonio, alleging that he was
subject to three separate instances of police brutality between February 1, 2015,
and April 26, 2016. (“Suit 1,” 5:16–cv–455, Dkt. # 17.) Plaintiff claims he was
beaten by police officers and refused medical care in the San Antonio Office of the

Magistrate subsequent to his arrest on February 1, 2015 for two outstanding traffic
violations. (Id. ¶ 28.) Second, Plaintiff alleges he had an incident with Officer
George Morales while Plaintiff was jaywalking across a freeway on March 25,
2016 – specifically, that Officer Morales was speeding and hit Myart. 1 (Id. ¶ 29.)
Mr. Myart alleges that another, unnamed officer, wrote a “slanted report” of the
incident to protect Morales. (Id. ¶ 30.) Finally, Plaintiff alleges that on April 26,
2016, he was beaten by seven detention guards in the San Antonio Office of the
Magistrate Detention Center. (Id. ¶¶ 31–37.) Mr. Myart alleges that he suffered
severe injuries as a result, in part because the incident caused the stitches from his
March 25 incident with Officer Morales to be ripped out. (Id. ¶ 36.)
On July 20, 2016, Mr. Myart brought a second lawsuit against various
Defendants affiliated with the City of San Antonio, alleging he was subject to a
fourth incident involving police misconduct. (“Suit 2,” 5–16–cv–736, Dkt. # 10.)
Specifically, Mr. Myart alleges that he was falsely arrested on June 29, 2016, and
taken to the Nix Hospital for Emergency Detention, where he was subsequently
assaulted and beaten in his emergency room by an officer of Nix Hospital. (Id.
¶¶ 14–18.) Plaintiff believes the incident was an act of retaliation for Mr. Myart’s
first lawsuit against various city officials. (Id. ¶ 20.)

1

On August 20, 2016, Mr. Myart moved to voluntarily dismiss his claims against
Mr. Morales. (Dkt. # 40.) This motion will be addressed by separate order.

On August 17, 2016, Mr. Myart brought a third lawsuit against
various Defendants affiliated with the City of San Antonio. (“Suit 3,” 5:16–cv–
819, Dkt. # 3.) This suit alleges with greater specificity the events which occurred
at Nix Hospital; it also details the City of San Antonio’s rapid denial of the
complaint Mr. Myart filed with the City’s Risk Management Division. (Id. ¶¶ 24–
43.) The suit also alleges that the officials of the City of San Antonio are acting in
concert to deny Mr. Myart of his constitutional rights. (Id. ¶ 44.)
On August 19, 2016, Mr. Myart brought a fourth lawsuit against
various Defendants affiliated with the City of San Antonio, alleging he was subject
to a fifth incident of police misconduct. (“Suit 4,” 5:16–cv–824, Dkt. # 1-1.) Mr.
Myart alleges he was wrongfully knocked to the ground and handcuffed for being a
pedestrian in the roadway, was roughly arrested by six unknown police officers,
and was subject to public ridicule before being taken to the Office of the
Magistrate, which ultimately released him. (Id. ¶¶ 20–27.) Mr. Myart again
alleges that the Defendants are acting in concert to deny his state and federal rights,
in retaliation for his involvement in his original suit. (Id. ¶ 28.)
Each suit seeks to bring eight causes of action against the named
Defendants: (1) violation of civil rights pursuant to 42 U.S.C. § 1983 (Suit 1,
¶¶ 38–42; Suit 2 ¶¶ 24–28; Suit 3 ¶¶ 45–48; Suit 4 ¶¶ 29–33); (2) failure to
implement appropriate policies, customs, and practices, in violation of § 1983 (Suit

1 ¶¶ 43–54; Suit 2 ¶¶ 29–35; Suit 3 ¶¶ 49–59; Suit 4 ¶¶ 34–44); (3) use of
excessive force, in violation of § 1983 (Suit 1 ¶¶ 55–58; Suit 2 ¶¶ 36–39; Suit 3
¶¶ 60–63; Suit 4 ¶¶ 45–48); (4) negligence under the Texas Tort Claims act
(“TTCA”), Tex. Civ. Prac. & Rem. Code § 101.001 et seq. 2 (Suit 1 ¶¶ 59–61; Suit
2 ¶¶ 40–42; Suit 3 ¶¶ 64–66; Suit 4 ¶¶ 49–51); (5) negligent supervision under the
TTCA (Suit 1 ¶¶ 62–66; Suit 2 ¶¶ 43–47; Suit 3 ¶¶ 67–71; Suit 4 ¶¶ 52–56);
(6) conspiracy under the TTCA (Suit 1 ¶¶ 67–69; Suit 2 ¶¶ 48–50; Suit 3 ¶¶ 72–74;
Suit 4 ¶¶ 57–59); (7) common law assault (Suit 1 ¶¶ 70–74; Suit 2 ¶¶ 51–55; Suit 3
¶¶ 75–79; Suit 4 ¶¶ 60–64); and (8) official oppression, in violation of Texas Penal
Code §§ 38.01–39.06 (Suit 1 ¶¶ 75–76; Suit 2 ¶¶ 56–57; Suit 3 ¶¶ 80–81; Suit 4
¶¶ 65–66).
In each suit, Mr. Myart seeks compensatory damages between one
million and ten million dollars for past and future physical and mental pain and
suffering, loss of enjoyment of life, loss of personality, and medical and
psychological expenses. (Suit 1 at 12 ¶¶ 3–4; Suit 2 at 18 ¶¶ 1–6; Suit 3 at 27
¶¶ 1–12; Suit 4 at 18 ¶¶ 1–6.)
Additionally, as of August 17, 2016, Mr. Myart has begun filing
identical or nearly identical motions in each of these four suits. Specifically, he
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Plaintiff alleges claims four, five, and six fall under the “Texas Governmental
Tort Liability Act;” in the absence of such an Act, the Court construes his
pleadings as being under the TTCA, which determine when a governmental entity
such as the City of San Antonio, may be liable for tortious conduct under state law.

filed a motion for entry of a scheduling order, inclusive of court-supervised
mediation in two cases. (5:16–cv–455 Dkt. # 37; 5:16–cv–736 Dkt. # 5.) He filed
a motion for a Temporary Restraining Order in two cases, seeking to shut down the
Risk Management System of the City of San Antonio pending a full investigation.
(5:16–cv–455 Dkt. # 38; 5:16–cv–736 Dkt. # 8.) He filed a motion for courtordered mediation in three cases. (5:16–cv–455 Dkt. # 39; 5:16–cv–736 Dkt. # 9;
5:16–cv–819 Dkt. # 4.) Most recently, on August 30, 2016, Mr. Myart filed
identical emergency motions for sanctions, for an immediate hearing, and to
compel discovery in each of the four cases. (5:16–cv–455 Dkt. # 46; 5:16–cv–736
Dkt. # 17; 5:16–cv–819 Dkt. # 9; 5:16-cv–824 Dkt. # 4.)
ANALYSIS
Federal Rule of Civil Procedure 42(a) provides that if actions “involve
a common question of law or fact,” the court may “consolidate the actions” or
“issue any other order to avoid unnecessary cost or delay.” Fed. R. Civ. P. 42(a).
The decision to consolidate actions under Rule 42(a) is “entirely within the
discretion of the district court as it seeks to promote the administration of justice.”
Gentry v. Smith, 487 F.2d 571, 581 (5th Cir. 1973). Here, the Court finds that
each matter involves common questions of fact and common issues of law, and
should proceed as a single action. Each case involves allegations of wrongdoing

by the City of San Antonio and its employees, particularly the police, against a
single plaintiff: James W. Myart, Jr.
The Court therefore ORDERS that the cases be consolidated to avoid
unnecessary cost or delay and promote the administration of justice. The Court
designates 5:16–CV–455–DAE as the lead case. All pending motions will be
addressed by a separate order. Mr. Myart is DIRECTED to file a single,
consolidated, well-reasoned complaint in the lead case within thirty (30) days of
the date of this order. Should Mr. Myart file any extraneous complaints regarding
this matter in this Court, they shall be STRUCK from the record. Furthermore,
should Mr. Myart seek to bring any additional cases involving these specific legal
issues, he risks the imposition of sanctions.
After Mr. Myart has filed a single, consolidated complaint with this
Court, the Court will conduct a case management conference and impose a
scheduling order on the parties. All parties are directed to make any subsequent
filings in the lead case.
IT IS SO ORDERED.
DATED: San Antonio, Texas. September 2, 2016.