6:25-cv-00074•Hernandez v. Victoria County et al
Texte intégral
1 / 30 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS VICTORIA DIVISION JOE RICHARD HERNANDEZ, JR., Plaintiff, VS. § § § § § § § § § § CIVIL ACTION NO. 6:25-CV-00074 VCSO VICTORIA COUNTY SHERIFF OFFICE, et al., Defendants. MEMORANDUM AND RECOMMENDATION TO RETAIN CASE AND DISMISS CERTAIN CLAIMS Plaintiff Joe Richard Hernandez, Jr., appearing pro se and in forma pauperis, has filed this prisoner civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff’s case is subject to screening pursuant to the Prison Litigation Reform Act. See 42 U.S.C. § 1997e(c); 28 U.S.C. §§ 1915(e)(2), 1915A. For purposes of screening pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1) and the reasons set forth below, the undersigned respectfully recommends that the district court RETAIN Plaintiff’s municipal liability claim against Victoria County with respect to its alleged policy or custom that restricts or denies inmates access to mental health treatment. The undersigned will order service separately on Victoria County with respect to this claim retained in this case. The undersigned respectfully recommends further that the district court: United States District Court Southern District of Texas ENTERED March 19, 2026 Nathan Ochsner, Clerk Case 6:25-cv-00074 Document 15 Filed 03/19/26 in TXSD Page 1 of 30
2 / 30 ● DISMISS with prejudice Plaintiff’s Fourteenth Amendment due process claims (episodic-acts-or-omissions claims) seeking compensatory damages against Officers Williams and Baylor in their individual capacities as frivolous or for failure to state a claim for relief; ● DISMISS with prejudice Plaintiff’s Fourteenth Amendment deliberate indifference claim (conditions-of-confinement claim) seeking compensatory damages against Sheriff Marr in his individual capacity as frivolous or for failure to state a claim for relief; ● DISMISS with prejudice Plaintiff’s Fourteenth Amendment deliberate indifference claims (episodic-acts-or-omissions claims) against Officers Williams and Baylor in their individual capacities as frivolous or for failure to state a claim for relief; and ● DISMISS without prejudice Plaintiff’s claims against Sheriff Marr, Officer Williams, and Officer Baylor in their official capacities. I. JURISDICTION The Court has federal question jurisdiction pursuant to 28 U.S.C. § 1331. This case has been referred to the undersigned magistrate judge for case management and making recommendations on dispositive motions pursuant to 28 U.S.C. § 636. II. BACKGROUND A. Procedural Background and Allegations Plaintiff currently is confined as a pretrial detainee at the Victoria County Jail in Victoria, Texas. In his Amended Complaint,1 Plaintiff sues: (1) the Victoria County Sheriff’s Office; (2) Sheriff Justin Marr; (3) Guard Officer Williams; and (4) Guard Officer 1 Plaintiff’s Amended Complaint is the operative complaint in this case. Case 6:25-cv-00074 Document 15 Filed 03/19/26 in TXSD Page 2 of 30
3 / 30 Baylor. (D.E. 5, pp. 1, 3). At the Court’s direction, Plaintiff has filed a More Definite Statement to further explain his claims. (D.E. 14). Plaintiff alleges the following in his Amended Complaint and More Definite Statement. On September 2, 2025, Plaintiff was taken into custody on two charges of felony possession of a controlled substance. (D.E. 14, p. 1). Plaintiff is not aware of any trial date set for his Victoria County criminal proceeding. Id. Sometime between October 8 and 10, 2025, inmate Ethan Perez attempted to hang himself and commit suicide in Cell 2092. (D.E. 5, p. 4; D.E. 14, p. 2). After he noticed inmate Perez was hanging, Plaintiff alleges: ● he banged on the window to notify an unidentified guard about what was happening; ● he woke up an inmate named “David” to inform him about Perez; ● David instructed Plaintiff and another inmate named “Solozano” to help; ● Plaintiff held up Perez while David and Solozano untied inmate Perez; ● guards then came into the cell and told Plaintiff, David, and Solozano to get away from Perez; ● Plaintiff stepped back away from Perez while David positioned Perez on the floor; ● Officers Williams and Baylor were two of the Victoria County Jail officials who entered Cell 2092; and ● Plaintiff, David, and Solozano complied with the Officers Williams’ and Baylor’s instruction to exit the cell. (D.E. 5; p. 4; D.E. 14, pp. 2-3). Case 6:25-cv-00074 Document 15 Filed 03/19/26 in TXSD Page 3 of 30
4 / 30 Plaintiff alleges that Officers Williams and Baylor removed Plaintiff from Cell 2092 and placed him in a holding cell. (D.E. 14, p. 3). Officer Williams, Plaintiff says, then took Plaintiff to lockdown/segregation without giving Plaintiff a disciplinary action or hearing. Id. at 3-4. According to Plaintiff, Officer Williams explained he was taking Plaintiff to lockdown/segregation because he tried to help Perez. Id. at 3. Plaintiff states that, on the way to lockdown/segregation, he asked to be taken to medical for mental health concerns in the wake of the attempted suicide incident. Id. at 4. Officer Williams responded that Plaintiff needed to “put in a sick call on the kiosk.” Id. Plaintiff put in a sick call request in October 2025 as instructed. Id. at 5. Plaintiff alleges that he was in lockdown/segregation for several months—from the day of Perez’s attempted suicide in October 2025 until January 16, 2026. Id. at 5. Plaintiff asserts he suffered mental issues and distress as a result of seeing Perez’s attempted suicide, consisting of being in shock and having nightmares, depression, anxiety, and nausea. Id. at 3. Plaintiff states he was kept alone in a cell for close to four months without the chance to be evaluated by or otherwise talk to a mental health professional. (D.E. 5, p. 5; D.E. 14, pp. 3-4). Plaintiff states further that he has not received any medical attention or been placed on any medications for mental health issues arising from the traumatic incident involving Perez’s attempted suicide. (D.E. 5, p. 5). According to Plaintiff, he did not see either Officer Williams or Officer Baylor while in lockdown/segregation. (D.E. 14, pp. 4-5). While in lockdown/segregation, Plaintiff says, Officers Hernandez and Gonzalez told Plaintiff to put in a sick call request Case 6:25-cv-00074 Document 15 Filed 03/19/26 in TXSD Page 4 of 30
5 / 30 on the kiosk. Id. at 5. Plaintiff alleges further that he asked Officers Moore and Martinez to be taken to medical but was told by them to put in a sick call request on the kiosk to which Plaintiff complied. Id. Plaintiff explains that he was ultimately taken out of lockdown/segregation on January 16, 2026 and is currently in general population. Id. at 6. B. Plaintiff’s Construed Legal Claims and Prayor for Relief Based on his statements in his Amended Complaint and More Definite Statement, and based also on the Court’s liberal and broad construction of his claims, the undersigned understands Plaintiff’s claims in this action against each of the named defendants to be the following: ● Sheriff Marr (sued in both his individual and official capacity) violated Plaintiff’s Eighth Amendment rights by denying him medical attention and mental health treatment for his mental trauma suffered following Perez’s attempted suicide. (D.E. 14, pp. 6-7). ● Officer Williams (sued in both his individual and official capacity) violated Plaintiff’s: (1) due process rights by not providing Plaintiff with either a disciplinary hearing or proper reason before taking him down to lockdown/segregation where he stayed for over three months; and (2) Eighth Amendment rights by denying him access to mental health care after Plaintiff made such a request to address his mental trauma suffered following Perez’s attempted suicide. Id. at 7-8. ● Officer Baylor (sued in both his individual and official capacity) violated Plaintiff’s: (1) due process rights by not providing Plaintiff with either a disciplinary hearing or proper reason before taking him down to lockdown/segregation where he stayed for over three months; and (2) Eighth Amendment rights by denying him access to mental health care after Plaintiff made such a request to address his mental trauma suffered following Perez’s attempted suicide. Id. at 8. Plaintiff first seeks monetary relief as compensation for his “pain, suffering, negligence, mental anguish, wrongful punishment, and emotional distress.” (D.E. 5, p. 4; Case 6:25-cv-00074 Document 15 Filed 03/19/26 in TXSD Page 5 of 30
6 / 30 D.E. 14, pp. 8-9). Plaintiff also seeks injunctive relief in the form of directing the Victoria County Jail to have mental health providers and assistance on staff due to the high suicide rate at the jail and for Plaintiff to receive medical attention for his mental health issues. (D.E. 14, pp. 8-9). III. GOVERNING LAW A. Legal Standard for Screening of Plaintiff’s Action When a prisoner seeks to proceed in forma pauperis the Court shall evaluate the complaint and dismiss it without service of process if the Court finds the complaint frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A. See 28 U.S.C. § 1915(e)(2)(B) (providing that a court shall review an in forma pauperis complaint as soon as practicable and dismiss it if it is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from an immune defendant). A claim is frivolous if it has no arguable basis in law or fact. Neitzke v. Williams, 490 U.S. 319 (1989). A claim has no arguable basis in law if it is based on an indisputably meritless legal theory, “such as if the complaint alleges the violation of a legal interest which clearly does not exist.” Davis v. Scott, 157 F.3d 1003, 1005 (5th Cir. 1998). A claim has no arguable basis in fact if “after providing the plaintiff the opportunity to present additional facts when necessary, the facts alleged are clearly baseless.” Talib v. Gilley, 138 F.3d 211, 213 (5th Cir. 1998). Case 6:25-cv-00074 Document 15 Filed 03/19/26 in TXSD Page 6 of 30
7 / 30 “In analyzing the complaint, [the Court] will accept all well-pleaded facts as true, viewing them in the light most favorable to the plaintiff.” Jones v. Greninger, 188 F.3d 322, 324 (5th Cir. 1999). “The issue is not whether the plaintiff will ultimately prevail, but whether he is entitled to offer evidence to support his claim. Thus, the Court should not dismiss the claim unless the plaintiff would not be entitled to relief under any set of facts or any possible theory that he could prove consistent with the allegations in the complaint.” Id. (citations omitted). “Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Plaintiff must allege sufficient facts in support of its legal conclusions that give rise to a reasonable inference that Defendant is liable. Id.; Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 556 (2007). The factual allegations must raise Plaintiff’s claim for relief above the level of mere speculation. Twombly, 550 U.S. at 555. As long as the complaint, taken as a whole, gives rise to a plausible inference of actionable conduct, Plaintiff’s claim should not be dismissed. Id. Pleadings filed by pro se litigants like Plaintiff are construed using a less stringent standard of review. Documents filed by pro se litigants are to be liberally construed, and pro se complaints, however inartfully drafted they might be, are held to less stringent standards than formal pleadings drafted by lawyers. See Oliver v. Scott, 276 F.3d 736, 740 (5th Cir. 2002) (citing Haines v. Kerner, 404 U.S. 519, 520 (1972)); see also Estelle v. Gamble, 429 U.S. 97, 106 (1976). A plaintiff’s well-pleaded factual allegations in the complaint are to be taken as true for purposes of screening, but such deference does not Case 6:25-cv-00074 Document 15 Filed 03/19/26 in TXSD Page 7 of 30
8 / 30 extend to conclusory allegations, unwarranted factual inferences, or legal conclusions. DeMarco v. Davis, 914 F.3d 383, 386-87 (5th Cir. 2019). B. Relevant law regarding § 1983 Section 1983 provides a vehicle for redressing the violation of federal law by those acting under color of state law. Nelson v. Campbell, 541 U.S. 637, 643 (2004). To prevail on a § 1983 claim, the plaintiff must prove that a person acting under the color of state law deprived him of a right secured by the Constitution or laws of the United States. 42 U.S.C. § 1983; West v. Atkins, 487 U.S. 42, 48 (1988). A defendant acts under color of state law if he misuses or abuses official power and if there is a nexus between the victim, the improper conduct, and the defendant’s performance of official duties. Townsend v. Moya, 291 F.3d 859, 861 (5th Cir. 2002). “Personal involvement is an essential element of a civil rights cause of action.” Thompson v. Steele, 709 F.2d 381, 382 (5th Cir. 1983). IV. DISCUSSION A. Individual Capacity Claims The Fifth Circuit characterizes “§ 1983 violations of a pretrial detainee’s rights as either episodic-acts-or-omissions claims or conditions-of-confinement claims.” Sanchez v. Young Cnty., Texas, 956 F.3d 785, 791 (5th Cir. 2020). For a conditions-of-confinement claim, the relevant question is whether general jail conditions “amount to punishment of the detainee.” Bell v. Wolfish, 441 U.S. 520, 535 (1979); Flores v. Cnty. of Hardeman, Tex., 124 F.3d 736, 738 (5th Cir. 1997). “To state such a claim, a plaintiff must plead facts that plausibly establish that (1) a condition (2) that is not reasonably related to a legitimate Case 6:25-cv-00074 Document 15 Filed 03/19/26 in TXSD Page 8 of 30
9 / 30 government objective (3) caused the constitutional violation.” Rangel v. Wellpath, LLC, No. 5:23-CV-128-H, 2024 WL 1160913, at *13 (N.D. Tex. Mar. 18, 2024). In contrast, “if the complained-of harm is a particular act or omission of one or more officials, the action is characterized as an ‘episodic act or omission’ case.” Flores, 124 F.3d at 738. 1. Placement in lockdown/segregation Plaintiff claims that Officers Williams and Baylor violated Plaintiff’s due process rights by not providing Plaintiff with either a disciplinary hearing or proper reason before taking him down to lockdown/segregation where he stayed for over three months. (D.E. 14, pp. 7-8). The undersigned construes this claims as asserting an episodic-acts-or- omissions claim against Officers Williams and Baylor. The Fourteenth Amendment’s Due Process Clause prohibits the “punishment” of a pretrial detainee prior to an adjudication of guilt. Bell, 441 U.S. at 535-36. “A person lawfully committed to pretrial detention has not been adjudicated guilty of any crime.” Id. at 536. Pretrial detainees may nevertheless be subjected to “the restriction and conditions of the detention facility so long as those conditions and restriction do not amount to punishment, or otherwise violate the Constitution.” Id. at 536-37. Pretrial detainees are not immune from prison disciplinary actions. See Scott v. Lemdke, No. A-18-CA-610-LY, 2018 WL 4664138, at *2 (W.D. Tex. Sept. 28, 2018) (citing Rapier v. Harris, 172 F.3d 999, 1002 (7th Cir. 1999)). Other circuits have found that prison officials can impose reasonable punishment to enforce reasonable disciplinary requirements so long as the punishment is not for prior unproven conduct. E.g., Collazo- Case 6:25-cv-00074 Document 15 Filed 03/19/26 in TXSD Page 9 of 30
10 / 30 Leon v. United States Bureau of Prisons, 51 F.3d 315, 318 (1st Cir. 1995). “As unconvicted citizens, pretrial detainees deserve at least the protections of convicted inmates at a disciplinary hearing.” Frank v. Larpenter, 234 F.3d 706 (Table), 2000 WL 1598076, at *2 (5th Cir. Oct. 3, 2000) (citing Rapier, 172 F.3d at 1004; Mitchell v. Dupnik, 75 F.3d 517, 525 (9th Cir. 1996)). Here, Plaintiff’s allegations indicate he was subjected to punishment in the absence of any disciplinary hearing or other process before being placed in lockdown/segregation for over three months. It is unnecessary to decide whether Officers Williams and Baylor violated Plaintiff’s due process rights by placing him in lockdown/segregation because Plaintiff has failed to allege any physical injury resulting directly from their action. With respect to his due process claim, Plaintiff seeks only monetary relief in the nature of compensatory damages. (D.E. 14, pp. 8-9).2 Section 1997e(e) of Title 42, United States Code, provides in pertinent part that no federal civil action may be brought by a prisoner for mental or emotional injury suffered while in custody without a prior showing of physical injury. The Fifth Circuit has “consistently applied this rule and dismissed the constitutional claims of prisoners who do not allege any physical injury.” Jackson v. Boone, 2 As discussed above, Plaintiff also seeks injunctive relief in the form of directing the Victoria County Jail to have mental health providers and assistance on staff due to the high suicide rate at the jail and for Plaintiff to receive medical attention for his mental health issues. (D.E. 14, pp. 8-9). Such injunctive relief relates only to his deliberate indifference claims in which he alleges that he received no mental health care following the incident of Perez’s attempted suicide. Even if he did seek injunctive relief with respect to his placement in lockdown/segregation, such relief has been rendered moot by his transfer from lockdown/segregation at the Victoria County Jail and placement back into general population. See Garrett v. Lumpkin, No. H-23-2792, 2023 WL 6798120, at *3 (S.D. Tex. Oct. 13, 2023) (Lake, J.) (holding that release from solitary confinement and transfer back into general population rendered his claims seeking injunctive relief moot); Hanson v. O’Daniel, No. A-21-CV-629-RP, 2023 WL 5493607, at * 6 (W.D. Tex. Aug. 23, 2023) (finding that inmate’s injunctive request for relief stemming from his confinement in Administrative Segregation were “mooted by his transfer out of Administrative Segregation”). Case 6:25-cv-00074 Document 15 Filed 03/19/26 in TXSD Page 10 of 30
11 / 30 Civ. No. 20-3393, 2022 WL 18276710, at *7 (E.D. La. Dec. 15, 2022), adopted, 2023 WL 172086 (E.D. La. Jan. 12, 2023). Section 1997e(e)’s prohibition also applies to pretrial detainees. See Coomer v. Doe, No. 5:21-CV-213, 2022 WL 19228834, at *8 (N.D. Tex. May 25, 2022), adopted, 2023 WL 2604804 (N.D. Tex. Mar. 22, 2023) (citing Kingsley v. Hendrickson, 576 U.S. 389, 402 (2015) (recognizing that PLRA “applies to both pretrial detainees and convicted prisoners”)). In other words, an inmate like Plaintiff seeking to state a claim and requesting monetary damages must also establish a physical injury resulting from the acts of the jail officials named. See Johnson v. Kempt, No. 6:21cv426, 2022 WL 983674, at *3 (E.D. Tex. Feb. 14, 2022), adopted, 2022 WL 965403 (E.D. Tex. Mar. 30, 2022). Plaintiff fails to allege that he suffered any physical injury due to the actions of Officers Williams and Baylor in placing him in lockdown/segregation where he stayed for over three months. Indeed, Plaintiff indicates that he only suffered mental and emotional issues during his time in lockdown/segregation that stemmed from having seen another inmate attempt suicide and not due to his stay in restrictive custody. (D.E. 14, p. 5). Because Plaintiff suffered no separate physical injuries resulting from his placement in lockdown/segregation from October 2025 through January 16, 2026, Plaintiff is barred from seeking compensatory damages against Officer Williams and Baylor for his alleged “pain, suffering, negligence, mental anguish, wrongful punishment, and emotional distress” in connection with this § 1983 claim.3 Johnson, 2022 WL 983674, at *3-4; see 3 In the absence of alleging any physical injuries arising from the actions of Officers Williams and Baylor, the undersigned construes Plaintiff’s request for monetary damages as seeking compensation for mental and emotional Case 6:25-cv-00074 Document 15 Filed 03/19/26 in TXSD Page 11 of 30
12 / 30 also See McKinney v. Painter, No. MO:17-CV-00067-RAJ-DC, 2017 WL 11725575, at *7 (W.D. Tex. Sep. 11, 2017), adopted, 2017 WL 11725587 (W.D. Tex. Oct. 12, 2017) (holding that inmate could not recover damages on due process claim attacking his placement in restrictive housing because no physical injury was alleged). Accordingly, the undersigned recommends that Plaintiff’s Fourteenth Amendment due process claims (episodic-acts-or-omissions claims) against Officers Williams and Baylor in their individual capacities be dismissed with prejudice as frivolous or for failure to state a claim for relief. 2. Deliberate Indifference to Mental Health Needs While housed in a county jail, pretrial detainees have “a constitutional right, under the Due Process Clause of the Fourteenth Amendment, not to have their serious medical needs met with deliberate indifference.” Kelson v. Clark, 1 F.4th 411, 417 (5th Cir. 2021) (quoting Thompson v. Upshur Cnty., Tex., 245 F.3d 447, 457 (5th Cir. 2001)). “[T]here is no constitutionally significant distinction between the rights of pretrial detainees and convicted inmates to basic human needs such as medical care.” Reyes v. Tom Green Jail, No. 6:19-CV-00037-BU, 2022 WL 3588932, at *5 (N.D. Tex. Aug. 1, 2022), adopted, 2022 WL 3588044 (N.D. Tex. Aug. 22, 2022) (citing Hare v. City of Corinth, Miss., 74 injuries only. See Preston v. Smith, No. 23-0324, 2023 WL 5346075, at *7 (W.D. La. Aug. 7, 2023), adopted, 2023 WL 5337430 (W.D. La. Aug. 18, 2023) (construing the inmate’s request for relief as seeking compensatory damages in that he used the phrase “pain and suffering” as an allegation of “at best, mental or emotional injury unaccompanied by greater-than-de-minimis physical pain”); Wright v. Waybourn, No. 4:20-cv-1206-O, 2021 WL 5140929, at *5-6 n.1 (N.D. Tex. Nov. 4, 2021) (construing inmate’s request for $20 million for “pain and suffering” as a request only for compensatory damages). The “physical injury” provision of § 1997e(e) does not preclude claims for nominal or punitive damages. Hutchins v. McDaniels, 512 F.3d 193, 198 (5th Cir. 2007). However, the undersigned does not construe Plaintiff’s Amended Complaint or More Definite Statement as seeking either nominal or punitive damages. Case 6:25-cv-00074 Document 15 Filed 03/19/26 in TXSD Page 12 of 30
13 / 30 F.3d 633, 643 (5th Cir. 1996) (en banc)). Courts therefore apply the same deliberate indifference standard to medical claims brought by both pretrial detainees and convicted inmates. See Kelson, 1 F.4th at 418. To establish deliberate indifference regarding denial-of-medical care claims: The [pretrial detainee] must first prove objective exposure to a substantial risk of serious harm—in other words, the [pretrial detainee] must prove a serious medical need. Second, the [pretrial detainee] must prove the officials’ subjective knowledge of this substantial risk. Third, the [pretrial detainee] must prove that the officials, despite their actual knowledge of the substantial risk, denied or delayed the [pretrial detainee’s] medical treatment. Finally, the [pretrial detainee] must prove that the delay in or denial of medical treatment resulted in substantial harm, such as suffering additional pain. Importantly, disagreement about the recommended medical treatment is generally not sufficient to show deliberate indifference. Petzold v. Rostollan, 946 F.3d 242, 249 (5th Cir. 2019) (cleaned up); see also Estate of Bonilla v. Orange Cnty., 982 F.3d 298, 305 (5th Cir. 2020) (“To prove deliberate indifference, the Plaintiffs must show that the defendants were aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, that the defendants actually drew the inference, and that the defendants disregarded that risk by failing to take reasonable measures to abate it.” (cleaned up)). A serious medical need is “one for which treatment has been recommended or for which the need is so apparent that even laymen would recognize that care is required.” Gobert v. Caldwell, 463 F.3d 339, 345 n.12 (5th Cir. 2006). Furthermore, “a serious medical need may exist for psychological or psychiatric treatment, just as it may exist for physical ills.” Partridge v. Two Unknown Police Officers of City of Houston, Tex., 791 F.2d 1182, 1187 (5th Cir. 1986). In the context of medical treatment, the prisoner must Case 6:25-cv-00074 Document 15 Filed 03/19/26 in TXSD Page 13 of 30
14 / 30 show “that prison officials refused to treat him, ignored his complaints, intentionally treated him incorrectly, or engaged in any similar conduct that would clearly evince a wanton disregard for any serious medical needs.” Gobert, 463 F.3d at 346 (internal quotation marks and citation omitted). “Deliberate indifference is an extremely high standard to meet.” Domino v. Tex. Dep’t of Criminal Justice, 239 F.3d 752, 755 (5th Cir. 2001). The Fifth Circuit has “consistently recognized … that ‘deliberate indifference cannot be inferred merely from a negligent or even a grossly negligent response to a substantial risk of serious harm.’” Dyer v. Houston, 964 F.3d 374, 381 (5th Cir. 2020) (quoting Thompson, 245 F.3d at 458-59); see also Aguirre v. City of San Antonio, 995 F.3d 395, 420 (5th Cir. 2021) (“Negligence or even gross negligence is not enough, the officials must have actual knowledge of the substantial risk.”). The Supreme Court further explains that “an official’s failure to alleviate a significant risk that he should have perceived but did not” falls short of constituting deliberate indifference. Farmer v. Brennan, 511 U.S. 825, 838 (1994). i. Sheriff Marr Plaintiff claims that Sheriff Marr violated Plaintiff’s Eighth Amendment rights by denying him medical attention and mental health treatment for his mental trauma suffered following Perez’s attempted suicide. (D.E. 14, pp. 6-7). Plaintiff asserts that Sheriff Marr failed to provide any mental health services or otherwise employ on staff, either a medical provider, nurse, or counselor, to address Plaintiff’s mental health issues in the wake of Perez’s attempted suicide. (D. E. 1, p. 3; D.E. 16, p. 7). According to Plaintiff, there are Case 6:25-cv-00074 Document 15 Filed 03/19/26 in TXSD Page 14 of 30
15 / 30 no available medical personnel capable of treating mental health issues and prescribing medications at the Victoria County Jail for such issues. Id. Plaintiff further alleges that the Victoria County Jail is the only county jail that does not have the proper mental health staff. Id. Plaintiff’s deliberate indifference claim against Sheriff Marr is liberally construed as a conditions-of-confinement claim. A condition—such as the one referenced by Plaintiff concerning the lack of mental health services at Victoria County Jail—“is usually the manifestation of an explicit policy or restriction.” Shepherd v. Dallas Cnty., 591 F.3d 445, 452 (5th Cir. 2009). Plaintiff’s allegations, accepted as true, indicate that Sheriff Marr was responsible for the condition at the Victoria County Jail where inmates like Plaintiff did not have access to any mental health services. The lack of such access arising from a policy or custom may not reasonably be related to a legitimate penological objective. See Albritton v. Henderson Cnty., Texas, No. 3:23-CV-01723-N, 2024 WL 1776380, at *5 (N.D. Tex. Apr. 23, 2024) (agreeing that “[t]he system for inmates to access mental health care at the Henderson County Jail amounted to a condition that left the inmates with no avenues to access mental health care and the dereliction of care cannot be reasonably related to any governmental objective”). With respect to his deliberate indifference claim against Sheriff Marr, Plaintiff’s allegations must be sufficient to show that Sheriff Marr was “aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, that [Sheriff Marr] actually drew the inference, and that [Sheriff Marr] disregarded that risk by failing Case 6:25-cv-00074 Document 15 Filed 03/19/26 in TXSD Page 15 of 30
16 / 30 to take reasonable measures to abate it.” Bonilla, 982 F.3d at 305. A prison official’s knowledge of a substantial risk of serious harm can be inferred if such risk is obvious. Albritton, 2024 WL 1776380, at *5 (citing Reeves v. Collins, 27 F.3d 174, 176 (5th Cir. 1994)). Plaintiff does not allege that Sheriff Marr has knowledge of Plaintiff’s specific requests or need for mental health services. However, his allegations indicate that Sheriff Marr was well aware of the fact that the Victoria County Jail lacked any mental health providers or personnel as well any avenue to acquire mental health services or medications. Such failure to have any mental health services available may be so obvious “that it does not matter if [Sheriff Marr] had actual knowledge of [Plaintiff] specifically or drew the inference that a substantial risk of harm existed.” Albritton, 2024 WL 1776380, at *6. The court in Albritton further explains: It is obvious that one day an individual would be confined at the jail and that no one at the jail was qualified to provide mental health care, resulting in that person’s serious harm. [The official’s] complete abandonment of individuals like the [inmate] in need of mental health services is an example of an exceptional circumstance that rises to deliberate indifference even without [the official’s] direct knowledge of [the inmate’s] risk of harm. Id. Plaintiff’s allegations reflect that, in the absence of any access to mental services, he suffered with depression, anxiety, nightmares, shock, chest pains, head pains, and nausea. (D.E. 14, p. 3). The undersigned finds that Plaintiff’s allegations, accepted as true, are sufficient to state a Fourteenth Amendment conditions-of confinement claim against Sheriff Marr with respect to his deliberate indifference to Plaintiff’s serious mental health Case 6:25-cv-00074 Document 15 Filed 03/19/26 in TXSD Page 16 of 30
17 / 30 needs. Partridge, 791 F.2d at 1187; Albritton, 2024 WL 1776380, at *6; cf. Robertson v. Wyles, No. 24-2024, 2024 WL 5250277, at *3 (W.D. La. Oct. 30, 2024) (concluding that vague and conclusory descriptions of mental health needs such as “some mental problems”—which fail to describe mental health symptoms or conditions in detail—fail to allege a serious medical need and exposure to a substantial risk of serious harm). While Plaintiff may have stated a plausible claim against Sheriff Marr in his individual capacity, he is not entitled to his requested relief in the nature of compensatory damages. (D.E. 14, pp. 8-9). Plaintiff fails to assert that he suffered a sufficient physical injury with respect to his conditions-of-confinement claim against Sheriff Marr. Rather, Plaintiff states that he suffered mental and emotional injuries associated with depression, anxiety, shock and having nightmares. (D.E. 14, p. 3). He further cites suffering generally from chest and head pains arising in association with his mental condition. Id. Plaintiff’s general allegations of chest and head pain, along with his related claims of mental and emotional distress, are insufficient to satisfy the “physical injury” requirement of § 1997e(e). See Cannon v. Dewberry, No. 6:17cv144, 2019 WL 2465023, at *12 (E.D. Tex. Jan. 17, 2019) (concluding that “[g]eneral allegations of ‘physical health problems’ [are insufficient to state a physical injury under § 1997e(e)], nor [are] claims of ‘depression, tension in the back, migraine headaches, angry feelings, mood swings, and pain in the joints and back’”) (citing Herman v. Holiday, 238 F.3d 660, 665 (5th Cir. 2001); Salter v. Dallas Sheriff’s Dep’t, No. 3:08-CV-125-O-ECF, 2008 WL 4393268, at *2 (N.D. Tex. Sep. 26, 2008)). Thus, with respect to his deliberate indifference claim (conditions- Case 6:25-cv-00074 Document 15 Filed 03/19/26 in TXSD Page 17 of 30
18 / 30 of-confinement claim) against Sheriff Marr, Plaintiff is barred from seeking compensatory damages for his alleged “pain, suffering, negligence, mental anguish, wrongful punishment, and emotional distress[.]” Johnson, 2022 WL 983674, at *3-4. The undersigned recommends, therefore, that this conditions-of-confinement claim seeking compensatory damages be dismissed with prejudice as frivolous or for failure to state a claim for relief. 4 In addition to seeking compensatory money damages, Plaintiff also seek injunctive relief in the form of directing the Victoria County Jail to have mental health providers and assistance on staff due to the high suicide rate at the jail and for Plaintiff to receive medical attention for his mental health issues. (D.E. 14, pp. 8-9). Section 1997e(e) does not operate to bar claims for injunctive relief. Plaintiff, however, cannot seek prospective injunctive relief against an official in his individual capacity. See Samuels v. Henry, No. 1:23-CV-00132-H, 2025 WL 2697829, at *4 (N.D. Tex. Sep. 22, 2025) (“Section 1983 does not permit injunctive relief against state officials sued in their individual capacities[.]”); Richards v. X Corp., No. 3:25-CV- 0916-X, 2025 WL 2244330, at *2 n. 7 (N.D. Tex. Aug. 5, 2025) (recognizing that, in a § 1983 case, a plaintiff cannot seek injunctive relief against a defendant sued in his individual capacity); White v. Texas, No. 4:23-CV-925-P, 2023 WL 8518211, at *4 (N.D. Tex. Oct. 25, 2023), adopted, 2023 WL 8074126 (N.D. Tex. Nov. 21, 2023), aff’d, 2024 WL 1826245 (5th Cir. Apr. 26, 2024) (concluding that “section 1983 does not permit injunctive 4 The undersigned does not construe Plaintiff’s Complaint or More Definite Statement as seeking either nominal or punitive damages against Sheriff Marr. Case 6:25-cv-00074 Document 15 Filed 03/19/26 in TXSD Page 18 of 30
19 / 30 relief against state officials sued in their individual capacities). The undersigned, therefore, will construe Plaintiff’s request for injunctive relief as brought against Sheriff Marr in his official capacity. This issue will be considered below in Section IV(C). ii. Officers Williams and Baylor Plaintiff claims that Officers Williams and Baylor violated Plaintiff’s Eighth Amendment rights by denying him access to medical attention after Plaintiff made such a request to address his mental trauma suffered following Perez’s attempted suicide. Id. at 7-8. Plaintiff asserts that, rather than escort him to medical, they told Plaintiff to put in a sick call request on the kiosk. Id. at 8. The undersigned construes this claim as asserting an episodic-acts-or-omissions claim against Officers Williams and Baylor. Even assuming that Plaintiff faced a substantial risk of serious harm with respect to his mental trauma, Plaintiff fails to allege that Officers Williams and Baylor acted with the requisite deliberate indifference to his serious mental health needs. Plaintiff’s allegations reflect that he only interacted with Officers Williams and Baylor on one occasion, when he was initially taken to lockdown/segregation. (D.E. 14, pp. 4, 8). Further, Plaintiff’s allegations indicate that, rather than dismiss Plaintiff’s request altogether, they instructed him to file a sick call request on the kiosk. Id. Plaintiff does not allege that these officers took any active measures to deny Plaintiff from submitting a sick call request or otherwise accessing medical during his time in lockdown/segregation. Moreover, Plaintiff alleges no facts to suggest that his mental health condition at the time he was taken to lockdown/security was readily apparent as a medical emergency to Officers Williams or Case 6:25-cv-00074 Document 15 Filed 03/19/26 in TXSD Page 19 of 30
20 / 30 Baylor, who work as security officers at the Victoria County Jail without formal medical training.5 See Trevino v. Hinz, 751 F. App’x 551, 555 (5th Cir. 2018) (“[A]n officer’s failure to immediately recognize ambiguous symptoms as a medical emergency does not amount to deliberate indifference.”); Rundles v. Arowosafe, No. 6:19-CV-00014, 2020 WL 7054239, at *4 (E.D. Tex. Aug. 20, 2020), adopted, 2020 WL 5939051 (E.D. Tex. Oct. 7, 2020) (rejecting inmate’s deliberate indifference claim because he did not allege that officer “had the medical training necessary to subjectively recognize inmate's symptoms - - feeling very ill, having a fast heartbeat, being overheated, and chest hurting – as a medical emergency). Plaintiff’s allegations, accepted as true, fail to indicate that either Officer Williams or Officer Baylor was aware of facts that a substantial risk of serious harm existed for Plaintiff with regard to his mental health and then disregarded that risk by failing to take any reasonable measures to abate it. See Bonilla, 982 F.3d at 305; see also Allen v. Valdez, No. 3:19-cv-00535-S (BT), 2019 WL 3096090, at *2 (N.D. Tex. Apr. 19, 2019) (dismissing inmate’s deliberate indifference claim based on his failure to allege defendants knew he needed immediate medical attention), adopted, 2019 WL 3081664 (N.D. Tex. Jul. 15, 2019). At best, Plaintiff’s allegations indicate that Officers Williams and Baylor’s decision not to immediately take Plaintiff to medical for mental health treatment amounted to a 5 Plaintiff’s allegations reflect that, during his stay in lockdown/segregation, several other officers refused his request to be taken immediately to medical for mental health treatment and instead instructed Plaintiff to submit a sick call request on the kiosk. (D.E. 14, p. 5). Plaintiff does not name these officers as defendants in this case. Moreover, his allegations do not suggest that these officials acted with the requisite deliberate indifference as they each instructed Plaintiff of the necessity to submit a sick call request on the kiosk. Plaintiff offers no facts to suggest that these officials were aware of Plaintiff having a medical emergency requiring immediate medical attention. Case 6:25-cv-00074 Document 15 Filed 03/19/26 in TXSD Page 20 of 30
21 / 30 negligent or grossly negligent response to a substantial risk of serious harm. See Farmer, 511 U.S. at 838 (explaining that the “failure to alleviate a significant risk that [the official] should have perceived, but did not” is insufficient to show deliberate indifference); Thompson, 245 F.3d at 459 (“Deliberate indifference cannot be inferred from a negligent or grossly negligent response to a substantial risk of harm.”). Accordingly, the undersigned recommends that Plaintiff’s deliberate indifference claims (episodic-acts-or-omissions claims) against Officers Williams and Baylor in their individual capacities be dismissed with prejudice as frivolous or for failure to state a claim for relief. B. Victoria County Sheriff’s Office The Victoria County Sheriff’s Office has been listed as a defendant in this case. This entity, however, is not capable of being sued. Rogers v. Nueces County Jail, No. C- 07-410, 2007 WL 4367814, at *4 (S.D. Tex. Dec. 13, 2007) (Jack, J.) (citing Darby v. Pasadena Police Dep’t, 939 F.2d 311 (5th Cir. 1991)). Instead, the proper party would be Victoria County. See Rogers, 2007 WL 4367814, at *4. In a separate Order, the undersigned will substitute Victoria County in place of the Victoria County Sheriff’s Office as a party defendant in this case. C. Claims Against the Individual Defendants in their Official Capacities and Victoria County Plaintiff sues Sheriff Marr, Officer Williams, and Officer Baylor in their official capacities. Suits against individuals in their official capacities “generally represent only another way of pleading an action against an entity of which an officer is an agent.” Case 6:25-cv-00074 Document 15 Filed 03/19/26 in TXSD Page 21 of 30
22 / 30 Goodman v. Harris Cnty., 571 F.3d 388, 395 (5th Cir. 2009) (internal quotations and citation omitted); see also Martin v. Burgess, No. 4:23-cv-03228, 2024 WL 4520131, at (S.D. Tex. Oct. 17, 2024) (Edison, J.) (“When a plaintiff sues a county judge in her official capacity, the suit is treated as a suit against the county itself.”). Thus, Plaintiff’s suit against the individual defendants in their official capacities is effectively a suit against the official’s office, Victoria County. See Will v. Michigan Dep't of State Police, 491 U.S. 58, 71 (1989). Accordingly, the undersigned recommends that Plaintiff’s claims against Sheriff Marr, Officer Williams, and Officer Baylor in their official capacities be dismissed without prejudice. Under § 1983, a municipality or local government entity such as Victoria County may be held liable for acts for which it is actually responsible. See Doe on Behalf of Doe v. Dallas Indep. Sch. Dist., 153 F.3d 211, 215 (5th Cir. 1998) (citing Pembaur v. City of Cincinnati, 475 U.S. 469, 480 (1986)). The governmental body must either itself subject a person to a deprivation of rights or cause a person to be subjected to such deprivation. Connick v. Thompson, 563 U.S. 51, 59 (2011). A municipality is liable for the constitutional violations of its employees only if the alleged constitutional deprivations resulted from municipal policy or custom. Monell v. New York City Dep't of Soc. Servs., 436 U.S. 658, 694 (1978); see also Zarnow v. City of Wichita Falls, Tex., 614 F.3d 161, 166 (5th Cir. 2010) (noting that a municipality may not be subject to liability merely for employing a tortfeasor; liability requires deliberate action attributable to the municipality that is the direct cause of the alleged constitutional violation). Case 6:25-cv-00074 Document 15 Filed 03/19/26 in TXSD Page 22 of 30
23 / 30 “To support a claim based upon the existence of an official custom or policy, the Plaintiff must plead facts which show that: 1) a policy or custom existed; 2) the governmental policy makers actually or constructively knew of its existence; 3) a constitutional violation occurred; and 4) the custom or policy served as the moving force behind the violation.” Meadowbriar Home for Child., Inc. v. Gunn, 81 F.3d 521, 532–33 (5th Cir. 1996). “For section 1983 purposes, an official policy may be either a written policy or a persistent widespread practice of municipal officials and employees which, although not an authorized or officially adopted and promulgated policy, is so common and well settled as to constitute a custom that fairly represents municipal policy.” Morris v. Dallas Cnty., 960 F. Supp. 2d 665, 683–84 (N.D. Tex. 2013) (citing Lawson v. Dallas Cnty., 286 F.3d 257, 263 (5th Cir. 2002); Webster v. City of Houston, 735 F.2d 838, 841 (5th Cir. 1984)). “The description of a policy or custom and its relationship to the underlying constitutional violation … cannot be conclusory; it must contain specific facts.” Spiller v. City of Texas City, Police Dep’t, 130 F.3d 162, 167 (5th Cir. 1997). Courts should be mindful that a plaintiff cannot plead facts “peculiarly within the knowledge of defendants.” Schultea v. Wood, 47 F.3d 1427, 1434 (5th Cir. 1995). “[I]n the context of municipal liability, like that of qualified immunity, it is ‘exceedingly rare that a plaintiff will have access to (or personal knowledge of) specific details regarding the existence or absence of internal policies or training procedures prior to discovery.’” Bright v. City of Killeen, Texas, No. 6:20-CV-431, 2021 WL 1226560, at *4 (W.D. Tex. Mar. 31, 2021) (citing Thomas v. City of Galveston, 800 F. Supp. 2d 826, 842 (S.D. Tex. 2011) Case 6:25-cv-00074 Document 15 Filed 03/19/26 in TXSD Page 23 of 30
24 / 30 (Ellison, J.)). “Accordingly, only minimal factual allegations should be required at the motion to dismiss stage,” and “those allegations need not specifically state what the policy is, as the plaintiff will generally not have access to it, but may be more general.” Thomas, 800 F. Supp. 2d at 842-43. However, the plaintiff’s allegations must still give fair notice to the defendant and cannot merely restate the generic elements of municipal liability. Id. at 843. “Allegations that provide such notice could include, but are not limited to, past incidents of misconduct to others, multiple harms that occurred to the plaintiff himself, misconduct that occurred in the open, the involvement of multiple officials in the misconduct, or the specific topic of the challenged policy or training inadequacy.” Id. at 843-44. The Fifth Circuit has recognized that the legal standards under Monell for municipal liability and for a conditions-of-confinement claim have no meaningful difference and that the failure of one is fatal to the other. Bonilla, 982 F.3d at 308. For both claims, therefore, Plaintiff must adequately allege a municipal policy or custom that was the moving force of the constitutional violation. Sanchez, 956 F.3d 785, 791 (5th Cir. 2020). As discussed above, Plaintiff initially stated a conditions-of-confinement claim against Sheriff Marr.6 Plaintiff’s allegations, accepted as true and liberally construed, indicate that Victoria County has a policy or custom to restrict or deny mental health care 6 As the undersigned explains, however, Plaintiff’s failure to allege a sufficient “physical injury” under § 1997e(e) is fatal to his conditions-of-confinement claim against Sheriff Marr in his individual capacity for compensatory money damages. Case 6:25-cv-00074 Document 15 Filed 03/19/26 in TXSD Page 24 of 30
25 / 30 to its inmates and that Sheriff Marr was the policymaker7 at the Victoria County Jail having actual knowledge of the existence of this policy or custom. Plaintiff alleges a sufficient factual background to give Victoria County notice as to the specific conditions of confinement and acts of its employees caused by the policy or custom. Specifically, Plaintiff alleges that: (1) Sheriff Marr failed to provide any mental health services to him while confined at the Victoria County Jail despite repeatedly asking for mental health treatment for several months; (2) Sheriff Marr has failed to employ on staff, either a medical provider, nurse, or counselor, to address Plaintiff’s mental health issues in the wake of Perez’s attempted suicide; (3) there is no available medical personnel capable of treating mental health conditions or prescribing appropriate medications at the Victoria County Jail; and (4) the Victoria County Jail is the only county jail that does not have the proper mental health staff. (D. E. 5, p. 3; D.E. 14, pp. 5-7). The undersigned finds that Plaintiff’s allegations of a Victoria County policy or custom restricting or outright denying inmate access to mental health treatment are not conclusory or limited to the generic elements of municipal liability, but rather are sufficient in detail as can be expected before discovery and given that Victoria County policies are peculiarly within the knowledge of the County. Schultea, 47 F.3d at 1434; Bright, 2021 7 Courts construe the identity of the final policymaker as “a question of law—specifically a question of state law— and not a question of fact.” Groden v. City of Dallas, Tex., 826 F.3d 280, 284 (5th Cir. 2016). In Texas, “the county Sheriff is the county’s final policymaker in the area of law enforcement, not by virtue of the delegation by the county’s governing body but, rather, by virtue of the office to which the sheriff has been elected.” Turner v. Upton Cnty., Tex., 915 F.2d 133, 136 (5th Cir. 1990) (citing Familias Unidas v. Briscoe, 619 F.2d 391, 404 (5th Cir. 1980)). Where the care of inmates is concerned, state law specifically provides that “[t]he sheriff of each county is the keeper of the county jail.” Tex. Loc. Gov’t Code § 351.041(a). As such, a county sheriff is required to “safely keep all prisoners committed to the jail by a lawful authority, subject to an order of the proper court.” Id. Case 6:25-cv-00074 Document 15 Filed 03/19/26 in TXSD Page 25 of 30
26 / 30 WL 1226560, at *4. Accordingly, the undersigned recommends that the district court retain Plaintiff’s municipal liability claim against Victoria County with respect to its alleged policy or custom that restricts or denies inmates access to mental health treatment. D. Claims not specifically addressed in this Memorandum and Recommendation To ensure justice and access to the courts, courts interpret pleadings of pro se litigants liberally. See United States v. Robinson, 78 F.3d 172, 174 (5th Cir. 1996) (citing United States v. Santora, 711 F.2d 41, 42 (5th Cir. 1983)). Pro se actions will not be dismissed based on technical pleading defects and should be construed to ensure such claims are given fair and meaningful consideration despite the unrepresented litigant’s unfamiliarity with the law. See Haines, 404 U.S. at 520-21; see also Estelle, 429 U.S. at 106 (pro se parties are normally accorded more leniency in the construction of their pleadings). The undersigned has liberally construed Plaintiff’s Amended Complaint (D.E. 5) and his More Definite Statement (D.E. 14) to give his claims fair and meaningful consideration. The undersigned has attempted to articulate and analyze Plaintiff’s claims in an impartial manner consistent with providing appropriate leniency to pro se litigants while at the same time requiring compliance with applicable pleading and screening standards. To the extent Plaintiff is attempting to raise any other claim not specifically addressed by the undersigned in this memorandum and recommendation, the undersigned has concluded that Plaintiff has failed to state such claim with sufficient factual detail or clarity to allow the claim to be identified or analyzed by the Court. Case 6:25-cv-00074 Document 15 Filed 03/19/26 in TXSD Page 26 of 30
27 / 30 As stated previously, “[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.” Iqbal, 556 U.S. at 678. Plaintiff, therefore, must allege sufficient facts in support of its legal conclusions that give rise to a reasonable inference that any defendant is liable. Id.; Twombly, 550 U.S. at 556. Further, the factual allegations must raise Plaintiff’s claim for relief above the level of mere speculation. Twombly, 550 U.S. at 555. Therefore, Plaintiff is advised that any claim not addressed in this memorandum and recommendation is not currently before this Court because Plaintiff has failed to allege sufficient facts or state such claims clearly. E. Leave to Amend The undersigned is recommending dismissal of some of Plaintiff’s claims. “When the dismissal of a pro se complaint is appropriate, it should generally be done without prejudice in order to allow the plaintiff an opportunity to file an amended complaint.” Rodriguez v. United States, 66 F.3d 95, 97 (5th Cir. 1995). Leave to amend need not be granted if the amendment would be futile – for example, if an amended complaint would still fail to state a claim upon which relief may be granted. See Foman v. Davis, 371 U.S. 178, 182 (1962) (futility of amendment is adequate justification to refuse to grant leave to amend). “If the prisoner has filed his complaint and submitted questionnaire responses, then the court may conclude that he has pleaded his best case such that granting him further leave to amend would be futile or cause unnecessary delay.” Clark v. Waddell, No. 7:22- cv-00059-MBP, 2023 WL 8605313, at *18 (N.D. Tex. Nov. 15, 2023) (citing Witherspoon Case 6:25-cv-00074 Document 15 Filed 03/19/26 in TXSD Page 27 of 30
28 / 30 v. Waybourn, No. 4:20-cv-1150-P, 2021 WL 2635917, at *10 (N.D. Tex. June 25, 2021) and McLean v. King, No. 3:20-cv-1244-C-BK, 2020 WL 6049297, at *2 (N.D. Tex. Sept. 15, 2020)); see also Mejia v. Monroe, No. H-18-3036, 2021 WL 765726, at *2 (S.D. Tex. Feb. 26, 2021) (Miller, J.) (finding that inmate had pleaded his best case where he was afforded an opportunity to plead facts supporting his claim through a more definite statement). Here, Plaintiff has had the opportunity to plead his best case against Defendants with respect to his claims in that: he has filed an Amended Complaint (D.E. 5) and a More Definite Statement (D.E. 14) at the Court’s direction in which he has responded to numerous directives and questions. Where the undersigned has recommended dismissal of a claim with prejudice, therefore, that dismissal should be without leave to amend because Plaintiff has already pleaded his best case. IV. RECOMMENDATION For purposes of screening and for the reasons discussed above, the undersigned respectfully recommends that the district court RETAIN Plaintiff’s municipal liability claim against Victoria County with respect to its alleged policy or custom that restricts or denies inmates access to mental health treatment. The undersigned will order service separately on Victoria County with respect to this retained claim. The undersigned respectfully recommends further that the district court: ● DISMISS with prejudice Plaintiff’s Fourteenth Amendment due process claims (episodic-acts-or-omissions claims) seeking compensatory damages against Officers Williams and Baylor in their individual capacities as frivolous or for failure to state a claim for relief; Case 6:25-cv-00074 Document 15 Filed 03/19/26 in TXSD Page 28 of 30
29 / 30 ● DISMISS with prejudice Plaintiff’s Fourteenth Amendment deliberate indifference claim (conditions-of-confinement claim) seeking compensatory damages against Sheriff Marr in his individual capacity as frivolous or for failure to state a claim for relief; ● DISMISS with prejudice Plaintiff’s Fourteenth Amendment deliberate indifference claims (episodic-acts-or-omissions claims) against Officers Williams and Baylor in their individual capacities as frivolous or for failure to state a claim for relief; ● DISMISS without prejudice Plaintiff’s claims against Sheriff Marr, Officer Williams, and Officer Baylor in their official capacities; and ● DENY Plaintiff leave to amend with respect to his claims dismissed with prejudice. Respectfully submitted on March 19, 2026. ____________________________ Julie K. Hampton United States Magistrate Judge Case 6:25-cv-00074 Document 15 Filed 03/19/26 in TXSD Page 29 of 30
30 / 30 NOTICE TO PARTIES The Clerk will file this Memorandum and Recommendation and transmit a copy to each party or counsel. Within FOURTEEN (14) DAYS after being served with a copy of the Memorandum and Recommendation, a party may file with the Clerk and serve on the United States Magistrate Judge and all parties, written objections, pursuant to Fed. R. Civ. P. 72(b), 28 U.S.C. § 636(b)(1), General Order No. 2002-13, United States District Court for the Southern District of Texas. A party’s failure to file written objections to the proposed findings, conclusions, and recommendation in a magistrate judge’s report and recommendation within FOURTEEN (14) DAYS after being served with a copy shall bar that party, except upon grounds of plain error, from attacking on appeal the unobjected-to proposed factual findings and legal conclusions accepted by the district court. Douglass v. United Servs. Auto Ass’n, 79 F.3d 1415 (5th Cir. 1996)(en banc). Case 6:25-cv-00074 Document 15 Filed 03/19/26 in TXSD Page 30 of 30
Vous vous demandez comment ce texte s’applique à votre situation ?
Consultation gratuite, sans engagement
Décrivez votre situation. Notre équipe vous recontactera par e-mail pour votre consultation.
Poursuivez vos recherches dans ChatGPT ou Claude
Connectez Omnilex pour rechercher dans le corpus juridique depuis votre assistant IA.