3:24-cv-01966•Duke v. Dallas Police Department et al
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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION LONNIE DUKE, § Dall. Cnty. Jail BookIn No. 23050976, § § Plaintiff, § § V. § No. 3:24-cv-1966-S-BN § DALLAS POLICE § DEPARTMENT, ET AL., § § Defendants. § FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE In a pending habeas action, Lonnie Duke, at least then detained pretrial at Dallas County’s jail, “filed a civil rights complaint,” “along with three briefs in support. [And b]ecause Duke seems to raise non-habeas claims in the civil rights complaints and memorandums, and given his pro se status, the Court severe[d] the amended complaint and accompanying memorandums from [the habeas] action and direct[ed] that they be filed in a new civil rights action under 42 U.S.C. § 1983 against the Dallas Police Department and two unknown Dallas Police Department Officers.” Dkt. No. 8 (cleaned up); see also Dkt. Nos. 3 & 5-7. This civil action was opened. And the presiding United States district judge referred it to the undersigned United States magistrate judge for pretrial management under 28 U.S.C. § 636(b) and a standing order of reference. The Court entered an order under the Prison Litigation Reform Act (“PLRA”) granting Duke’s request for leave to proceed in forma pauperis. See Dkt. Nos. 4 & 10. And the Case 3:24-cv-01966-S-BN Document 13 Filed 11/24/25 Page 1 of 6 PageID <pageID>
- 2 - undersigned now recommends that the Court dismiss Duke’s lawsuit. Discussion Under the PLRA, where prisoners (whether incarcerated or detained pending trial) seek relief from a governmental entity or employee, a district court must, on initial screening, identify cognizable claims or dismiss the complaint, or any portion of the complaint, that “is frivolous, malicious, or fails to state a claim upon which relief may be granted” or “seeks monetary relief from a defendant who is immune from such relief.” 28 U.S.C. § 1915A(b). Taking the well-pleaded facts as true, Duke brings this Section 1983 lawsuit against unidentified police officers based on injuries that he sustained while being transported in a police car when “in route to the jail a near accident cause[d him to become] un-seatbelt-ed” and “to slide out of seat,” “banging [his] face and mouth on protective glass.” Dkt. No. 3 at 4. Duke then alleges that the officers did not immediately check to see if he was okay. See id. at 4-5. “A plaintiff makes out a § 1983 claim if he ‘shows a violation of the Constitution or of federal law and then shows that the violation was committed by someone acting under color of state law.’” Rich v. Palko, 920 F.3d 288, 293-94 (5th Cir. 2019) (cleaned up; quoting Brown v. Miller, 519 F.3d 231, 236 (5th Cir. 2008)). As the source for a Constitutional violation based on his allegations, Duke cites the Fourth Amendment. See Dkt. No. 3. And that’s correct if Duke had just been arrested and was being transported to the jail by an arresting officer. “While the Fourth Amendment protects arrestees, once an arrest is complete, Case 3:24-cv-01966-S-BN Document 13 Filed 11/24/25 Page 2 of 6 PageID <pageID>
- 3 - pretrial detainees are protected by the due process clause of the Fifth or Fourteenth Amendments,” as applicable. Gutierrez v. City of San Antonio, 139 F.3d 441, 452 (5th Cir. 1998) (citations omitted). And, “[a]lthough the point at which an arrest ends and pretrial detainment begins is not always clear,” the United States Court of Appeals for the Fifth Circuit has held “that the Fifth or Fourteenth Amendments begin to protect persons after the incidents of arrest are completed, after the plaintiff has been released from the arresting officer’s custody, and after the plaintiff has been in detention awaiting trial for a significant period of time.” Id. (cleaned up). Even so, to the extent that Duke alleges a Fourth Amendment violation based on excessive force, for example, his allegations do not allow for the reasonable inference that his injuries were caused by contact that was more than accidental. Accidental contact between an officer and a civilian is not a Fourth Amendment seizure – even if it injures the civilian – so a § 1983 plaintiff claiming excessive force must show that force was applied intentionally. See Brower v. Cnty. of Inyo, 489 U.S. 593, 596-97 (1989) (explaining that a seizure occurs only when a suspect’s “freedom of movement” is terminated “through means intentionally applied” by the governmental actor); Gorman v. Sharp, 892 F.3d 172, 175 (5th Cir. 2018) (holding there can be no § 1983 liability for excessive force “in the absence of intentional conduct”). And even if the seizure involves intentional conduct, the district court must consider whether it was unreasonable under the specific circumstances of the seizure. See, e.g., City of Escondido v. Emmons, 586 U.S. 38, 53-44 (2019) (per curiam) (reversing the denial of qualified immunity where officers threw a man to the ground during an arrest). McDonald v. McClelland, 779 F. App’x 222, 225-26 (5th Cir. 2019) (per curiam) (cleaned up); cf. Boyd v. McNamara, 74 F.4th 662, 667 n.3 (5th Cir. 2023) (noting that “the standard for excessive force is the same under either” the Due Process Clause or “the Fourth Amendment’s prohibition against unreasonable seizures” (applicable to Case 3:24-cv-01966-S-BN Document 13 Filed 11/24/25 Page 3 of 6 PageID <pageID>
- 4 - prisoners) – “whether the force was objectively unreasonable in light of the ‘facts and circumstances of each particular case.’” (citations omitted). Consistent with that and more broadly, mere negligence cannot amount to a violation of the Constitution. See, e.g., Diggs v. Waybourn, No. 4:20-cv-706-P, 2021 WL 961676, at *4 (N.D. Tex. Mar. 15, 2021) (“Allegations of negligence are not sufficient to maintain an action under 42 U.S.C. § 1983. See, e.g., Daniels v. Williams, 474 U.S. 327, 332 (1986) (concluding that the constitution ‘is simply not implicated by a negligent act of an official causing unintended loss of or injury to life, liberty, or property’); Davidson v. Cannon, 474 U.S. 344, 347-48 (1986) (stating that ‘lack of due care ... simply does not approach the sort of abusive government conduct’ which rises to the level of a constitutional violation); see also Dyson v. Cox, CA No. 3:12-CV-3053, 2013 WL 4813557, *3 (W.D. La. Sep. 3, 2013) (holding that claims arising from an auto accident while officers transported Plaintiff to a dental appointment failed to state a § 1983 claim, and that ‘at worst, plaintiff has only alleged negligence on [the officers] part; negligence cannot support a claims for damages under Section 1983.’). Similarly, to the extent Diggs’s asserts a claim for relief under 42 U.S.C. § 1983 arising from the van accident while Officer Martinez was driving and Franklin was also present, does not state any claim of the violation of a constitutional right. Any such claims against these transport officer thus must be dismissed.”). And, if Duke also intends to allege that the transporting officers were deliberately indifferent to his medical needs, the factual content of the complaint does not support such a claim. See Alvarez v. City of Brownsville, 904 F.3d 382, 391 (5th Case 3:24-cv-01966-S-BN Document 13 Filed 11/24/25 Page 4 of 6 PageID <pageID>
- 5 - Cir. 2018) (en banc) (“Deliberate indifference is a degree of culpability beyond mere negligence or even gross negligence; it must amount to an intentional choice, not merely an unintentionally negligent oversight.” (quoting James v. Harris Cnty., 577 F.3d 612, 617-18 (5th Cir. 2009) (quoting Rhyne v. Henderson Cnty., 973 F.2d 386, 392 (5th Cir. 1992)))); Kelson v. Clark, 1 F.4th 411, 417 (5th Cir. 2021) (“[D]eliberate indifference cannot be inferred merely from a negligent or even a grossly negligent response to a substantial risk of serious harm. Rather, the plaintiff must show that the 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.” (cleaned up)). Last, the undersigned notes that, although this lawsuit was severed from a habeas action that Duke filed, he nevertheless then filed a habeas petition in this civil lawsuit. See Dkt. No. 12. The Court need not take that up, as Duke already filed a habeas action, and the “two forms of relief” available – “monetary damages, which are primarily available in a civil rights action pursuant to 42 U.S.C. § 1983,” and “release to parole or mandatory supervision, which is available in a habeas corpus action” – “cannot be obtained in the same suit.” Reed v. Thaler, No. 2:11-cv-93, 2011 WL 3924171, at *2 (N.D. Tex. Aug. 15, 2011), rec. adopted, 2011 WL 3927746 (N.D. Tex. Sept. 7, 2011). Recommendation The Court should dismiss the complaint with prejudice under 28 U.S.C. § 1915A(b). Case 3:24-cv-01966-S-BN Document 13 Filed 11/24/25 Page 5 of 6 PageID <pageID>
- 6 - A copy of these findings, conclusions, and recommendation shall be served on all parties in the manner provided by law. Any party who objects to any part of these findings, conclusions, and recommendation must file specific written objections within 14 days after being served with a copy. See 28 U.S.C. § 636(b)(1); FED . R. CIV. P. 72(b). In order to be specific, an objection must identify the specific finding or recommendation to which objection is made, state the basis for the objection, and specify the place in the magistrate judge’s findings, conclusions, and recommendation where the disputed determination is found. An objection that merely incorporates by reference or refers to the briefing before the magistrate judge is not specific. Failure to file specific written objections will bar the aggrieved party from appealing the factual findings and legal conclusions of the magistrate judge that are accepted or adopted by the district court, except upon grounds of plain error. See Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1417 (5th Cir. 1996). DATED: November 22, 2025 _________________________________________ DAVID L. HORAN UNITED STATES MAGISTRATE JUDGE Case 3:24-cv-01966-S-BN Document 13 Filed 11/24/25 Page 6 of 6 PageID <pageID>
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