3:25-cv-00806•Burgess v. City of Dallas et al
Gesamter Gesetzestext
1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION JIBRI HASHIM BURGESS § Plaintiff, § § v. § No. 3:25-CV-0806-D-BW § CITY OF DALLAS, et al., § Defendants. § FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Pursuant to 28 U.S.C. § 636(b) and Special Order 3-251, this pro se civil action was referred to the United States magistrate judge for case management, including the entry of findings and a recommended disposition where appropriate. As detailed below, the undersigned magistrate judge recommends that all federal claims be DISMISSED WITH PREJUDICE because the complaint fails to state a claim upon which relief may be granted. Any remaining state-law claims should be DISMISSED WITHOUT PREJUDICE under 28 U.S.C. § 1367(c)(3). I. BACKGROUND Plaintiff Jibri Hashim Burgess filed this civil rights action under 42 U.S.C. § 1983 in April 2025, “alleging violations of my Fourth Amendment rights, emotional distress, and other civil rights violations stemming from the actions of the Dallas Police Department on June 26th, 2024.” (Dkt. No. 11 at 4.)1 Burgess asserts 1 Plaintiff filed an amended complaint (Dkt. No. 11), which is the operative pleading. Case 3:25-cv-00806-D-BW Document 31 Filed 03/02/26 Page 1 of 16 PageID <pageID>
2 his claims against the City of Dallas, the Dallas Police Department, and individual officers Casey Tharp, Michelle Buckland, and Sergeant Swindell, Jr. Service of process has been withheld pending completion of judicial screening. (See Dkt. No. 7.) Burgess alleges that on June 26, 2024, officers of the Dallas Police Department responded to his residence following a report made by the building owner. (Dkt. No. 11 at 5.) According to Burgess, officers entered his premises without a warrant, probable cause, or consent, and seized two firearms—a Glock handgun and an AR pistol—despite the absence of any criminal charges against him. (See id. at 6, 31.) He further alleges that officers called for reinforcements, established a perimeter, and deployed drones during the encounter. Burgess contends that officers identified him as a suspect through deceptive means, which led to the discovery of an outstanding arrest warrant and his subsequent detention. (Id. at 4, 9-10, 26-27.) Burgess also alleges that while he was receiving medical treatment at Baylor Scott & White Health following the incident, officers entered his hospital room without authorization, viewed personal health information displayed on a medical screen, discussed his condition with nursing staff, and directed that a request for medical care be denied. (See id. at 5, 13, 17.) Based on these events, Burgess asserts multiple claims under 42 U.S.C. § 1983 and federal law, including unlawful search and seizure in violation of the Fourth Amendment; excessive force and due process violations under the Fourth and Fourteenth Amendments; abuse of authority; violation of the Health Insurance Case 3:25-cv-00806-D-BW Document 31 Filed 03/02/26 Page 2 of 16 PageID <pageID>
3 Portability and Accountability Act (HIPAA); racial discrimination in violation of the Equal Protection Clause of the Fourteenth Amendment; false arrest and illegal identification; police negligence; defamation of character; and intentional infliction of emotional distress. (See id. at 4-6.) He seeks $4,577,600 in total damages, the return of his seized firearms, and an independent investigation into the conduct of the officers involved. II. LEGAL STANDARD AND ANALYSIS Because Burgess proceeds in forma pauperis, the complaint is subject to screening under 28 U.S.C. § 1915(e)(2)(B). Under this provision, the Court must dismiss the complaint if it is frivolous, malicious, or fails to state a claim upon which relief may be granted. See 28 U.S.C. § 1915(e)(2)(B)(ii). A complaint is frivolous when it “lacks an arguable basis either in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989). A court may dismiss a complaint as frivolous when it is based on an indisputable meritless legal theory or when the factual contentions are “clearly ‘baseless.’” Denton v. Hernandez, 504 U.S. 25, 32 (1992). A complaint fails to state a claim upon which relief can be granted if it does not plead “enough facts to state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citations omitted). Case 3:25-cv-00806-D-BW Document 31 Filed 03/02/26 Page 3 of 16 PageID <pageID>
4 Although pro se pleadings are liberally construed, a plaintiff must still allege sufficient facts to state a plausible claim for relief. See Erickson v. Pardus, 551 U.S. 89, 94 (2007) (pro se pleadings are “to be liberally construed,” and “a pro se complaint, however inartfully pleaded, must be held to less stringent standards than formal pleadings drafted by lawyers.”); Cf. Fed. R. Civ. P. 8(e) (“Pleadings must be construed so as to do justice”). But conclusory allegations, unwarranted deductions of fact, and legal conclusions masquerading as facts are insufficient. Iqbal, 556 U.S. at 678. A. Plaintiff’s § 1983 claims against the City of Dallas fail because the amended complaint does not allege a constitutionally deficient municipal policy or custom. At the threshold, Burgess’s claims against the City of Dallas fail. A municipality may be held liable under § 1983 only when “the action that is alleged to be unconstitutional implements or executes a policy statement, ordinance, regulation, or decision officially adopted and promulgated by that body’s officers,” or when the deprivation is visited pursuant to “governmental ‘custom’ even though such a custom has not received formal approval through the body's official decision making channels.” Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 690-91 (1978). Critically, a municipality cannot be held vicariously liable under § 1983 simply because it employs an alleged tortfeasor. Id. at 691; see also Iqbal, 556 U.S. at 663 (“[b]ecause vicarious liability is inapplicable to . . . § 1983 suits, a plaintiff must plead that each Government-official defendant, through the official’s own individual actions, has violated the Constitution.”). To state a viable Monell claim, a plaintiff Case 3:25-cv-00806-D-BW Document 31 Filed 03/02/26 Page 4 of 16 PageID <pageID>
5 must identify a policymaker, an official policy or custom, and “a direct causal link” between that policy or custom and the alleged constitutional deprivation. Piotrowski v. City of Houston, 237 F.3d 567, 578 (5th Cir. 2001). Proof of a single incident ordinarily is insufficient to impose municipal liability absent involvement of a final policy maker. See Valle v. City of Houston, 613 F.3d 536, 549 (5th Cir. 2010) (“The ‘single incident exception’ is extremely narrow; ‘a plaintiff must prove that the highly predictable consequence of a failure to train would result in the specific injury suffered, and that the failure to train represented the moving force behind the constitutional violation.’” (citations omitted)). Here, Burgess identifies no such policy, custom, or practice. The amended complaint challenges only the conduct of individual officers during a single incident and does not allege any pattern of similar conduct, any failure-to-train claim supported by factual allegations, or any decision by an authorized policymaker that proximately caused the alleged harm. Because respondeat superior liability does not exist under § 1983, Burgess fails to state a claim against the City of Dallas. B. Plaintiff fails to state a plausible Fourth Amendment claim for unlawful search or seizure. Even apart from the deficiencies in the claims against the City of Dallas, Burgess’s Fourth Amendment allegations do not state a cognizable basis for relief against any defendant. Burgess alleges, in largely conclusory terms, that officers entered his premises and seized his firearms without a warrant, probable cause, or Case 3:25-cv-00806-D-BW Document 31 Filed 03/02/26 Page 5 of 16 PageID <pageID>
6 consent. (See Dkt. No. 11 at 4.) These conclusory allegations, without supporting factual detail, are insufficient to state a plausible Fourth Amendment violation. The Fourth Amendment protects individuals against unreasonable searches and seizures, and this protection is at its apex within the home. Payton v. New York, 445 U.S. 573, 585 (1980); Florida v. Jardines, 569 U.S. 1, 6 (2013). Warrantless entry into a home is presumptively unreasonable unless justified by consent or exigent circumstances. See Brigham City v. Stuart, 547 U.S. 398, 403 (2006). Likewise, the reasonableness of any seizure depends on the totality of the circumstances confronting officers at the time of the intrusion. See Graham v. Connor, 490 U.S. 386, 395 (1989) (reasonableness must be judged from the perspective of a reasonable officer on the scene and in light of the facts and circumstances confronting them). To state a Fourth Amendment claim under § 1983, a plaintiff must plead facts permitting the court to infer that the officers’ conduct was objectively unreasonable in light of those circumstances. See Club Retro, L.L.C. v. Hilton, 568 F.3d 181, 204-05 (5th Cir. 2009). Moreover, the bare assertion that officers acted “without probable cause” or “unlawfully” is a legal conclusion, not a factual allegation, and contributes nothing to the plausibility of the claim. See Iqbal, 556 U.S. at 678-79. Here, the amended complaint provides no factual context regarding what precipitated the officers’ presence at Burgess’s residence, the nature of any report or emergency that prompted their response, the circumstances they encountered upon arrival, or any facts plausibly negating consent or exigency. Nor does the complaint describe the manner of entry, the duration of the search, or the circumstances under Case 3:25-cv-00806-D-BW Document 31 Filed 03/02/26 Page 6 of 16 PageID <pageID>
7 which the firearms were seized. Without such factual details, the Court cannot assess whether the officers’ actions were objectively unreasonable under the Fourth Amendment. C. Plaintiff does not state a plausible claim for excessive force or due process violations. In addition to his allegations of unlawful search and seizure, Burgess contends that officers used excessive force and violated his due process rights during the incident. These allegations likewise fail to establish an underlying constitutional violation. Burgess alleges that officers responding to the incident deployed drones, established a perimeter around his residence, pointed firearms at him, and later handcuffed him while he was hospitalized. (Dkt. No. 11 at 5, 13, 17.) He also contends that officers relied on inaccurate information, failed to investigate adequately, and improperly identified him as a suspect. (See id. at 20-22.) Even accepting these allegations as true, they do not plausibly show that officers used excessive force or otherwise violated Burgess’s constitutional rights. Claims of excessive force arising in the context of an investigatory stop or arrest are governed exclusively by the Fourth Amendment’s “‘objective reasonableness’ standard.” Graham, 490 U.S. at 395. Whether force is excessive depends on the facts and circumstances of each particular case, including “the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight.” Id. at 396. Case 3:25-cv-00806-D-BW Document 31 Filed 03/02/26 Page 7 of 16 PageID <pageID>
8 Here, the complaint contains no factual allegations describing the circumstances that prompted these tactics—no account of what the officers knew, what threat assessment they were operating under, whether any resistance occurred, or why any particular use of restraint was disproportionate under the circumstances. Courts do not assess excessive force claims in a factual vacuum. Absent factual allegations showing that the force used was objectively unreasonable in light of the circumstances, the claim fails. See Tarver v. City of Edna, 410 F.3d 745, 751-52 (5th Cir. 2005). Burgess’s allegations regarding misidentification, reliance on allegedly false information, or failure to investigate likewise do not state a constitutional violation. At most, such allegations describe negligent or mistaken conduct, which is not actionable under § 1983. See Daniels v. Williams, 474 U.S. 327, 329 (1986) (the Due Process Clause is not implicated by negligent acts of government officials). Police officers are not constitutionally required to conduct a perfect investigation, nor does mistaken identity alone establish a constitutional violation. See Baker v. McCollan, 443 U.S. 137, 145-46 (1979). The amended complaint contains no factual allegations plausibly suggesting that officers knowingly relied on false information or acted unreasonably under the circumstances. To the extent Burgess asserts a substantive due process claim under the Fourteenth Amendment arising from the use of force or the circumstances of his detention, that claim also fails as a matter of law. Where a particular constitutional amendment “‘provides an explicit textual source of constitutional protection against Case 3:25-cv-00806-D-BW Document 31 Filed 03/02/26 Page 8 of 16 PageID <pageID>
9 a particular sort of government behavior, that Amendment, not the more generalized notion of substantive due process, must be the guide for analyzing these claims.’” County of Sacramento v. Lewis, 523 U.S. 833, 843 (1998) (quoting Graham, 490 U.S. at 395). Because Burgess’s allegations concerning force, restraint, and detention fall squarely within the Fourth Amendment, any parallel substantive due process claim must be dismissed. Accordingly, Burgess fails to state a plausible constitutional claim arising from the officers’ use of force, investigative conduct, or detention. D. Plaintiff’s Equal Protection claim is conclusory and fails to allege facts supporting racial animus. Burgess’s amended complaint states that officers assumed he was a criminal based on his race and acted with racial bias. (Dkt. No. 11 at 4-5.) The Equal Protection Clause prohibits intentional discrimination on the basis of race. Village of Arlington Heights v. Metro. Hous. Dev. Corp., 429 U.S. 252, 265 (1977). To state an equal protection claim, a plaintiff must allege facts demonstrating both that he was treated differently from similarly situated individuals and that the differential treatment was the product of purposeful discrimination. McCleskey v. Kemp, 481 U.S. 279, 292 (1987). Burgess identifies no similarly situated individuals treated differently, no statements by officers evidencing racial animus, no statistical pattern or practice, and no other factual matter from which discriminatory animus can be plausibly inferred. The bare allegation that officers were racially motivated does not cross the threshold Case 3:25-cv-00806-D-BW Document 31 Filed 03/02/26 Page 9 of 16 PageID <pageID>
10 from possible to plausible. Iqbal, 556 U.S. at 678. Accordingly, the equal protection claim must be dismissed. E. Plaintiff’s false arrest, misidentification, and negligence allegations do not state a constitutional violation. A claim for false arrest under § 1983 requires a showing that the arrest was made without probable cause. Brown v. Lyford, 243 F.3d 185, 189 (5th Cir. 2001). Probable cause exists when the facts and circumstances within the officers’ knowledge would warrant a reasonable belief that the suspect had committed or was committing an offense. Id. at 190. Burgess’s amended complaint does not plead facts establishing the absence of probable cause. It does not describe the circumstances of the arrest, whether an outstanding warrant existed, what information officers possessed at the time, or any other fact permitting the court to assess whether the arrest was constitutionally infirm. Conclusory assertions that an arrest was “illegal” or unsupported by probable cause are insufficient to state a claim. See Iqbal, 556 U.S. at 678. Notably, Burgess himself acknowledges that officers discovered an outstanding arrest warrant during the encounter. (Dkt. No. 11 at 26.) The existence of a valid warrant constitutes a complete defense to a false arrest claim arising from that detention. See Baker v. McCollan, 443 U.S. 137, 143-44 (1979). Additionally, Burgess’s allegations regarding misidentification, reliance on inaccurate information, or negligent investigation likewise do not give rise to a constitutional violation. Section 1983 does not provide a remedy for negligent Case 3:25-cv-00806-D-BW Document 31 Filed 03/02/26 Page 10 of 16 PageID <pageID>
11 conduct by government officials. Daniels, 474 U.S. at 336. Moreover, negligence— even gross negligence—does not rise to the level of a constitutional violation. Lewis, 523 U.S. at 849. Section 1983 requires conduct that is at minimum deliberately indifferent or objectively unreasonable in the constitutional sense. Thus, negligent investigation, without more, does not satisfy that standard. Id. These claims must therefore be dismissed. F. Plaintiff’s HIPPA claim fails because the statute does not create a private right of action Burgess alleges that his medical information was improperly accessed or disclosed in violation of the Health Insurance Portability and Accountability Act (“HIPAA”). HIPAA, however, does not create a private right of action for damages. Enforcement authority is vested exclusively in the Secretary of the Department of Health and Human Services. See Acara v. Banks, 470 F.3d 569, 571-72 (5th Cir. 2006) (holding that HIPAA “has no express provision creating a private cause of action,” and that Congress vested enforcement authority exclusively in the federal government). Because private individuals may not sue for alleged HIPAA violations, Burgess cannot obtain relief under the statute as a matter of law. Accordingly, this claim fails to state a claim upon which relief can be granted and should be dismissed with prejudice. Case 3:25-cv-00806-D-BW Document 31 Filed 03/02/26 Page 11 of 16 PageID <pageID>
12 G. Plaintiff fails to state a claim based on alleged denial of medical care Burgess further alleges that he was denied “critical medical care.” (Dkt. No. 11 at 5.) The amended complaint does not identify which defendant allegedly denied care, the nature of the medical condition at issue, what treatment was requested or refused, or how any particular defendant was personally involved in the alleged deprivation. To state a constitutional claim based on denial of medical care, a plaintiff must allege facts showing that a specific defendant acted with deliberate indifference to a serious medical need. Estelle v. Gamble, 429 U.S. 97, 107 (1976). Importantly, mere dissatisfaction with medical treatment, disagreement with medical judgment, or conclusory allegations of inadequate care do not suffice. Rogers v. Jarrett, 63 F.4th 971, 977 (5th Cir. 2023) (explaining that negligent care or disagreement with medical judgment does not establish deliberate indifference). Here, the complaint contains no factual allegations from which the Court can infer that any defendant knowingly disregarded a substantial risk to Burgess’s health or safety. Nor does it clarify whether the alleged conduct is attributable to law enforcement officers, medical personnel, or some other entity. The Court is not required to speculate or construct a claim on Burgess’s behalf. Because the amended complaint provides only a vague and conclusory assertion unsupported by factual detail, Burgess fails to state a plausible constitutional claim based on denial of medical care. Case 3:25-cv-00806-D-BW Document 31 Filed 03/02/26 Page 12 of 16 PageID <pageID>
13 H. Plaintiff’s remaining claims do not state cognizable federal violations Burgess’s defamation and intentional infliction of emotional distress claims do not state cognizable federal constitutional violations. Injury to reputation alone does not constitute a deprivation of liberty or property within the meaning of the Due Process Clause. Paul v. Davis, 424 U.S. 693, 712 (1976). To state a § 1983 claim for reputational harm, a plaintiff must satisfy the “stigma” standard by alleging not only that the government made a false and stigmatizing statement, but also that it was accompanied by a tangible alteration of a legal status. Id. at 706-09; Blackburn v. City of Marshall, 42 F.3d 925, 935-36 (5th Cir. 1995). Here, Burgess pleads no such accompanying legal status change beyond the events already addressed under his other claims. Likewise, the intentional infliction of emotional distress and defamation claims arise in state tort law, not federal constitutional law, and do not independently give rise to § 1983 liability. See Geter v. Fortenberry, 849 F.2d 1550, 1556 (5th Cir. 1988); Brown v. Carlton, No. 3:07-CV-1367- P, 2008 WL 11425361, at *3 (N.D. Tex. Mar. 3, 2008). Burgess also seeks the return of firearms allegedly seized during the incident pursuant to Article 18.19 of the Texas Code of Criminal Procedure. (See Dkt. No. 11 at 6.) That statute establishes procedures under Texas law for the disposition of seized weapons and provides a mechanism for requesting their return through the state courts. See Tex. Code Crim. Proc. art. 18.19. Burgess does not identify any federal basis for the request apart from the alleged unlawful seizure already Case 3:25-cv-00806-D-BW Document 31 Filed 03/02/26 Page 13 of 16 PageID <pageID>
14 addressed above. To the extent Burgess seeks relief under Article 18.19, his claim arises solely under state law. Lastly, Burgess’s “color of law” claim is not an independent cause of action. Burgess repeatedly asserts violations of the “Color of Law doctrine” as if it were a standalone cause of action. (See Dkt. No. 11 at 19.) It is not. The color-of-law element is a required predicate for any § 1983 claim. It does not independently support relief. See West v. Atkins, 487 U.S. 42, 48 (1988). Accordingly, this claim is duplicative of Burgess’s other § 1983 allegations and states no additional basis for relief. Given that no federal claims remain, the Court should decline to exercise supplemental jurisdiction and dismiss Burgess’s remaining state-law claims without prejudice so that he may pursue available remedies in state court. See 28 U.S.C. § 1367(c)(3); see also Parker & Parsley Petroleum Co. v. Dresser Indus., 972 F.2d 580, 585 (5th Cir. 1992) (citations omitted) (“[I]n the usual case in which all federal-law claims are eliminated before trial, the balance of factors . . . will point toward declining to exercise jurisdiction over the remaining state-law claims.”); Enochs v. Lampasas Cnty., 641 F.3d 155, 161 (5th Cir. 2011) (recognizing that supplemental jurisdiction “is a doctrine of flexibility” and that dismissal of all federal claims generally “weigh in favor” of remand). III. LEAVE TO AMEND Although courts generally allow pro se plaintiffs an opportunity to amend before dismissal, leave may be denied where a plaintiff has already pled his “best Case 3:25-cv-00806-D-BW Document 31 Filed 03/02/26 Page 14 of 16 PageID <pageID>
15 case.” Brewster v. Dretke, 587 F.3d 764, 767-68 (5th Cir. 2009). As demonstrated above, based on the legal theories Burgess posits, his claims lack an arguable basis in law or cannot, as a matter of law, state a plausible legal claim. Here, Burgess has already filed an amended complaint that substantially expands upon his initial filing. The deficiencies identified above are not mere pleading technicalities—they reflect fundamental substantive failures, including the absence of a viable Monell theory, the non-cognizable HIPAA claim as a private right of action, and the absence of any factual support for discriminatory intent. Thus, the Court concludes that Burgess has already pleaded his best case and granting further leave to amend would be futile and cause needless delay. IV. RECOMMENDATION Under 28 U.S.C. § 1915(e)(2)(B)(ii), the District Judge should DISMISS WITH PREJUDICE Burgess’s federal claims for failure to state a claim upon which relief may be granted. The District Judge should further decline to exercise supplemental jurisdiction over any state-law claims and DISMISS those claims WITHOUT PREJUDICE. SO RECOMMENDED on March 2, 2026. ______________________________________ BRIAN McKAY UNITED STATES MAGISTRATE JUDGE Case 3:25-cv-00806-D-BW Document 31 Filed 03/02/26 Page 15 of 16 PageID <pageID>
16 INSTRUCTIONS FOR SERVICE AND NOTICE OF RIGHT TO APPEAL/OBJECT A copy of this report and recommendation will be served on all parties in the manner provided by law. Any party who objects to any part of this report and recommendation must file specific written objections within 14 days after being served with a copy. See 28 U.S.C. § 636(b)(1); FED . R. C IV. P. 72(b). An objection must identify the finding or recommendation to which objection is made, the basis for the objection, and the place in the magistrate judge’s report and recommendation the disputed determination is found. An objection that merely incorporates by reference or refers to the briefing before the magistrate judge is not specific. Failure to file specific written objections will bar the aggrieved party from appealing the factual findings and legal conclusions of the magistrate judge that are accepted or adopted by the district court, except upon grounds of plain error. See Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1417 (5th Cir. 1996), modified by statute on other grounds, 28 U.S.C. § 636(b)(1) (extending the time to object to 14 days). Case 3:25-cv-00806-D-BW Document 31 Filed 03/02/26 Page 16 of 16 PageID <pageID>
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