Marks v. City of Manvel et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
JOHN MARKS,
Plaintiff.
V.
CITY OF MANVEL, et al.,
Defendants.
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CIVIL ACTION NO. 3:24-cv-00243
ORDER
In 	this 	case, 	Freddie 	Douglas 	alleges 	that 	he 	was 	falsely 	accused 	of
aggravated sexual assault. He insists that if law enforcement officers had properly
investigated, they would have discovered that such allegations were objectively and
demonstrably false.
Douglas has served the Texas Department of Public Safety (“TDPS”) with a
subpoena, seeking to depose Texas Ranger Aaron Arizmendi and have him
produce six categories of documents. In his role as a Texas Ranger, 1 Arizmendi
reportedly 	participated 	in 	Douglas’s 	arrest 	and 	witnessed 	two 	relevant
conversations on the same day as the arrest. One conversation was between the
investigating officers from the Manvel Police Department and the Brazoria County
District Attorney. The other conversation included the Chief of the El Campo Police
Department and the arresting officers from the Manvel Police Department.
TDPS has objected “to providing the requested information based on state
sovereign 	immunity, 	which” 	it 	insists, 	“bars 	compliance 	with 	third-party
subpoenas.” Dkt. 69 at 14 (citing Russell v. Jones, 49 F.4th 507, 514–15, 518–19
(5th Cir. 2022)). In accordance with the Galveston Rules of Practice, Douglas has
1 The Texas Rangers are one of the most famous law enforcement agencies in North
America. Organized in 1835, they have been “eulogized as the white knights of the
American Southwest.” Steadman v. Tex. Rangers, 179 F.3d 360, 363 (5th Cir. 1999). The
Texas Rangers became part of the TDPS in 1935. See id.
United States District Court
Southern District of Texas
ENTERED
December 01, 2025
Nathan Ochsner, Clerk
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submitted a discovery dispute letter. See Dkt. 69. TDPS has filed a motion to quash.
See Dkt. 73. I heard oral argument addressing this discovery issue. At oral
argument, Douglas abandoned his request to have Arizmendi produce documents.
He now seeks to depose Arizmendi only about what he saw and heard in connection
with the two conversations discussed above.
In Russell, the Fifth Circuit held that state sovereign immunity applied to
bar third-party subpoenas served on 17 Texas felony judges in their official
capacities in federal court litigation. See 49 F.4th at 514–15. Douglas argues that
Russell does not prohibit Arizmendi, as a state employee, from being compelled to
answer a third-party subpoena and appear for a deposition. In an opinion issued
earlier this year, however, the Fifth Circuit squarely rejected Douglas’s position:
As an agency of Texas, TDPS receives immunity from suit. We
have recognized that “compelled compliance with a subpoena duces
tecum violates” sovereign immunity. Russell, 49 F.4th at 515 (quoting
Alden v. Maine, 527 U.S. 706, 715 (1999)). And even though TDPS is
a third party to this litigation, it still receives protection against
compelled 	compliance; 	“[w]here 	sovereign 	immunity 	applies, 	it
applies totally.” Id. at 514. Furthermore, “sovereign immunity is an
immunity from suit (including discovery), not just liability.” Id.
(emphasis in original) (citing Mitchell v. Forsyth, 472 U.S. 511, 526
(1985)). A state and its agencies cannot be compelled to participate in
discovery, even as third parties. Otherwise, the sovereign’s “interests”
in its “dignity and authority over its prerogatives” would be treated as
“less interesting” when it “is served with a subpoena duces tecum
instead of a complaint”—that cannot be the case. Russell, 49 F.4th at
515.
Thompson v. Richter, No. 24-10837, 2025 WL 1233519, at *2 (5th Cir. Apr. 29,
2025) (cleaned up). 2
2 In seeking to minimize Russell’s importance, Douglas relies on a recent opinion from
the Western District of Texas. See Drs. Hosp. of Laredo v. Cigarroa, No. SA-21-CV-
01068, 	2023 	WL 	11987993 	(W.D. 	Tex. 	May 	19, 	2023). 	Cigarroa 	is 	inapposite.
In Cigarroa, Judge Xavier Rodriguez held that sovereign immunity did not prevent the
depositions of two non-party doctors who worked for the University of Texas because the
doctors were not “acting as state officials.” Id. at *1 (cleaned up). By contrast, Arizmendi
was unquestionably acting as a state official in his capacity as a Texas Ranger.
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I understand Douglas’s frustration. Douglas believes it is important for him
to depose Arizmendi as part of the underlying civil case. But regardless of the
importance of Arizmendi’s testimony, my hands are tied. Fifth Circuit precedent is
clear.3 	At 	oral 	argument, 	Douglas’s 	counsel 	conceded 	that 	the 	sole 	reason
Arizmendi observed the two conversations at issue is because he had been asked
as a Texas Ranger to participate in Douglas’s arrest. Because Arizmendi was acting
in his official capacity as a Texas Ranger when he witnessed the two conversations
at issue, sovereign immunity prevents me from forcing a state official like
Arizmendi to appear for a deposition. Accordingly, I grant the motion to quash.
SIGNED this 	day of December 2025.
______________________________
ANDREW M. EDISON
UNITED STATES MAGISTRATE JUDGE
3 In a response brief, Douglas cites more than 15 district court and circuit court opinions
from across the country disagreeing with Russell’s holding that a state and its agencies
cannot be compelled to participate in discovery as third parties. See Dkt. 76 at 5–11. Those
cases are interesting to read, but I am required to follow binding Fifth Circuit precedent
until the Fifth Circuit or the Supreme Court overturns it. Russell is directly on point.
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