4:25-cv-06097•Cruz et al v. City of Rosenberg et al
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION Stephine Nelson Cruz and Hansel Rodriguez, Plaintiffs, v. City of Rosenberg, et al., Defendants. § § § § § § § § § § § § Civil Action No. 4:25-cv-06097 MEMORANDUM, RECOMMENDATION, AND ORDER This is a civil rights case. Plaintiffs Stephine Nelson Cruz and Hansel Rodriguez (collectively “Plaintiffs”) sued Officers Christopher Delgado, J.D. Delgado, L. Andrade, and Saul Hernandez (collectively “Officers”) and the City of Rosenberg. Dkt. 1. They also applied to proceed in forma pauperis (“IFP”). Dk. 2. After carefully reviewing the application, the pleadings, and the applicable law, it is ordered that Plaintiffs’ IFP applications are granted, but it is recommended that their claims be dismissed under 28 U.S.C. § 1915(e)(2)(B). Background The following facts are taken as true at this stage. On June 7, 2022, Cruz was driving in Fort Bend County, Texas when she was stopped by United States District Court Southern District of Texas ENTERED March 20, 2026 Nathan Ochsner, Clerk Case 4:25-cv-06097 Document 7 Filed 03/20/26 in TXSD Page 1 of 19
2 unnamed Rosenberg Police Department officers. Dkt. 1 at 2. Shortly after Cruz pulled over, other police units arrived. Id. Despite Cruz’s cooperation and peaceful conduct, the four named Officers approached Cruz’s vehicle with their firearms drawn, announced that she was under arrest, and issued verbal commands. Id. at 2-3. The Officers’ actions caused Cruz to experience a mental health crisis at the scene. Id. at 3. She alleges that “[t]his psychological harm was overt and apparent ….” Id. Cruz faults the Officers for failing to de-escalate the situation and provide medical or psychological intervention. Id. The Officers arrested Cruz, detained her, and impounded her vehicle. Id. Cruz claims that her arrest directly caused her to suffer severe psychological harm. Id. She was later diagnosed with post-traumatic stress disorder (“PTSD”), major depressive disorder, and generalized anxiety disorder. Dkt. 1-3 at 11 (July 23, 2025 clinical letter); see also Dkt. 1 at 3. Due to her psychological trauma, Cruz maintains that her “memory of the events surrounding her arrest and subsequent proceedings is significantly impaired ….” Dkt. 1 at 4. Rodriguez provided emotional and financial support to Cruz in the aftermath of the arrest. See id. at 8. This included relocating with her, assuming financial responsibility for Cruz and her minor daughter, and driving Cruz to her daily activities. See id. Case 4:25-cv-06097 Document 7 Filed 03/20/26 in TXSD Page 2 of 19
3 Beginning in 2025, Plaintiffs made several attempts to obtain records relating to Cruz’s arrest and the ensuing court proceedings. See id. at 4-5; Dkt. 1-3 at 21-35 (records requests and communications). When these attempts proved unsuccessful, they lodged a complaint with the Texas Office of the Attorney General, which issued a ruling on July 25, 2025. See Dkt. 1-3 at 36- 44; see also Dkt. 1 at 6. Months later, on December 17, 2025, Plaintiffs filed this suit against the Officers and the City of Rosenberg. Dkt. 1 (complaint). Cruz brings: (1) a Texas Public Information Act (“TPIA”) claim, (2) unreasonable search and seizure, excessive force, and due process claims under 42 U.S.C. § 1983, (3) disability discrimination claims under Title II of the ADA, 42 U.S.C. § 12132, and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and (4) negligence claims under Texas common law. See id. at 11-12. Rodriguez—whose relationship with Cruz is not disclosed—sues Defendants for “derivative emotional distress and financial harm” under Texas common law. Id. at 12-13. Together, Plaintiffs maintain that the Officers’ use of unreasonable and excessive force, deliberate indifference towards and “failure to accommodate” Cruz’s psychological distress, “and the infliction of additional psychological torment by threatening jail … form the basis of” their claims. See id. at 4. Case 4:25-cv-06097 Document 7 Filed 03/20/26 in TXSD Page 3 of 19
4 Contemporaneously with filing their complaint, Plaintiffs moved to proceed IFP. Dkt. 2. Thereafter, the case was referred to the undersigned judge. Dkt. 5 (order of referral). The motion is ripe for resolution. Legal standard “[A]ny court of the United States may authorize the commencement, prosecution or defense of any suit, action or proceeding, civil or criminal, or appeal therein, without prepayment of fees or security therefor” upon a showing that “the person is unable to pay such fees or give security therefor.” 28 U.S.C. § 1915(a)(1). This statute applies both to prisoner and non-prisoner cases. See Hayes v. Scott, 116 F.3d 137, 140 (5th Cir. 1997). But the right to proceed in forma pauperis is not absolute. “Under § 1915(e)(2)(B), the district court is required to dismiss an IFP case ‘at any time’ if it determines that the case is ‘frivolous or malicious’ or ‘fails to state a claim on which relief may be granted.” Doe v. Charter Commc’ns, LLC, 131 F.4th 323, 327 (5th Cir. 2025) (quoting 28 U.S.C. § 1915(e)(2)(B)(i), (ii)). A complaint fails to state a claim upon which relief may be granted if it alleges insufficient facts, when taken as true, to state a basis for relief that is plausible on its face. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (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) (citing Case 4:25-cv-06097 Document 7 Filed 03/20/26 in TXSD Page 4 of 19
5 Twombly, 550 U.S. at 556); see also, e.g., Amrhein v. United States, 740 F. App’x 65, 66 (5th Cir. 2018) (per curiam) (citing Iqbal for the legal standard governing a court’s sua sponte dismissal of a claim under Section 1915(e)(2)(B)). Pro se pleadings are liberally construed. Butler v. S. Porter, 999 F.3d 287, 292 (5th Cir. 2021) (citing Haines v. Kerner, 404 U.S. 519, 520-21 (1972) (per curiam)). But “regardless of whether the plaintiff is proceeding pro se or is represented by counsel, conclusory allegations or legal conclusions masquerading as factual conclusions will not suffice to prevent a motion to dismiss.” Prescott v. UTMB Galveston Tex., 73 F.4th 315, 318 (5th Cir. 2023) (quoting Taylor v. Books A Million, Inc., 296 F.3d 376, 378 (5th Cir. 2002)); see also Chhim v. Univ. of Tex. at Austin, 836 F.3d 467, 469 (5th Cir. 2016) (per curiam) (“[P]ro se plaintiffs must still plead factual allegations that raise the right to relief above the speculative level.”). Analysis Plaintiffs’ financial circumstances support their request for leave to proceed in forma pauperis. But this raises the question of whether they have stated a cognizable basis for relief. The answer is no. Accordingly, this case should be dismissed under 28 U.S.C. § 1915(e)(2)(B). Case 4:25-cv-06097 Document 7 Filed 03/20/26 in TXSD Page 5 of 19
6 I. The IFP application is granted. Plaintiffs have filed motions to proceed in forma pauperis under 28 U.S.C. § 1915, which would allow them to proceed with this case without prepaying fees or costs. Dkt. 2. To proceed without paying the filing fee, an applicant must show that they are financially “unable to pay such fees.” 28 U.S.C. § 1915(a). Although an applicant need not “be absolutely destitute,” they still must show by affidavit that their financial condition renders them unable to “pay or give security for the costs ... and still be able to provide [themself] and [their] dependents with the necessities of life.” Adkins v. DuPont Co., 335 U.S. 331, 339 (1948). After reviewing Plaintiffs’ applications, the Court finds that their financial resources render them unable to afford the costs of this litigation while continuing to support themselves and Cruz’s daughter. They are economically eligible to proceed IFP. II. Plaintiffs have not stated a cognizable basis for relief. Under 28 U.S.C. § 1915(e)(2)(B), however, this Court also must scrutinize Plaintiffs’ claims to determine if they have pleaded a basis for relief. Cruz asserts federal claims under 42 U.S.C. § 1983, the ADA, and the Rehabilitation Act, and Texas claims under the TPIA and for common-law negligence. See Dkt. 1 at 11-12. But as explained below, the TPIA claim should have been brought in state court, and her remaining claims are time-barred. Case 4:25-cv-06097 Document 7 Filed 03/20/26 in TXSD Page 6 of 19
7 Moreover, Rodriguez’s claim for “derivative emotional distress and financial harm” is not actionable under Texas law. See id. at 12-13. Because Plaintiffs have not stated a claim upon which relief can be granted, their claims should be dismissed under Section 1915(e)(2)(B). A. Relief under the TPIA must be sought in state court. Cruz alleges that the City of Rosenberg violated the TPIA because it “willfully and unlawfully withheld public records, misrepresented the status of the underlying criminal case to the Office of the Attorney General, and failed to comply with” the law. See Dkt. 1 at 12 (citing Tex. Gov’t Code Ann. § 552.001 et seq.). She seeks the release of the requested records, attorneys’ fees and costs, and other declaratory and injunctive relief. See id. at 12, 14. But that relief must be sought in state court. The TPIA’s purpose is “to provide public access ‘at all times to complete information about the affairs of government and the official acts of public officials and employees.’” City of Garland v. Dall. Morning News, 22 S.W.3d 351, 355–56 (Tex. 2000) (quoting Tex. Gov’t Code Ann. § 552.001). “Upon a request for public information, a governmental body’s officer for public records must promptly produce” that information unless the statute provides for an exception from disclosure. See id. (citing Tex. Gov’t Code Ann. §§ 552.221, 552.101). Case 4:25-cv-06097 Document 7 Filed 03/20/26 in TXSD Page 7 of 19
8 There are “two provisions authorizing suit when a requester is aggrieved by the governmental unit’s response.” City of Georgetown v. Putnam, 646 S.W.3d 61, 69 (Tex. App.—El Paso 2022, pet. denied), disapproved on other grounds by Tex. Dep’t of Fam. & Protective Servs. v. Grassroots Leadership, Inc., 717 S.W.3d 854 (Tex. 2025). A requester may bring an action under Tex. Gov’t Code Ann. § 552.321 for a writ of mandamus to compel the government to release the withheld information. Or “[a]n action for declaratory or injunctive relief may be brought” under Tex. Gov’t Code Ann. § 552.3215 “against a governmental body that violates” the statute. Id. § 552.3215(b). Cruz does not specify under which provision of Chapter 552 she relies. Regardless, by statute, mandamus relief under Section 552.321 must be sought “in a district court for the county in which the main offices of the governmental body are located.” Tex. Gov’t Code Ann. § 552.321(b). Federal courts have construed this provision to require relief to be sought in the relevant state court. See Post Hole Ventures, LLC v. City of Kerrville, Tex., 2022 WL 11455956, at *7 (W.D. Tex. Oct. 19, 2022) (collecting cases); see also, e.g., Davis v. Logan, 2024 WL 4627646, at *10 (N.D. Tex. Oct. 7, 2024) (dismissing claim without prejudice because it “is not actionable in this Court”), adopted by 2024 WL 4626085 (N.D. Tex. Oct. 30, 2024); Perez v. Araiza, 2007 WL 3125287, at *2 (W.D. Tex. Oct. 10, 2007) (dismissing TPIA claim that should have been raised in state court), aff’d, 275 F. App’x 385 (5th Cir. 2008). Case 4:25-cv-06097 Document 7 Filed 03/20/26 in TXSD Page 8 of 19
9 As for Section 552.3215, the Court has found no federal decision anywhere that has granted declaratory or injunctive relief under this provision. Instead, federal courts have concluded or observed that such claims belong in state court. See Greer v. Gill, 2025 WL 1904336, at *3 (E.D. Tex. June 24, 2025) (citing Tex. Gov. Code §§ 552.321–.327 and dismissing plaintiff’s TPIA claim because their remedy was “not through this court”); see also, e.g., Barnes v. Zitman, 2024 WL 2891341, at *2 (5th Cir. June 10, 2024) (noting that if plaintiff “believes that a state governmental body has not provided information requested pursuant to a [TPIA] request, then he may be entitled to relief in state court under section 552.3215 of the Texas Government Code” (emphasis added)); Dyer v. City of Mesquite, 2016 WL 2346740, at *7 (N.D. Tex. May 3, 2016) (similarly noting that “Plaintiffs may have an available avenue of relief in state court” under Section 552.3215 (emphasis added)). Because Cruz’s TPIA claim is not properly before this Court, it should be dismissed. B. Cruz’s remaining claims are time-barred. For her remaining theories, Cruz invokes 42 U.S.C. § 1983 and asserts disability discrimination and negligence claims. Those claims are untimely on their face—a defect that this Court can raise “sua sponte in an action proceeding under 28 U.S.C. § 1915.” See Gartrell v. Gaylor, 981 F.2d 254, 256 (5th Cir. 1993); see also Gonzales v. Wyatt, 157 F.3d 1016, 1019, 1022 (5th Cir. Case 4:25-cv-06097 Document 7 Filed 03/20/26 in TXSD Page 9 of 19
10 1998) (affirming dismissal under Section 1915(e)(2)(B)(i) because suit was barred by statute of limitations). All the claims are barred. C. Texas’s two-year statute of limitations applies. Cruz’s causes of action—whether under Section 1983, the ADA, the Rehabilitation Act, or for negligence—are subject to a two-year statute of limitations. Because federal law does not supply a limitations period for Section 1983, ADA, and the Rehabilitation Act claims, courts apply the forum state’s statute of limitations for personal injury suits. See Edmonds v. Oktibbeha Cnty., Miss., 675 F.3d 911, 916 (5th Cir. 2012) (Section 1983); Frame v. City of Arlington, 657 F.3d 215, 237 (5th Cir. 2011) (ADA and Rehabilitation Act). In Texas, personal injury suits have a two-year limitations period. See Tex. Civ. Prac. & Rem. Code Ann. § 16.003. That limitations period therefore governs both Cruz’s federal claims and her state-law negligence claim. See Ledford v. Keen, 9 F.4th 335, 338 (5th Cir. 2021) (citing Tex. Civ. Prac. & Rem. Code Ann. § 16.003(a)). 1. The limitations period expired before this suit was filed. Because Cruz complains of wrongdoing during her June 7, 2022 traffic stop and arrest, that is the date when her claims accrued. The two-year limitations period thus expired on June 7, 2024—over 18 months before Cruz brought this suit, see Dkt. 1 (filed December 17, 2025). Case 4:25-cv-06097 Document 7 Filed 03/20/26 in TXSD Page 10 of 19
11 a. The federal claims accrued during the traffic stop. Although the limitations period for Cruz’s federal claims is determined by reference to state law, their accrual date is governed by federal law. See Wallace v. Kato, 549 U.S. 384, 388 (2007) (“[T]he accrual date of a § 1983 cause of action is a question of federal law that is not resolved by reference to state law.”); Frame, 657 F.3d at 238 (same for ADA and Rehabilitation Act). Under federal law, a claim accrues “the moment the plaintiff becomes aware that he has suffered an injury or has sufficient information to know that he has been injured.” Walker v. Epps, 550 F.3d 407, 414 (5th Cir. 2008) (quotation omitted) (applying standard to Section 1983 claim); Frame, 657 F.3d at 238 (5th Cir. 2011) (same for Title II ADA and Rehabilitation Act claims). Cruz’s federal claims accrued when the traffic stop occurred. That was when Cruz maintains that she was subjected to excessive and unreasonable force, in violation of her Fourth Amendment rights. Dkt. 1 at 11. It is also when Defendants allegedly violated the ADA and Rehabilitation Act by failing to “reasonably accommodate her disabilities,” “escalat[ing] the encounter,” and “exacerbating her psychological crisis.” See id. at 12. Likewise, Cruz’s due process claim accrued the same day because it challenges her arrest, her detention, and the seizure of her car. Id. The accrual date is not extended merely because the claim implicates legal proceedings post-dating Cruz’s initial arrest. See Wallace, 549 U.S. at 397 (“[T]he statute Case 4:25-cv-06097 Document 7 Filed 03/20/26 in TXSD Page 11 of 19
12 of limitations upon a § 1983 claim seeking damages for a false arrest in violation of the Fourth Amendment, where the arrest is followed by criminal proceedings, begins to run at the time the claimant becomes detained pursuant to legal process.”). b. The state law claims also accrued during the stop. Cruz’s negligence claims also accrued on June 7, 2022 because that is when the challenged conduct caused her initial injury. In Texas, “a negligence claim accrues when the defendant’s negligent conduct causes any legal injury for which the claimant may obtain legal relief.” Regency Field Servs., LLC v. Swift Energy Operating, LLC, 622 S.W.3d 807, 815 (Tex. 2021). “This ‘legal- injury’ rule’ provides that the limitations period begins to run even if the claimant does not yet know that a legal injury has occurred, has not yet experienced the full extent of the injury, or cannot yet ascertain the resulting damages.” Clouse v. S. Methodist Univ., 2025 WL 2427755, at *3 (5th Cir. Aug. 22, 2025) (per curiam) (citing Regency Field Servs., LLC, 622 S.W.3d at 814). Cruz bases her negligence claim on the Officers’ conduct during the traffic stop, which allegedly caused her to suffer emotional distress. See Dkt. 1 at 12 (alleging that Defendants negligently “employ[ed] excessive force, fail[ed] to de-escalate the encounter, and disregard[ed] Plaintiff’s medical and psychological needs”). Because her legal injury occurred when those events transpired, the limitations period expired long before she filed this suit. Case 4:25-cv-06097 Document 7 Filed 03/20/26 in TXSD Page 12 of 19
13 2. No tolling is warranted. Cruz nevertheless contends that her “claims are timely under the Texas discovery rule and the doctrine of equitable tolling.” Dkt. 1 at 8. Because Texas’s statute of limitations governs all claims, so too does its tolling principles. See Rotella v. Pederson, 144 F.3d 892, 897 (5th Cir. 1998). Cruz cannot show that she is entitled to tolling under Texas law. “As a general matter, equitable tolling pauses the running of, or ‘tolls,’ a statute of limitations when a litigant has pursued his rights diligently but some extraordinary circumstance prevents him from bringing a timely action.” Lozano v. Montoya Alvarez, 572 U.S. 1, 10 (2014). But the Texas Supreme Court “has not articulated a general test for determining when equitable tolling is available ….” Levinson Alcoser Assocs., L.P. v. El Pistolon II, Ltd., 670 S.W.3d 622, 630 (Tex. 2023); see also Sorrow v. Univ. of Tex. Health Sci. Ctr. at Hou., 2024 WL 2763378, at *3 n.6 (Tex. App.–Houston [14th Dist.] May 30, 2024, no pet.). Rather Texas has “recognized two doctrines that may delay accrual or toll limitations: (1) the discovery rule and (2) fraudulent concealment.” Valdez v. Hollenbeck, 465 S.W.3d 217, 229 (Tex. 2015); see also Moon v. City of El Paso, 906 F.3d 352, 358-59 (5th Cir. 2018) (making the same observation when analyzing timeliness of Section 1983 claim). Of those two bases for tolling, the only one that Cruz invokes is the discovery rule. The discovery rule provides only a “very limited exception to Case 4:25-cv-06097 Document 7 Filed 03/20/26 in TXSD Page 13 of 19
14 the statute of limitations.” See King-White v. Humble Indep. Sch. Dist., 803 F.3d 754, 764 (5th Cir. 2015) (quoting Computer Assocs. Int’l, Inc. v. Altai, Inc., 918 S.W.2d 453, 455 (Tex. 1996)). The “rule defers accrual of the cause of action if ‘the nature of the injury incurred is inherently undiscoverable and the evidence of injury is objectively verifiable.’” Id. (quoting Childs v. Haussecker, 974 S.W.2d 31, 36-37 (Tex. 1998)). “An injury is inherently undiscoverable if it is by nature unlikely to be discovered within the prescribed limitations period despite due diligence.” Marshall v. First Baptist Church of Hou., 949 S.W.2d 504, 507 (Tex. App.—Houston [14th Dist.] 1997, no pet.). “The requirement of inherent undiscoverability recognizes that the discovery rule exception should be permitted only in circumstances where it is difficult for the injured party to learn of the negligent act or omission.” Comput. Assocs. Int’l, 918 S.W.2d at 456 (quotation omitted). Cruz contends that she “could not have discovered [] the nature and causal connection of her psychological injuries until her formal diagnosis in 2025.” Dkt. 1 at 8. That does not matter because “[t]o bring a suit, it is not necessary for the victim to connect the [wrongful act] to any subsequent psychological injuries or understand the full extent of [her] injuries.” Doe v. St. Stephen’s Episcopal Sch., 382 F. App’x 386, 388-89 (5th Cir. 2010) (Texas’s discovery rule did not apply even though plaintiffs obtained a diagnosis only after the limitations period expired). Put another way, the claim accrues when Case 4:25-cv-06097 Document 7 Filed 03/20/26 in TXSD Page 14 of 19
15 some injury occurs, regardless of whether “the plaintiff later discovers that his injuries are more serious than originally thought ....” See Albertson v. T.J. Stevenson & Co., 749 F.2d 223, 229 (5th Cir. 1984). Even if Cruz did not fully appreciate the long-term psychological harm caused by her stop and arrest until her later diagnosis, she had enough information during the traffic stop to know that she sustained some type of injury. See Whitaker v. McDonald, 2022 WL 68972, at *2 (5th Cir. Jan. 6, 2022) (Section 1983 claim accrued “the moment [plaintiff] … ha[d] sufficient information to know that [she was] injured” (quoting Walker, 550 F.3d at 414)). In fact, Plaintiffs’ own allegations state that the Officers’ conduct during the stop caused her “to experience severe psychological distress and an acute mental health crisis at the scene.” See Dkt. 1 at 3 (emphasis added). Her injury was discoverable at that time. Cruz also asserts that the psychological symptoms of her trauma, including memory gaps, “impaired [her] ability to recognize the legal significance of her injuries” and thus pursue claims within the limitations period. Id. at 8-9. But memory loss does not satisfy the discovery rule when a plaintiff was aware that some injury had occurred. See St. Stephen’s Episcopal Sch., 382 F. App’x at 389 (“Texas courts have distinguished cases in which victims were at least in some way aware of the abuse from cases in which the victim repressed all memories of the abuse.”). Nothing suggests that Cruz’s Case 4:25-cv-06097 Document 7 Filed 03/20/26 in TXSD Page 15 of 19
16 memory of the stop was so suppressed that she could not recall until recently that the stop had even happened. Cruz also contends that her inability to obtain records “further support the application of the discovery rule and equitable tolling, as [she] could not reasonably have discovered or acted upon her legal claims while her memory remained impaired and all official records and transcripts remained unavailable ….” Dkt. 1 at 5. But claims cannot be tolled simply because a plaintiff wishes to await additional information to flesh out her claims. Moreover, the complaint reflects that Cruz did not even submit a request for records until nearly three years after the incident. See Dkt. 1 at 5 (May 27, 2025 public records request); see also Dkt. 1-3 at 21-35. Cruz has not provided a basis to conclude that she exercised adequate diligence, even assuming her claims could otherwise be tolled. See Childs, 974 S.W.2d at 47 (“The discovery rule … expressly requires a plaintiff to use reasonable diligence to investigate his injury.”). This Court should dismiss Cruz’s claims as time-barred. D. Rodriguez has no basis for recovery. The claims asserted by co-plaintiff Rodriguez also fail. There is no allegation that Rodriguez was present at Cruz’s traffic stop. Nor does the complaint explain what relationship Rodriguez has with Cruz. Yet Rodriguez seeks damages under Texas common law for his “derivative emotional distress and financial harm” when providing support to Cruz and her daughter after Case 4:25-cv-06097 Document 7 Filed 03/20/26 in TXSD Page 16 of 19
17 the June 7, 2022 traffic stop and arrest. See Dkt. 1 at 12-13. Rodrigeuz’s claims are barred as a matter of law. First, Cruz’s inability to recover on her Texas law claims forecloses Rodriguez’s derivative claim. In Texas, a derivative tort “depends on participation in some underlying tort ....” See Agar Corp., Inc. v. Electro Cirs. Int’l, LLC, 580 S.W.3d 136, 138 (Tex. 2019) (quotation omitted) (addressing civil conspiracy). Thus, “a defense that tends to constrict or exclude the tortfeasor’s liability” to the primary injured party “will have the same effect on” the other’s derivative claim. Reed Tool Co. v. Copelin, 610 S.W.2d 736, 738- 39 (Tex. 1980) (loss of consortium); see also, e.g., Estate of Barrera v. Rosamond Vill. Ltd. P’ship, 983 S.W.2d 795, 799-800 (Tex. App.—Houston [14th Dist.] 1998, no pet.) (no bystander claim where the victim could not recover). Because Cruz’s negligence claim is barred by limitations, Rodriguez cannot recover on his derivative claim either. Second, Texas law does not recognize a claim for negligent infliction of emotional distress, to the extent Rodriguez is seeking such relief. See Hirras v. Nat’l R.R. Passenger Corp., 44 F.3d 278, 280 n.3 (5th Cir. 1995) (citing Boyles v. Kerr, 855 S.W.2d 593 (Tex. 1993)); Boyles, 855 S.W.2d at 594 (“A claimant may recover mental anguish damages only in connection with defendant’s breach of some other legal duty.”). “An exception to this rule is allowed for a bystander who witnesses a serious or fatal accident.” Cox Tex. Newspapers, Case 4:25-cv-06097 Document 7 Filed 03/20/26 in TXSD Page 17 of 19
18 L.P. v. Wootten, 59 S.W.3d 717, 723 (Tex. App.—Austin 2001, pet. denied) (citing Boyles, 855 S.W.2d at 597-98). To recover as a bystander, Rodriguez must: (1) have been “located near the scene of the accident;” (2) experience “shock result[ing] from a direct emotional impact upon [him] from the sensory and contemporaneous observance of the accident;” and (3) be “closely related” to the victim. White v. United States, 471 F. Supp. 3d 780, 786 (W.D. Tex. 2020) (citing Boyles, 855 S.W.2d at 597; Freeman v. City of Pasadena, 744 S.W.2d 923 (Tex. 1988)). Even assuming Cruz had an actionable underlying tort claim, Rodriguez has not stated a bystander claim. There is no allegation that Rodriguez was at the traffic stop. Nor does he explain his relationship with Cruz, which is fatal to recovery, either as a bystander or for lost consortium. Strickland v. Medlen, 397 S.W.3d 184, 195 (Tex. 2013) (loss of consortium claim is “narrowly cabined” to husband-wife and parent-child relationships, and excludes recovery for close friends). For those reasons alone, Rodriguez’s claims fail. Order and Recommendation For the foregoing reasons, it is ORDERED that Plaintiffs Stephine Cruz’s and Hansel Rodriguez’s applications to proceed in forma pauperis (Dkt. 2) are GRANTED. It is further RECOMMENDED that, under 28 U.S.C. § 1915(e)(2)(B), Plaintiff Stephine Cruz’s claims under the Texas Public Information Act be Case 4:25-cv-06097 Document 7 Filed 03/20/26 in TXSD Page 18 of 19
19 DISMISSED WITHOUT PREJUDICE, and that all other claims asserted by Cruz and Plaintiff Hansel Rodriguez be DISMISSED WITH PREJUDICE for failure to state a claim upon which relief can be granted. The parties have fourteen days from service of this Report and Recommendation to file written objections. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). Failure to file timely objections will preclude appellate review of factual findings and legal conclusions, except for plain error. Ortiz v. City of San Antonio Fire Dep’t, 806 F.3d 822, 825 (5th Cir. 2015). Signed on March 20, 2026, at Houston, Texas. ______________________________ Yvonne Y. Ho United States Magistrate Judge ______________________________________ __ Yvvvoon n n nne Y. Hoo United States Magistrate Judge Case 4:25-cv-06097 Document 7 Filed 03/20/26 in TXSD Page 19 of 19
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