4:25-cv-02908•Brown et al v. Stensland et al
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION Ken Brown, Individually and on Behalf of Minors, K.B. I and K.B. II, Plaintiffs, v. Matthew Stensland, et al., Defendants. § § § § § § § § § Civil Action H-25-2908 MEMORANDUM AND RECOMMENDATION This case has been referred to the undersigned magistrate judge pursuant to 28 U.S.C. § 636(b)(1). ECF No. 12. Pending before the court are Defendant Deputy Joshua Bass’s Motion to Dismiss, ECF No. 15, and Defendant Stensland’s Motion to Dismiss, ECF No. 16. The court recommends that both motions be GRANTED, and the claims against Stensland and Bass be DISMISSED WITH PREJUDICE. The court also recommends that all claims against all Defendants that have yet to be served be DISMISSED WITH PREJUDICE. 1. Facts and Procedural History Before turning to the facts, it is necessary to discuss the sources from which those facts are drawn. Of course, the court considers Plaintiffs’ Amended Complaint. ECF No. 13 (Am. Compl.). Defendants also submitted Stensland and Bass’s body- worn camera (BWC) recordings. Plaintiffs argue that the court may not review the BWC videos in deciding the instant motions, and that if it does, the court must convert the motions to Motions for Summary Judgment. ECF No. 19 at 2. The court disagrees. Generally, when considering a motion to dismiss, the court must limit itself to: (1) the facts in the complaint; (2) documents United States District Court Southern District of Texas ENTERED February 11, 2026 Nathan Ochsner, Clerk Case 4:25-cv-02908 Document 29 Filed 02/11/26 in TXSD Page 1 of 33
2 attached to the complaint; and (3) matters of which the court may take judicial notice. Walker v. Beaumont Indep. Sch. Dist., 938 F.3d 724, 735 (5th Cir. 2019). The court also has discretion to consider exhibits attached to the complaint, as well as exhibits attached to a motion to dismiss, if they “are central to the claim and referenced by the complaint.” Lone Star Fund V (U.S.), L.P. v. Barclays Bank PLC, 594 F.3d 383, 387 (5th Cir. 2010). Such exhibits may include the video from an officer’s body-worn camera. See Perdomo v. City of League City, No. 25-40106, 2026 WL 40954, at *2 (5th Cir. Jan. 7, 2026). Plaintiffs concede that the deputies’ alleged “unconstitutional actions [were] captured on video” through Defendants’ body-worn cameras. Am. Compl. at 34. Therefore, the videos are central to Plaintiffs’ claims. The videos are referenced multiple times in Plaintiffs’ Complaint. Plaintiffs allege that “the encounter and subsequent events were captured on body-worn camera footage.” Id. at 6. They assert that the Harris County Sheriffs’ Office used the videos to conduct an internal review, but that “[t]he video evidence . . . was ignored and met with deliberate indifference.” Id. Plaintiffs also allege that “[Harris County Sheriff’s Office] supervisors have the power to destroy camera footage, and have a practice of engaging in exactly those actions[,] then alleging the video is no longer available.” Id. at 34. This is clearly not the situation here, as defendants Stensland and Bass provided the relevant videos. Because the videos are both central to Plaintiffs’ claims and referenced throughout the Amended Complaint, the court considers the video evidence as part of the pleadings. Moreover, “where video recordings are included in the pleadings, as is the case here, the video depictions of events, viewed in the light most favorable to the plaintiff, should be adopted over the factual allegations in the complaint if the video Case 4:25-cv-02908 Document 29 Filed 02/11/26 in TXSD Page 2 of 33
3 ‘blatantly contradicts’ those allegations.” Harmon v. City of Arlington, 16 F.4th 1159, 1163 (5th Cir. 2021) (citing Scott v. Harris, 550 U.S. 372, 380 (2007)); see also Perdomo, 2026 WL 40954, at *2 (rejecting the plaintiff’s “factual allegations in favor of the video evidence” because plaintiff’s allegations did not align with the officer’s BWC video). The court “should not discount the nonmoving party’s story unless the video evidence provides so much clarity that a reasonable jury could not believe his account.” Darden v. City of Fort Worth, 880 F.3d 722, 730 (5th Cir. 2018). Accordingly, the factual allegations in Plaintiffs’ Amended Complaint are accepted unless they are blatantly contradicted by video evidence. The court notes the factual discrepancies and indicates when it has discounted Plaintiffs’ version of events in the analysis that follows. Citations to the video are to the name of the officer and the minutes and seconds from time stamp on the video. For example, Stensland BWC, at 10:18, refers to Stensland’s BWC at ten minutes and eighteen seconds. A. Background Facts On or about March 19, 2023, Ken Brown, Jr. (Brown) drove his mother to a nail salon at a strip mall in Harris County, Texas. Am. Compl. at 3. Brown’s two sons—K.B. I, who was then 16- years-old, and K.B. II, then 14-years-old—were passengers in the vehicle. Id. Upon arriving at the strip mall, Brown parked the family’s vehicle in front of an adjacent business. Id. at 4. Video shows that he parked the vehicle approximately half-in and half- out of a designated handicap spot. The part of the vehicle not in the handicap space was in a zone marked with diagonal yellow stripes. A handicap placard was placed on the dashboard in the lower passenger-side corner. The vehicle had no license plates. The Case 4:25-cv-02908 Document 29 Filed 02/11/26 in TXSD Page 3 of 33
4 improperly parked vehicle is shown in these screenshots from the BWC. The images show the lack of license plates. Stensland BWC, at 10:22, 11:25. Brown accompanied his mother inside the salon, while K.B. I and K.B. II remained in the vehicle. Am. Compl. at 4. Deputies from the Harris County Sheriff’s Office began to observe the vehicle. It is clear from Stensland’s video that he can see the improperly parked car and its lack of license plates. It is also clear that Stensland and other officers saw K.B. I leave the vehicle and enter a washateria near the salon. Stensland BWC, at 00:50. The Amended Complaint alleges that the deputies “began engaging with the minors without justification,” and “[d]espite the absence of any reported criminal activity . . . [deputies] approached the vehicle and proceeded to detain K.B. I.” Am. Compl. at 4. Stensland’s BWC completely contradicts this narrative. As mentioned, the car was improperly parked and lacked license plates. The video shows Stensland and Villarreal entering the washateria and Stensland commanding K.B. I to come with him outside, while another deputy commands K.B. II and others he was with to stay inside. Stensland BWC, at 1:17– 1:50. Outside the washateria, Stensland asked K.B. I “what was up” with the vehicle, to which K.B. I responded that it was not his Case 4:25-cv-02908 Document 29 Filed 02/11/26 in TXSD Page 4 of 33
5 car and that it was somebody else’s car. Stensland then asked why he was in it, to which K.B. I responded that it was a friend’s car and that he did not know where the friend was. K.B. I claimed that he was just “grabbing something” out of the car. Stensland told K.B. I that he saw K.B. I get out of the driver’s side of the car, at which point Stensland handcuffs K.B. I. Stensland BWC, at 1:45– 2:10. Stensland immediately asked whether the car was stolen, which K.B. I denied. Id. at 2:13. Moments after Stensland placed K.B. I in handcuffs, Brown approached and began to demand that his son be removed from the handcuffs. Stensland BWC, at 2:31–2:35. He believed that the deputies were subjecting his children to “unwarranted surveillance and kidnapping.” Am. Compl. at 4. Brown “requested that the deputies release [K.B. I] while explaining that he was the father of the child.” Id. Plaintiffs allege that the deputies then “targeted their unlawful acts toward Mr. Brown” and detained him. Id. at 5. The video shows that Brown was visibly upset and that the deputies were concerned that he was going to interfere with their investigation. They handcuffed Brown and asked him about the car, which he admitted was his. Stensland BWC, at 3:07–25. Deputies asked Brown for his identification. Stensland BWC, at 4:03. They also asked whether there was “anything illegal” in the car, which Brown denied. Id. at 4:16. Deputies also asked Brown whether K.B. I was actually his son, given that K.B. I had moments before claimed that the vehicle belonged to a friend. Id. at 4:47. The video shows that Stensland was suspicious of the information he was receiving from both Brown and his son about the ownership of the vehicle. Id. at 4:56–5:03 (asking Brown why K.B. I would lie about the ownership of the vehicle). To further investigate the ownership of the vehicle, Stensland approached Case 4:25-cv-02908 Document 29 Filed 02/11/26 in TXSD Page 5 of 33
6 K.B. I and asked why he would say that the car belonged to a friend, when it actually belonged to his father. Id. at 5:51. Stensland and other deputies then went to investigate the vehicle. Stensland BWC, at 8:54. Stensland looked through the window of the vehicle and immediately saw what he recognized as a marijuana grinder in the center console. Id. at 9:00–9:09. Villanueva also saw in plain view what appeared to be an open container of alcohol. Id. at 9:15. Stensland searched the vehicle without a warrant and discovered more marijuana, as well as two firearms in the center console. Id. at 12:14–13:59. Based on this discovery, Stensland contacted the District Attorney’s office, which accepted charges for unlawfully carrying of a weapon. Id. at 19:26–23:04. Deputies called for a tow truck to tow the vehicle, although family members on the scene quite vigorously protested1 that action and were willing to take possession of the vehicle. See id. at 12:42 (Stensland radioing for the tow truck), 15:15 (Brown’s mother protesting as tow truck arrives), 27:20–27:30 (additional family members showing up to the scene). Brown was eventually transported to jail on a charge for Unlawful Carrying of a Weapon, in violation of Texas Penal Code § 46.02.2 Id. at 35:40; 41:51–49:05. 1 The videos contain footage of a very heated and lengthy confrontation between Brown’s family and the deputies. The family was apparently calling the police on the deputies, and coming very close to interfering with the deputies’ investigation of the car. Eventually, deputies had to move their investigation to another location to finish inventorying and towing the vehicle. Brown’s family followed the deputies to the second location and continued the confrontation. During this time, it is clear that Stensland was becoming frustrated. He said something to the effect of “Unit 1, baby, gang, gang,” and commented on one of the family members’ attire. While unprofessional, these grumblings do not appear to have caused any harm, and they do not shed any light on the otherwise entirely lawful actions of the deputies. 2 “[T]he district court may properly take judicial notice of public state court records.” Stiel v. Heritage Numismatic Auctions, Inc., 816 F. App’x 888, 892 (5th Cir. 2020). Accordingly, the court takes judicial notice of the public state court records in the criminal case against Brown arising from this arrest. The State of Texas v. Ken Brown, No. 245039001010 (Harris Co. Crim. Ct. at Law No. 2, Mar. 19, 2023). The criminal case against Brown was dismissed for insufficient evidence on August 8, 2023. Case 4:25-cv-02908 Document 29 Filed 02/11/26 in TXSD Page 6 of 33
7 When the deputies finished searching the vehicle and speaking to the prosecutor, K.B. I was released. Stensland BWC, at 29:58. He was in custody for a total of approximately twenty- eight minutes. B. Procedural History Brown, individually, and on behalf of K.B. I and K.B. II (collectively, Plaintiffs) initiated this lawsuit in the 281st Civil District Court in Harris County, Texas, on March 19, 2025. ECF No. 1 at 1. Plaintiffs named Harris County, Harris County Sherriff Ed Gonzalez, and Deputies Matthew Stensland, Joshua Bass, Adolfo Villanueva, and Ciara Casmer as Defendants. ECF No. 1-5. Plaintiffs’ Original Petition asserted causes of action under 42 U.S.C. § 1983 for violations of the First, Fourth, and Fourteenth Amendments. Id. at 11–15. In brief, Plaintiffs alleged that Sheriff Gonzalez is liable for failing to train, supervise, or discipline his officers to protect individuals from constitutional violations, including false arrest, false imprisonment, unreasonable seizures, and excessive use of force. Id. Plaintiffs also alleged that the named deputies are liable—with varying degrees of culpability— for excessive force, unreasonable use of force, false arrest, unreasonable search and seizure, First Amendment retaliation, racial profiling, and failure to intervene to prevent the others’ constitutional violations. Id. Stensland and Bass were served with process on May 28, 2025, and June 13, 2025, respectively.3 ECF No. 1 at 2. As the only served defendants, Stensland and Bass removed this case to federal court on June 23, 2025. Id. at 1. Five days later, Stensland and Bass filed Motions to Dismiss Plaintiffs’ Original Complaint. ECF Nos. 7, 8. 3 As of the date of this Memorandum and Recommendation, the other named defendants have not been served with process. Case 4:25-cv-02908 Document 29 Filed 02/11/26 in TXSD Page 7 of 33
8 Instead of responding to Stensland and Bass’s first Motions to Dismiss, Plaintiffs filed their First Amended Complaint on July 21, 2025. ECF No. 13. Plaintiffs’ Amended Complaint names the same defendants—Harris County, Sherriff Gonzalez, and Deputies Stensland, Bass, Villanueva, and Casmer. Id. It omits the previously asserted claims for excessive force and unreasonable use of force but otherwise leaves Plaintiffs’ claims unchanged. Specifically, the Amended Complaint alleges that the named deputies committed violations of the First, Fourth, and Fourteenth Amendments, including retaliation, unlawful search and seizure, false arrest, malicious criminal prosecution, racial profiling, and equal protection and due process violations. Id. It also asserts a general Monell4 claim against Harris County and Sheriff Gonzalez. Id. The Amended Complaint does not contain any state law causes of action. On August 4, 2025, Stensland and Bass filed Motions to Dismiss Plaintiffs’ Amended Complaint. ECF Nos. 15, 16. They argue that all of Plaintiffs’ claims against them should be dismissed because they are entitled to qualified immunity. Id. Alternatively, they argue that even if qualified immunity does not apply, Plaintiffs’ claims fail under Federal Rule of Civil Procedure 12(b)(6). Id. Attached to both Motions are the videos from Stensland and Bass’s BWCs. Id. Plaintiffs oppose Stensland and Bass’s Motions to Dismiss. ECF No. 19. 2. Motion to Dismiss Standard Under Rule 12(b)(6), the court determines whether the plaintiff’s complaint contains “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 4 Monell v. Dep’t of Soc. Servs. of N.Y., 436 U.S. 658 (1978). Case 4:25-cv-02908 Document 29 Filed 02/11/26 in TXSD Page 8 of 33
9 reasonable inference that the defendant is liable for the misconduct alleged.” Calogero v. Shows, Cali & Walsh, L.L.P., 970 F.3d 576, 580 (5th Cir. 2020) (quoting Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)). “The plausibility standard is not akin to a ‘probability requirement,’ but it asks for more than a sheer possibility that a defendant has acted unlawfully.” Iqbal, 556 U.S. at 678. Ultimately, the “[f]actual allegations [in the complaint] must be enough to raise a right to relief above the speculative level.” Twombly, 550 U.S. at 555 (internal citation omitted). Courts accept “all well-pleaded facts as true” and “view[] them in the light most favorable to the plaintiff.” Allen v. Walmart Stores, L.L.C., 907 F.3d 170, 177 (5th Cir. 2018) (quoting Jones v. Greninger, 188 F.3d 322, 324 (5th Cir. 1999)). “A plaintiff need only plausibly allege facts going to the ultimate elements of the claim to survive a motion to dismiss.” Cicalese v. Univ. Tex. Med. Branch, 924 F.3d 762, 768 (5th Cir. 2019). “Factual allegations must be enough to raise a right to relief above the speculative level . . . on the assumption that all allegations in the complaint are true (even if doubtful in fact).” Twombly, 550 U.S. at 555. “[A] well-pleaded complaint may proceed even if it strikes a savvy judge that actual proof of those facts is improbable[.]” Id. at 556. Only statements of fact are to be taken as true. “Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.” Iqbal, 556 U.S. at 678. Conclusory allegations are “disentitled . . . to the presumption of truth.” Iqbal, 566 U.S. at 681. Thus, the court, in reviewing the plaintiff’s complaint, may neither “accept conclusory allegations” nor “strain to find inferences favorable to the plaintiffs.” Southland Sec. Corp. v. INSpire Ins. Sols., Inc., 365 F.3d 353, 361 (5th Cir. 2004). Case 4:25-cv-02908 Document 29 Filed 02/11/26 in TXSD Page 9 of 33
10 3. Qualified Immunity Standard Stensland and Bass have asserted a qualified immunity defense against all of Plaintiffs’ claims. See ECF Nos. 15, 16. Section 1983 provides redress for those who have been injured or deprived of their rights under color of state law. 42 U.S.C. § 1983; Moody v. Farrell, 868 F.3d 348, 351 (5th Cir. 2017). However, in a lawsuit under Section 1983, “[q]ualified immunity shields from civil liability ‘all but the plainly incompetent or those who knowingly violate the law.’” Manis v. Lawson, 585 F.3d 839, 845 (5th Cir. 2009) (quoting Malley v. Briggs, 475 U.S. 335, 341 (1986)). State officials are entitled to qualified immunity unless (1) the evidence demonstrates that the official’s conduct violated a statutory or constitutional right and (2) that right was “clearly established” at the time of the violation. McVae v. Perez, 120 F.4th 487, 492 (5th Cir. 2024). A right is clearly established when it “is one that is sufficiently clear that every reasonable official would have understood that what he is doing violates that right.” Melton v. Phillips, 875 F.3d 256, 265 (5th Cir. 2017) (en banc). “This is a ‘demanding standard.’” Degenhardt v. Bintliff, 117 F.4th 747, 753 (5th Cir. 2024). Courts “can analyze the prongs [of the qualified immunity test] in either order or resolve the case on a single prong.” Perry v. Mendoza, 83 F.4th 313, 317 (5th Cir. 2023). Where a defendant asserts qualified immunity as a defense to a claim, “the plaintiff bears the burden of pleading facts that demonstrate liability and defeat immunity.” Shaw v. Villanueva, 918 F.3d 414, 416–17 (5th Cir. 2019). At the motion to dismiss stage, “a plaintiff seeking to overcome qualified immunity must plead specific facts that both allow the court to draw the reasonable inference that the defendant is liable for the harm he has alleged and that defeat a qualified immunity defense with equal specificity.” Arnold v. Williams, 979 F.3d 262, 267 (5th Cir. Case 4:25-cv-02908 Document 29 Filed 02/11/26 in TXSD Page 10 of 33
11 2020). In other words, “plaintiff[s] must plead facts which, if proved, would defeat [the] claim of immunity.” Allen v. Hays, 65 F.4th 736, 745 (5th Cir. 2023) (quoting Waller v. Hanlon, 922 F.3d 590, 599 (5th Cir. 2019)) (alterations in original). 4. Claims Against Defendants Stensland, Bass, Villanueva, and Casmer Plaintiffs’ Amended Complaint, read broadly, asserts claims against Stensland and Bass for unlawful detention, unlawful search, false arrest, retaliation, and racial profiling, in violation of the First, Fourth, and Fourteenth Amendments. Plaintiffs also assert a claim against Casmer for malicious prosecution, and a claim against Villanueva for racial profiling. Additionally, Plaintiffs allege that Stensland, Bass, and Villanueva are liable for failure to intervene to stop the constitutional violations of the others. In the instant motions, Stensland and Bass argue that all of Plaintiffs’ claims against them should be dismissed because they are entitled to qualified immunity. Because the analysis is the same with respect to Plaintiffs’ claims against both the served and the unserved defendants, the court extends the arguments raised by Stensland and Bass to the unserved individual defendants—Villanueva and Casmer. See Armendariz v. Chowaiki, No. EP-14-CV-451-KC, 2016 WL 8856919, at *19, (W.D. Tex. Mar. 31, 2016) (collecting cases and observing that many courts extend common defenses to the benefit of any unserved or defaulting defendants). The court addresses each of the claims in the order that they are raised in Plaintiffs’ Amended Complaint. Case 4:25-cv-02908 Document 29 Filed 02/11/26 in TXSD Page 11 of 33
12 A. Plaintiffs’ claims for unlawful detention of K.B. I and Brown fail because their detention was supported by reasonable suspicion. Plaintiffs assert that Stensland and Bass violated K.B. I and Brown’s Fourth Amendment rights by detaining them without reasonable suspicion. Am. Compl. at 4–5. “Warrantless searches and seizures are per se unreasonable under the Fourth Amendment—subject only to a few specifically established and well-delineated exceptions.” Hankins v. Wheeler, 109 F.4th 839, 845–46 (5th Cir. 2024) (quoting United States v. Hill, 752 F.3d 1029, 1033 (5th Cir. 2014)). “One such exception is that ‘police officers may stop and briefly detain an individual for investigative purposes if they have reasonable suspicion that criminal activity is afoot.’” Id. (quoting Goodson v. City of Corpus Christi, 202 F.3d 730, 736 (5th Cir. 2000)). “To state a claim for unlawful detention, a plaintiff must allege: (1) a detention occurred; and (2) the detention was not based on reasonable suspicion . . . .” Coons v. Lain, 277 F. App’x 467, 470 (5th Cir. 2008) (citing Terry v. Ohio, 392 U.S. 1, 30 (1968)). Reasonable suspicion requires “a particularized and objective basis for suspecting the particular person stopped of criminal activity.” Navarette v. California, 572 U.S. 393, 396 (2014). The court’s review of an officer’s reasonable suspicion determination requires consideration of the totality of the circumstances, including the officer’s own experience and specialized training, as well as their “commonsense judgments and inferences about human behavior.” Id. at 397; Rucker v. Marshall, 119 F.4th 395, 400 (5th Cir. 2024); Degenhardt, 117 F.4th at 753. An officer is entitled to qualified immunity so long as he is reasonable—even if mistaken—in believing he had the requisite suspicion.” Rucker, 119 F.4th at 400. Here, it is undisputed that K.B. I and Brown were detained. Plaintiffs assert that their detention was not based on reasonable Case 4:25-cv-02908 Document 29 Filed 02/11/26 in TXSD Page 12 of 33
13 suspicion. Am. Compl. at 4. Plaintiffs allege that the Brown’s vehicle was “lawfully” parked in a “private parking space for salon customers.” Id. at 4, 8. They state that “the handicap placard was in the car and . . . there were paper plates on the vehicle.” ECF No. 19 at 8. Plaintiffs allege that the deputies “approached the vehicle and began engaging with [Brown’s sons] without justification . . . [d]espite the absence of any reported criminal activity and the fact that the vehicle was parked on private property[.]” Am. Compl. at 4. They assert that the deputies “proceeded to detain K.B. I and placed him in the back of a police squad car, despite having no reasonable suspicion . . . to justify the detention.” Id. Stensland’s BWC video blatantly contradicts Plaintiffs’ assertions. The video shows that deputies noticed the vehicle because it was parked halfway in a handicap parking spot and halfway in a no-parking zone, and it lacked properly displayed license plates.5 As discussed above Stensland’s video shows that the deputies had watched as the vehicle’s occupants exited the vehicle and walked into a nearby washateria. Inside the washateria, Stensland and Villanueva encountered three individuals, including K.B. I. Stensland asked K.B. I to step outside with him. There, Stensland asked K.B. I who the vehicle belonged to. Initially, K.B. I denied that it was his vehicle. Then, he stated that it was “somebody else’s.” Stensland asked, why, then, did K.B. I get out of the driver’s side of the vehicle. K.B. I explained that the vehicle belonged to one of his friends, and that he was just retrieving something from inside. It was at that moment that Stensland detained K.B. I. As he placed K.B. I in handcuffs and 5 In Plaintiffs’ Omnibus Response to Defendants’ Motions to Dismiss, Plaintiffs appear to concede “[t]he fact that the vehicle . . . lacked license plates . . . .” ECF No. 19 at 10. Case 4:25-cv-02908 Document 29 Filed 02/11/26 in TXSD Page 13 of 33
14 told him that he was being detained, Stensland asked whether the vehicle was stolen, which K.B. I denied. The story that K.B. I was telling Stensland was suspicious and gave Stensland reason to investigate further. Stensland was clearly concerned that the vehicle might be stolen, and that concern appears to have been reasonable, even if it was mistaken. Moments after Stensland placed K.B. I in handcuffs, Brown approached. He believed that the deputies were subjecting his children to “unwarranted surveillance and kidnapping.” Am. Compl. at 4. Brown “requested that the deputies release [K.B. I] while explaining that he was the father of the child.” Id. Plaintiffs allege that deputies then “targeted their unlawful acts toward Mr. Brown” and detained him. Id. at 5. The video directly refutes Plaintiff’s allegations. When the two plaintiffs were detained, the deputies knew that the vehicle lacked properly displayed license plates. They knew that someone had parked the vehicle halfway in a handicap spot and halfway in a no-parking zone. And they knew that the last person whom they had observed in the driver’s side of the vehicle—K.B. I—gave them various non-committal answers about the vehicle’s ownership. They also knew that Brown was K.B. I’s father and possibly the vehicle’s owner, and thus the person responsible for improperly parking the vehicle, which lacked plates. It is also clear from the video that officers were attempting to de-escalate the situation and for that additional reason handcuffed Brown. These facts, viewed in the light most favorable to Plaintiffs, do not permit an inference that the deputies lacked reasonable suspicion when they detained K.B. I and Brown. Deputies, at minimum, had the requisite level of suspicion to detain both plaintiffs. See Williams v. Bolin, 694 F. Supp. 3d 904, 914 (S.D. Tex. Sep. 26, 2023) (finding probable cause where officers arrested the plaintiff because “his truck was parked a few inches over the Case 4:25-cv-02908 Document 29 Filed 02/11/26 in TXSD Page 14 of 33
15 line into the handicapped parking space” and “his vehicle was unregistered”). Thus, Stensland and Bass are entitled to qualified immunity on this claim. Plaintiffs’ claims against Stensland and Bass for the unlawful detention of K.B. I and Brown should be DISMISSED. B. Plaintiffs’ claim for unlawful detention of K.B. II fails because K.B. II was not detained. Plaintiffs allege that K.B. II was unlawfully detained without justification in violation of the Fourth Amendment because, while he was not physically restrained, K.B. II asserts that he did not feel free to leave. Am. Compl. at 4. To state a claim for unlawful detention, a plaintiff must allege that a detention, or seizure, occurred. Coons, 277 F. App’x at 470. “[A] person has been ‘seized’ within the meaning of the Fourth Amendment only if, in view of all the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave.” United States v. Mendenhall, 446 U.S. 544, 554 (1980). This test “is an objective one: not whether the citizen perceived that he was being ordered to restrict his movement, but whether the officer’s words and actions would have conveyed that to a reasonable person.” California v. Hodari D., 499 U.S. 621, 628 (1991). Plaintiffs assert that “K.B. II was not physically restrained or placed in custody” but “he reported that he did not feel free to leave.” Am. Compl. at 4. Plaintiffs also assert that K.B. II was “detained and interrogated by officers . . . .” Id. at 7. These allegations are entirely conclusory. There are no facts set forth in the complaint from which the court can conclude that K.B. II was detained. Moreover, none of the video footage supports these allegations. K.B. II is never shown in the vehicle or outside the washateria when K.B. I is detained. In the video, when Stensland Case 4:25-cv-02908 Document 29 Filed 02/11/26 in TXSD Page 15 of 33
16 and Villanueva enter the washateria, K.B. I can be seen sitting and talking to two other individuals. Stensland BWC, at 1:23– 1:31. After Stensland asked K.B. I to step outside with him, Villanueva told the other two individuals to “stay right there.” Id. at 1:37. Villanueva temporarily remained inside the washateria with the other two. Id. at 1:51. However, as Brown approached Stensland and K.B. I, Villanueva exited the washateria to intercept Brown. Id. at 2:44. The two other individuals remained inside. A few minutes later, both individuals that had been inside the washateria walked toward the exit of the washateria and sat down. Id. at 3:03–3:06. The two reappeared on video approximately twenty-four minutes later. Id. at 27:30. As the deputies searched Brown’s vehicle, both individuals walked toward the scene with others, including those identified as Brown’s wife and mother. Id. K.B. II is never heard identifying himself on camera, nor engaging with officers in any other capacity. Plaintiffs have not alleged facts that permit the inference that a reasonable person in K.B. II’s shoes would have believed that he was not free to leave. Accordingly, the Amended Complaint does not demonstrate that K.B. II was “seized” within the meaning of the Fourth Amendment. Because no Fourth Amendment seizure occurred, there was no constitutional violation, and Stensland and Bass are entitled to qualified immunity on this claim. Plaintiffs’ claim against Stensland and Bass for the unlawful detention of K.B. II should be DISMISSED. C. Plaintiffs’ claim for unlawful search of their vehicle fails because deputies reasonably believed that they had probable cause to justify the warrantless search. Plaintiffs allege that Stensland and Bass violated their Fourth Amendment right to be free from unlawful search by searching their vehicle in the absence of a warrant, Plaintiffs’ Case 4:25-cv-02908 Document 29 Filed 02/11/26 in TXSD Page 16 of 33
17 consent, or reasonable suspicion that Plaintiffs committed a crime. Am. Compl. at 8. “A warrantless search is presumptively unreasonable unless the circumstances fall under an exception to the Fourth Amendment’s warrant requirement.” United States v. Clayton, 98 F.4th 256, 261 (citing United States v. Guzman, 739 F.3d 241, 245–46 (5th Cir. 2014)). The automobile exception permits “a warrantless search of a readily mobile vehicle . . . when law enforcement has probable cause to believe the vehicle contains contraband or evidence of a crime.” Id. at 263. In other words, “if, under the totality of the circumstances, officers have probable cause to believe that a vehicle contains contraband, they are authorized to search the [vehicle] without a warrant.” United States v. Sinisterra, 77 F.3d 101, 105 (5th Cir. 1996) (citing United States v. Buchner, 7 F.3d 1149, 1154–55 (5th Cir. 1993)). Additionally, the plain-view exception permits a warrantless search where “(1) the police lawfully entered the area where the item was located; (2) the item was in plain view; (3) the incriminating nature of the item was ‘immediately apparent;’ and (4) the police had a lawful right of access to the item.” United States v. Rodriguez, 601 F.3d 402, 407 (5th Cir. 2010) (citing Horton v. California, 496 U.S. 128, 136–37 (1990)). The incriminating nature of an item is immediately apparent if the officer has “‘probable cause’ to believe that the item is either evidence of a crime or contraband.” Id. Probable cause exists “when the totality of the facts and circumstances within a police officer’s knowledge at the moment of arrest are sufficient for a reasonable person to conclude that the suspect had committed or was committing an offense.” Haggerty v. Tex. S. Univ., 391 F.3d 653, 655–56 (5th Cir. 2004). When a court reviews a police officer’s probable cause determination, it must consider whether the officer believed, under the totality of the circumstances, that there was a “fair probability” that a crime Case 4:25-cv-02908 Document 29 Filed 02/11/26 in TXSD Page 17 of 33
18 occurred. United States v. Garcia, 179 F.3d 265, 269 (5th Cir. 1999). A “fair probability” requires more than bare suspicion, but less than a preponderance of the evidence. Id. Additionally, the court’s review of the “totality of the circumstances” requires consideration of an “officers’ training and experience as well as their knowledge of the situation at hand.” United States v. Buchanan, 70 F.3d 818, 826 (5th Cir. 1995). Even “[i]f an officer reasonably but mistakenly believes that probable cause exists, he is entitled to qualified immunity.” Ramirez v. Martinez, 716 F.3d 369, 375 (citing Club Retro, L.L.C. v. Hilton, 568 F.3d 181, 206 (5th Cir. 2009)). It is undisputed that the deputies initiated a warrantless search of Brown’s vehicle. Plaintiffs assert that deputies had “no lawful basis to justify the search.” Am. Compl. at 5. Again, the BWC video blatantly contradicts Plaintiffs’ assertion. After Stensland checked Brown’s driver’s license and obtained K.B. I’s identifiers, Stensland returned to Brown’s parked vehicle. Stensland BWC, at 8:08–8:47. Stensland and Villanueva walked up to the driver’s side of the vehicle to check the Vehicle Identification Number and registration sticker. Id. at 9:00–9:09. From the deputies’ position outside of the vehicle, they observed what they believed to be a marijuana grinder and an open container of an alcoholic beverage in the vehicle’s center console. Id. Drug paraphernalia, such as a grinder, and open containers of alcohol are considered contraband. See United States v. Stoddard, 234 F. App’x 241, 244 (5th Cir. 2007) (“In close proximity was drug distribution paraphernalia, including a scale and a grinder.”); United States v. Martinez, No. CR C-08-29M, 2008 WL 620534, at *2 (S.D. Tex. Mar. 3, 2008) (“Furthermore, a search of defendant’s vehicle revealed no contraband, such as open containers of alcohol.”). Because this provided the officers with Case 4:25-cv-02908 Document 29 Filed 02/11/26 in TXSD Page 18 of 33
19 probable cause to believe that the Brown’s vehicle contained contraband, they were authorized to search it without a warrant. Plaintiffs repeatedly assert that their vehicle was parked on private property. Am. Compl. at 4, 5, 8, 9, 10, 35, 37. The court accepts this as true. However, the fact that a vehicle is parked on private property does not preclude application of exceptions to the Fourth Amendment’s warrant requirement. See Sinisterra, 77 F.3d at 104–05 (“This court has concluded that . . . probable cause alone suffices to justify a warrantless search of a vehicle lawfully parked in a public place, as long as the scope the search is reasonable.”) (emphasis in original) (internal quotations omitted). “The Supreme Court has held that the automobile exception to the warrant requirement applies when a vehicle is ‘readily capable’ of ‘being used on the highways’ and it ‘is found stationary in a place not regularly used for residential purposes . . . .’” Id. at 104 (quoting California v. Carney, 471 U.S. 386, 392 (1985)). The court recommends that Plaintiffs’ Fourth Amendment claim against Stensland and Bass based on the search of Plaintiffs’ vehicle be DISMISSED. D. Plaintiffs’ claim for false arrest fails because Stensland reasonably believed probable cause supported the arrest. The court must consider whether Plaintiffs pleaded specific facts allowing the court to draw the reasonable inference that Stensland and Bass violated Brown’s Fourth Amendment right to be free from arrest without probable cause. When “an officer has probable cause to believe that an individual has committed even a very minor criminal offense in his presence, he may, without violating the Fourth Amendment, arrest the offender.” Atwater v. Lago Vista, 532 U.S. 318, 354 (2001). Such minor criminal offenses may include misdemeanor offenses under the Texas Case 4:25-cv-02908 Document 29 Filed 02/11/26 in TXSD Page 19 of 33
20 Transportation Code, like “unlawfully parking in a handicapped spot” and “failure to register a vehicle.” Williams, 694 F. Supp. 3d at 914 (citing Tex. Transp. Code Ann. §§ 681.011(g), 502.472, 502.471(c)). However, if a police officer lacks probable cause when he makes an arrest, it is a “false arrest.” Scott v. City of Mandeville, 69 F.4th 249, 255 (5th Cir. 2023). A plaintiff who claims that a false arrest occurred “must clear a significant hurdle to defeat qualified immunity.” Brown v. Lyford, 243 F.3d 185, 190 (5th Cir. 2001). “An officer is due qualified immunity, even if he did not have probable cause to arrest a suspect, so long as a reasonable person in his position would have believed that his conduct conformed to the constitutional standard in light of the information available to him and the clearly established law.” Perry v. Mendoza, 83 F.4th 313, 317 (5th Cir. 2023) (internal quotations and citations omitted). “Thus, plaintiffs must allege facts permitting an inference that defendants lacked arguable (that is, reasonable but mistaken) probable cause for the arrests.” Club Retro, 568 F.3d at 207. Plaintiffs assert that deputies lacked probable cause for Brown’s arrest. Am. Compl. at 4. However, the vehicle was parked halfway in a handicap parking spot with no license plates displayed, and the police found a firearm and marijuana in the vehicle. Brown was detained while the police investigated the scene, including searching the vehicle, ownership of the vehicle, and discussion of charges with the District Attorney. The District Attorney accepted charges for unlawfully carrying a weapon and Brown was arrested and brought to jail on that charge. All of this is patently clear on the video. Under Texas Penal Code § 46.02(a-1), a person commits a Class A misdemeanor if he possesses a firearm in a motor vehicle under his control while the person is engaged in criminal activity other than a Class C traffic Case 4:25-cv-02908 Document 29 Filed 02/11/26 in TXSD Page 20 of 33
21 violation. The deputies had before them sufficient facts to arrest Brown under that Section. Possession of marijuana is criminal activity in the State of Texas. Tex. Health & Safety Code Ann. § 481.121 (making possession of a “usable quantity of marijuana” under two ounces a Class B misdemeanor). The fact that the case against Brown was later dismissed due to insufficient evidence does not change the court’s analysis, which is confined to the facts and circumstances known to deputies at the time of Brown’s arrest. See also Tex. Dep’t of Pub. Safety v. Williams, 76 S.W.3d 647, 651 (Tex. App.—Corpus Christi– Edinburg 2002, no pet.) (“Insufficient evidence to convict does not equate to a lack of probable cause to indict.”). Because Plaintiffs have not alleged facts that permit an inference that deputies lacked arguable probable cause for Brown’s arrest, the court recommends that Plaintiffs’ claim against Stensland and Bass for false arrest be DISMISSED. E. Plaintiffs’ claim for malicious prosecution also fails because deputies reasonably believed that there was probable cause to support the arrest. Stensland argues that the court should not consider Plaintiffs’ malicious prosecution claim against him, as it is a “new claim” asserted in Plaintiffs’ Response. ECF No. 20 at 1. A motion to dismiss under Rule 12(b)(6) focuses on the allegations in the pleadings. Walker, 938 F.3d at 735. It is true that Plaintiffs Amended Complaint does not explicitly assert a claim of malicious prosecution against Stensland. However, because the Amended Complaint does include such a claim against Casmer, and Plaintiffs plead identical facts against Casmer and Stensland, the court will consider the claim. To state a claim for malicious prosecution, a plaintiff must show “(1) the commencement or continuance of an original criminal proceeding; (2) its legal causation by the present Case 4:25-cv-02908 Document 29 Filed 02/11/26 in TXSD Page 21 of 33
22 defendant against plaintiff who was defendant in the original proceeding; (3) its bona fide termination in favor of the present plaintiff; (4) the absence of probable cause for such proceeding; (5) malice; and (6) damages.” Armstrong v. Ashley, 60 F.4th 262, 279 (5th Cir. 2023). Plaintiffs assert that Stensland and Casmer “submitted a sworn affidavit in support of a criminal charge against Mr. Brown[,]” which “contained materially false statements” and “omitted key facts.” Am. Compl. at 5. These key facts include that “the incident occurred on private property, not as part of a legal traffic stop, and the initial ‘suspects . . . two Black males’ were children.” Id. (alterations in original). They assert that Stensland also “failed to advise intake that [Brown] was not inside the car, the car had been parked[,] and he did not witness him driving.” Id. at 37. As to Bass, Plaintiffs’ assert that “Bass failed to provide a report,” and, like Stensland, Bass “failed to advise intake that Plaintiff, Ken Brown, was not inside the car; the car had been parked and he did not witness him driving.” Id. Plaintiffs argue that, “[a]s a direct result of [the officers’] false allegations[,] Ken Brown’s case went forward and [he] was prosecuted.” Id. at 38. Plaintiffs argue that the Defendants are not entitled to qualified immunity because “officers are not shielded when they mislead judicial officers.” ECF No. 19 at 10. In support of this assertion, confoundingly, Plaintiffs cite Malley v. Briggs, 475 U.S. 335, 345 (1986), which held, in part, that a police officer was entitled to qualified immunity even though the officer’s “request for a warrant allegedly caused an unconstitutional arrest.” The court has already determined that Plaintiffs have not alleged, and could not allege, facts that permit the inference that deputies lacked arguable probable cause for Brown’s arrest—the same arrest that initiated the prosecution upon which Plaintiffs’ potential malicious prosecution claim is based. That deputies did Case 4:25-cv-02908 Document 29 Filed 02/11/26 in TXSD Page 22 of 33
23 not witness Brown inside of or driving the car is of no importance to the deputies’ probable cause determination, as Brown admitted to being the driver of the vehicle. That the car had been parked in a public area also does not negate deputies’ probable cause determination because the way that the vehicle was parked is exactly what drew deputies’ attention to the vehicle in the first place. Therefore, because Plaintiffs have not stated facts that allow the inference that deputies’ lacked probable cause to arrest Brown and initiate the criminal case against him, the malicious prosecution claim against Stensland, Bass, and Casmer should be DISMISSED. F. The impoundment of Plaintiffs’ vehicle did not violate Plaintiffs’ clearly established constitutional rights under the First or Fourth Amendments. It is undisputed that deputies impounded Plaintiffs’ vehicle. Plaintiffs allege that this action violated their constitutional rights. However, based on Plaintiffs’ Amended Complaint, it is difficult to discern which constitutional rights Plaintiffs believe that the impoundment violated. The court addresses Plaintiffs’ potential claims under the Fourth Amendment and the First Amendment. To the extent that Plaintiffs intended to assert that the deputies’ decision to impound the vehicle amounted to a warrantless seizure under the Fourth Amendment, their claim fails. “Impounding a vehicle qualifies as a seizure subject to a Fourth Amendment analysis.” Degenhardt, 117 F.4th at 756. The “community caretaker exception” to the Fourth Amendment’s warrant requirement permits law enforcement officers to “impound vehicles in furtherance of ‘public safety’ or ‘community caretaking functions’ such as removing ‘disabled or Case 4:25-cv-02908 Document 29 Filed 02/11/26 in TXSD Page 23 of 33
24 damaged vehicles’ and ‘automobiles that violate parking ordinances . . . jeopardizing both the public safety and the efficient movement of vehicular traffic.’” Id. (quoting South Dakota v. Opperman, 428 U.S. 364, 368–69 (1976)) (cleaned up). The court’s consideration of whether the community caretaking exception applies “hinges upon the reasonableness of the . . . impound viewed in the context of the facts and circumstances encountered by the officer.” Id. (quoting United States v. McKinnon, 681 F.3d 203, 208 (5th Cir. 2012)). According to Plaintiffs, the usual course of action for “a vehicle illegally parked in a disabled parking space would be to issue a citation to the registered owner,” not to tow it. Id. at 9. They argue that the deputies should have allowed Brown’s wife or mother, who were on-scene, to take possession of the vehicle. Id. at 10. They assert that “[h]andicap parking . . . tows are unlawful unless there have been numerous prior handicap parking violations, but there had not been any violations in the past.” Id. Plaintiffs cite no authority to support their assertions. Throughout their Amended Complaint, Plaintiffs seemingly ignore the fact that the vehicle lacked license plates. In Texas, it is illegal to operate on a public highway any vehicle that does not properly display two license plates. Tex. Transp. Code Ann. § 504.943(a). Simply by taking control of the vehicle and driving it to another location, the driver—Brown’s wife or mother—would be committing a criminal offense. Because merely operating the vehicle would be a violation of state traffic laws, it is not a violation of any clearly established constitutional right for the deputies to apply the community caretaking exception and impound the vehicle. Stensland and Bass are entitled to qualified immunity on this claim. To the extent that Plaintiffs intended to assert a claim for First Amendment retaliation because of the deputies’ decision to Case 4:25-cv-02908 Document 29 Filed 02/11/26 in TXSD Page 24 of 33
25 impound the vehicle, that claim also fails. Plaintiffs allege that the deputies retaliated against them, in violation of the First Amendment, by towing their vehicle despite the presence of family members who could have taken possession of the vehicle, when it is not the typical course of action to tow a vehicle that is improperly parked in a handicap parking spot. Am. Compl. at 35. To state a claim for First Amendment retaliation, a plaintiff “must show that (1) they were engaged in constitutionally protected activity, (2) the defendants’ actions caused them to suffer an injury that would chill a person of ordinary firmness from continuing to engage in that activity, and (3) the defendants’ adverse actions were substantially motivated against the plaintiffs’ exercise of constitutionally protected conduct.’” Izen v. Catalina, 398 F.3d 363, 367 (5th Cir. 2005) (internal quotations omitted). To prevail on such a claim, a plaintiff must establish a ‘causal connection’ between the government defendant's ‘retaliatory animus’ and the plaintiff's ‘subsequent injury.’” Batyukova v. Doege, 994 F.3d 717, 730 (5th Cir. 2021). Plaintiffs assert that “[t]he law was clearly established in the Fifth Circuit of the United States that it was a violation of the [F]irst [A]mendment of the Constitution to retaliate against individuals by towing a vehicle under a circumstance that is not the usual course . . . .” Am. Compl. at 35 (citing no cases in support). They plead that the impoundment of the vehicle was directly linked to the handicap-parking violation, which typically only warrants the issuance of a citation. Id. at 9. Plaintiffs’ Amended Complaint does not contain any assertion that the Plaintiffs were engaged in a constitutionally protected activity at the time deputies decided to tow the vehicle. Plaintiffs also failed to assert that the deputies towed the vehicle because Plaintiffs engaged in a constitutionally protected activity. Case 4:25-cv-02908 Document 29 Filed 02/11/26 in TXSD Page 25 of 33
26 In their Response to Defendants’ Motions to Dismiss, Plaintiffs argue that they “pleaded the deputies retaliated by towing Brown’s vehicle after he engaged in the lawful protected act of using words to protest his minor son’s unlawful detention.” ECF No. 19 at 12. Were it true that Plaintiffs had included this allegation in their Amended Complaint, their First Amendment retaliation claim still would not survive Defendants’ Motions to Dismiss. There is nothing to suggest that the deputies’ decision to tow the vehicle was substantially motivated against Brown’s exercise of “using words to protest” K.B. I’s detention. And even if the court granted Plaintiffs leave to amend their complaint to add these assertions, their claim would fail. The assertion that the decision to tow the vehicle was substantially motivated by Brown’s verbal protest is blatantly contradicted by Stensland’s BWC. The video shows that Stensland radios for a tow truck only after beginning a search of the vehicle and discovering one of the firearms in the console. Stensland BWC, at 12:42. Because Plaintiffs’ Amended Complaint does not demonstrate that they were engaged in a constitutionally protected activity, and because, even if they had alleged a constitutionally protected activity, they have not shown that such activity substantially motivated the deputies’ decision to tow their vehicle, Plaintiffs have not stated a claim for First Amendment retaliation. Since Plaintiffs have not established that their rights under the Fourth Amendment or First Amendment were violated by the impoundment of their vehicle, Stensland and Bass are entitled to qualified immunity on these claims. The court recommends that these claims against Stensland and Bass be DISMISSED. Case 4:25-cv-02908 Document 29 Filed 02/11/26 in TXSD Page 26 of 33
27 G. Plaintiffs have not stated a claim for violations of Equal Protection under the Fourteenth Amendment. Plaintiffs contend that they were racially profiled and subject to targeted surveillance, absent criminal conduct, because they are Black males. Am. Compl. at 6, 26. “To make out an equal protection violation, a party . . . must ‘prove the existence of purposeful discrimination motivating the state action which caused the complained-of injury.’” Allen v. Hays, 65 F.4th 736, 748 (5th Cir. 2023) (quoting Johnson v. Rodriguez, 110 F.3d 299, 306 (5th Cir. 1997)). In the context of racially selective enforcement, like racial profiling, “the plaintiff must allege and prove that [they] received treatment different from that received by similarly situated individuals and that the unequal treatment stemmed from a discriminatory intent.” Stout v. Vincent, 717 F. App’x 468, 471–72 (5th Cir. 2018). Plaintiffs allege that “Ken Brown, as a Black male, is a member of a constitutionally protected class, along with his sons.” Am. Compl. at 6. Plaintiffs make the bald assertion that “[i]t was Villanueva’s ‘idea’ to racially profile and violate Ken Brown and his son’s rights to be free from unlawful seizure . . . .” Id. at 36. They allege that “deputies targeted two Black teenagers sitting quietly in a parked vehicle[.]” ECF No. 19 at 7. Plaintiffs argue that “no crime had been committed[,]” so “there was no other basis for the detention other than racial profiling in violation of the Fourteenth Amendment.” Id. at 36. In support of this assertion, Plaintiffs allege that the deputies “made statements implying that the stop was pretextual and retaliatory in nature[,]” such as “we don’t do that, GANG, GANG.” Id. at 7. Additionally, Plaintiffs assert that “deputies ignored the presence of Brown’s wife and mother but pursued arrest and tow actions inconsistent with lawful parking enforcement.” ECF No. 19 at 7. Case 4:25-cv-02908 Document 29 Filed 02/11/26 in TXSD Page 27 of 33
28 The court accepts as true that deputies said, “We don’t do that, GANG, GANG.” Even so, that assertion is insufficient to establish that officers were motivated by racial discrimination. The “GANG, GANG” comment is at the very end of the video and is made from one officer to another apparently as part of an inside joke. The comment is made after the decision to arrest and tow were already made and after K.B. I was released. The basis for Plaintiffs’ first example of racially selective enforcement is the deputies’ decision to detain K.B. I and Brown. As previously discussed, the video contradicts plaintiffs’ assertion that “there was no other basis for the detention other than racial profiling.” The video shows that deputies began observing the vehicle because of the way it was parked and its lack of license plates. After watching K.B. I exit the driver’s side of the vehicle, deputies approached and, ultimately, detained him. Plaintiffs did not allege that this treatment was different from that received by similarly situated individuals. They did not point to examples of any non-Black individuals who were improperly parked in a handicap spot, in a vehicle lacking license plates, and were not subject to an investigatory stop by law enforcement. The basis for Plaintiffs’ second example of racially selective enforcement is deputies’ decision to tow their vehicle. Plaintiffs assert that law enforcement typically issues a citation for vehicles that are improperly parked in handicap spots, while the Brown’s vehicle was towed. Am. Compl. at 9. Plaintiffs did not identify a situation in which officers did not tow a vehicle belonging to a non- Black person arrested for a misdemeanor, who had also improperly parked a vehicle, and whose vehicle had no license plates displayed. Accordingly, Plaintiffs failed to allege that there are similarly situated individuals who have been treated differently because of their race. It is also clear that the deputies had valid Case 4:25-cv-02908 Document 29 Filed 02/11/26 in TXSD Page 28 of 33
29 reasons for taking the actions that they did. There are no facts from which the court can infer a motivation based on racial animus. Because Plaintiffs have not sufficiently alleged that they received treatment different from that received by similarly situated individuals, or that the unequal treatment stemmed from officers’ discriminatory intent, their claim for racial profiling fails. The court recommends that Plaintiffs’ claim against Stensland, Bass, and Villanueva for violation of equal protection under the Fourteenth Amendment should be DISMISSED. H. Plaintiffs have not stated a cognizable claim under the Fifth Amendment. Plaintiffs allege that K.B. I and K.B. II were “detained and interrogated by officers without being informed of their Fifth Amendment right to remain silent.” Am. Compl. at 7. This allegation amounts to a Miranda violation. And a Miranda violation does not confer a right to sue under 42 U.S.C. § 1983. Vega v. Tekoh, 597 U.S. 134, 152 (2022). In their Response to Defendants’ Motions to Dismiss, Plaintiffs concede that “there is no ‘Miranda’ claim” under Vega. ECF No. 19 at 8. This claim fails should be DISMISSED. I. Plaintiffs’ failure to intervene claims fail because Plaintiffs have not sufficiently alleged any underlying constitutional violations. Plaintiffs allege that Stensland, Bass, and Villanueva “each failed to intervene to prevent the others’ violation of the constitutional rights of the plaintiffs because they had no incentive to do so.” Am. Compl. at 41. A claim for failure to intervene is one for bystander liability. Whitley v. Hanna, 726 F.3d 631, 646 (5th Cir. 2013). To state a claim for bystander liability, a plaintiff must show that the officer “(1) knows that a fellow officer is Case 4:25-cv-02908 Document 29 Filed 02/11/26 in TXSD Page 29 of 33
30 violating an individual’s constitutional rights; (2) has a reasonable opportunity to prevent the harm; and (3) chooses not to act.” Id. Plaintiffs have not sufficiently alleged that the deputies violated their constitutional rights in any way. Accordingly, Plaintiffs cannot show the first element of the claim for bystander liability against any of the individual defendants. Therefore, the court recommends that Plaintiffs’ claims against Stensland, Bass, and Villanueva for failure to intervene be DISMISSED. J. Plaintiffs’ state law claims have not been properly presented to the court. In their Omnibus Response to Stensland and Bass’s Motions to Dismiss, Plaintiffs state that their Amended Complaint “also allege[s] facts to support Texas state-law claims for false imprisonment, trespass, abuse of process, and intentional infliction of emotional distress.” ECF No. 19 at 5. Stensland and Bass assert that Plaintiffs’ Amended Complaint does not allege these state-law claims, and they request the court “to not consider” these “new matters.” ECF Nos. 20 at 1, 21 at 1. The court agrees that Plaintiffs’ Amended Complaint does not allege any state law claims against the named defendants. Moreover, even if it did, the court would decline to exercise supplemental jurisdiction over those claims. See The Lamar Co. v. Miss. Transp. Comm’n, 976 F.3d 524, 528 (5th Cir. 2020) (stating that generally, “a court should decline to exercise jurisdiction over remaining state-law claims when all federal-law claims are eliminated before trial”). This case is in its very early stages, discovery has been stayed (ECF No. 26), and the factors of judicial economy, convenience, fairness, and comity weigh against exercising supplemental jurisdiction. Case 4:25-cv-02908 Document 29 Filed 02/11/26 in TXSD Page 30 of 33
31 5. Claims Against Defendants Harris County and Harris County Sheriff Ed Gonzalez Plaintiffs assert two Monell claims against Harris County and Harris County Sheriff Ed Gonzalez. Am. Compl. at 38. The first is a supervisory liability claim based on Sheriff Gonzalez and Harris County’s alleged failure to adequately train, supervise, or discipline Stensland, Bass, Villanueva, Casmer, and other Harris County Sheriff’s Office officers. Id. The second is a policy, practice, or custom claim based on Harris County Sheriff’s Office’s alleged history of unlawful arrests. Id. at 39–41. To prevail on a Monell claim, a plaintiff must establish (1) an official policy or custom; (2) the policymaker of that policy or custom; and (3) a constitutional violation that the policy or custom was the “moving force” behind. Moore v. LaSalle Mgmt. Co., 41 F.4th 493, 509 (5th Cir. 2022). For Plaintiffs to prevail on their Monell claims, they must show that they suffered a constitutional violation. The court has already found that Plaintiffs did not allege facts supporting any constitutional violations. Accordingly, the court recommends that Plaintiffs’ claims against Harris County and Harris County Sheriff Ed Gonzalez be DISMISSED. 6. Allowing Plaintiffs to amend their complaint for a second time would be futile. Plaintiffs request leave to amend their complaint for a second time “[s]hould the Court see fit to grant [the] Motion[s] to Dismiss in whole or in part.” ECF No. 19 at 18. “Dismissing an action after giving the plaintiff only one opportunity to state his case is ordinarily unjustified.” Davoodi v. Austin Indep. Sch. Dist., 755 F.3d 307, 310 (5th Cir. 2014) (quoting Jacquez v. Procunier, 801 F.2d 789, 792 (5th Cir. 1986)). If the plaintiff seeks leave to amend, she “must give the court at least some notice of what . . . her amendments would be and how those amendments would cure the initial complaint’s defects.” Scott v. U.S. Bank Nat’l Case 4:25-cv-02908 Document 29 Filed 02/11/26 in TXSD Page 31 of 33
32 Ass’n, 16 F.4th 1204, 1209 (5th Cir. 2021) (citation omitted). The court may deny leave “[i]f the plaintiff does not provide a copy of the amended complaint [or] explain how the defects could be cured[.]” Id. (citation omitted). The court may also deny leave to amend when amendment would be futile or when the plaintiff chooses to stand on her complaint and argues that it satisfies the pleading requirements. See Khoury v. Thota, No. 20-20578, 2021 WL 3919248, at *4 (5th Cir. 2021) (affirming the district court’s denial of leave to amend when the plaintiff chose to stand on his complaint and argued that it satisfied the pleading requirements); Wimm v. Jack Eckerd Corp., 3 F.3d 137, 139 (5th Cir. 1993) (discussing futility of amendment as justification for denying leave to amend). Here, Plaintiffs merely “request[] the opportunity to repled [sic] to add additional facts discovered . . . .” ECF No. 19 at 18. Plaintiffs give no indication of what their amendments would be or how those amendments would overcome the deficiencies raised by Stensland and Bass. There is nothing in Plaintiffs’ Response to the instant motions that demonstrates that Plaintiffs could overcome the deficiencies or somehow shed a different light on the uncontroverted facts shown on video. Accordingly, amendment would be futile and leave to amend is DENIED. 7. Conclusion The court recommends that Bass’s Motion to Dismiss, ECF No. 15, and Stensland’s Motion to Dismiss, ECF No. 16, be GRANTED, and that all of Plaintiffs’ federal claims against Defendants Stensland, Bass, Villanueva, and Casmer be DISMISSED WITH PREJUDICE. Case 4:25-cv-02908 Document 29 Filed 02/11/26 in TXSD Page 32 of 33
33 The court also recommends that Plaintiffs’ Monell claims against Defendants Harris County and Harris County Sherriff Ed Gonzalez be DISMISSED WITH PREJUDICE. The parties have fourteen days from service of this Memorandum and Recommendation to file written objections. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72. Failure to timely file objections will preclude appellate review of factual findings or legal conclusions, except for plain error. See Thomas v. Arn, 474 U.S. 140, 147–49 (1985); Rodriguez v. Bowen, 857 F.2d 275, 276–77 (5th Cir. 1988). Signed at Houston, Texas, on February 11, 2026. ______________________________________ Peter Bray United States Magistrate Judge Case 4:25-cv-02908 Document 29 Filed 02/11/26 in TXSD Page 33 of 33
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