Stewart v. Ream et al

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
CHARLIE LEE STEWART, SR.,
(TDCJ # 01897620),
Plaintiff,
vs.
RANDY REAM, et al.,
Defendants.
§
§
§
§
§
§ 	CIVIL ACTION NO. H-26-1525
§
§
§
§
MEMORANDUM OPINION AND ORDER
The plaintiff, Charlie Lee Stewart, Sr. (TDCJ #01897620), is currently in the
custody of the Texas Department of Criminal Justice-Correctional Institutions
Division. 	Proceeding pro se, he filed a civil-rights complaint under 42 U.S.C.
§ 1983 against Randy Ream and Christina Ream, the co-owners of Pro-Care Non-
Emergency Transportation, for injuries he suffered in a vehicle accident while a
passenger in a Pro-Care ambulance. (Dkt. 1).
Because Stewart is a prisoner seeking relief under § 1983, the Court must
examine his claims and dismiss his complaint, in whole or in part, if it determines
that the action is "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
United States District Court
Southern District of Texas
ENTERED
March 06, 2026
Nathan Ochsner, Clerk
Case 4:26-cv-01525 Document 6 Filed 03/06/26 in TXSD Page 1 of 9

relief." 42 U.S.C. § 1997e(c)(l). After considering Stewart's complaint, the Court
concludes that this case must be dismissed for the reasons explained below.
I. 	BACKGROUND
In January 2026, Stewart filed a civil-rights complaint under § 1983 in the
Eastern District of Texas. (Dkt. I). He sued the Estate of Randy Ream, Deceased,
and Christina Ream, as co-owners and employees of Pro-Care Non-Emergency
Transportation. Although the accident occurred in the Eastern District of Texas and
all medical care was provided there, the Eastern District transferred this action to
this Court in February 2026 "for the convenience of parties and witnesses,"
apparently because the surviving defendant lives in this District. (Dkt. 3).
Stewart's complaint alleges that on April 8, 2024, he was transported in a
Pro-Care ambulance from TDCJ's Telford Unit in New Boston, Texas, to a routine
doctor's appointment at Hospital Galveston. 	(Id. at 4). 	The trip to Galveston was
uneventful. 	(Id.).
At around 4:30 p.m., the same Pro-Care ambulance picked Stewart up from
Hospital Galveston for the return trip to the Telford Unit. 	(Id. at 6). 	Stewart was
in the back of the ambulance, strapped to a gurney and watching Netflix. (Id.). 	As
the ambulance traveled through Bowie County on U.S. Highway 67, it was involved
in an accident. 	(Id.). 	Stewart did not hear any braking before the accident, which
occurred at a high rate of speed. (Id.). 	Stewart was thrown against the straps of the
2/9
Case 4:26-cv-01525 Document 6 Filed 03/06/26 in TXSD Page 2 of 9

gurney. 	(Id.). 	The TDCJ officer who was riding in the back with him was not
wearing a seatbelt, and she was thrown out of her seat, across the ambulance, and
onto Stewart. (Id.). 	Stewart suffered injuries to his shoulder, back, chest, and legs.
(Id.). 	He, along with the other occupants of the ambulance, were transported to St.
Michael's Hospital for evaluation and treatment. 	(Id.). 	Stewart alleges that he has
continued to receive treatment for his injuries through TDCJ.
Stewart alleges that Randy Ream, the driver of the ambulance, was negligent
because he failed to maintain a safe rate of speed for the weather conditions. (Id. at
3). He alleges that Christina Ream is liable as the co-owner of Pro-Care. (Id.). 	As
relief, Stewart seeks an award of money damages to compensate for his injuries and
his pain and suffering. (Id. at 4).
II. 	LEGAL STANDARDS
A. 	Actions Under 42 U.S.C. § 1983
Stewart brings his action under 42 U.S.C. § 1983. 	"Section 1983 does not
create any substantive rights, but instead was designed to provide a remedy for
violations of statutory and constitutional rights." Lafleur v. Texas Dep 't of Health,
126 F.3d 758, 759 (5th Cir. 1997) (per curiam); see also Baker v. McCollan, 443
U.S. 137, 144 n.3 (1979). 	To state a valid claim under § 1983, a plaintiff must
(1) allege a violation of rights secured by the Constitution or laws of the United
States, and (2) demonstrate that the alleged deprivation was committed by a person
3/9
Case 4:26-cv-01525 Document 6 Filed 03/06/26 in TXSD Page 3 of 9

acting under color of state law. See Westv. Atkins, 487 U.S. 42, 48 (1988); Gomez
v Galman, 18 F.4th 769, 775 (5th Cir. 2021) (per curiam). 	The first element
recognizes that "state tort claims are not actionable under federal law; a plaintiff
under[§] 1983 must show deprivation of a federal right." 	Nesmith v. Taylor, 715
F.2d 194, 195 (5th Cir. 1983) (per curiam). 	The second element means that
generally only state actors-not private parties---can be liable for violations of civil
rights. See Frazier v. Bd. of Tr. ofNw. Miss. Reg'! Med. Ctr., 765 F.2d 1278, 1283
(5th Cir. 1985).
B. 	The Prison Litigation Reform Act
Stewart's action is governed by the Prison Litigation Reform Act, (PLRA).
The PLRA requires the Court to examine the legal and factual basis of a prisoner's
complaint and dismiss the case if it determines that 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.". 42 U.S.C. § 1997e(c)(l);
see also 28 U.S.C. § 1915(e)(2)(B); 28 U.S.C. § 1915A(b).
A complaint is frivolous "if it lacks an arguable basis in law or fact." 	Geiger
v. 	Jowers, 	404 F.3d 371, 373 	(5th Cir. 2005) (per curiam) (citing Denton v.
Hernandez, 504 U.S. 25, 31-32 (1992)). 	"A complaint lacks an 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." 	Siglar v.
4/9
Case 4:26-cv-01525 Document 6 Filed 03/06/26 in TXSD Page 4 of 9

Hightower, 112 F.3d 191, 193 (5th Cir. 1997) (citing Neitzke v. Williams, 490 U.S.
319,327 (1989)). "A complaint lacks an arguable basis in fact if, after providing the
plaintiff the opportunity to present additional facts when necessary, the facts alleged
are clearly baseless." 	Rogers v. Boatright, 709 F.3d 403, 407 (5th Cir. 2013)
(cleaned up). A complaint fails to state a claim upon which relief can be granted if
it does not contain "sufficient factual matter, accepted as true, to state a claim to
relief that is plausible on its face." Id. (quoting Ashcroft v. Iqbal, 556 U.S. 662,678
(2009)).
In conducting its screening review, the Court must construe all allegations
"liberally in favor of the plaintiff'' and must consider whether "with every doubt
resolved on [the plaintiffs] behalf, the complaint states any valid claim for relief."
Harrington v. State Farm Fire & Cas. 	Co., 563 F.3d 141, 147 (5th Cir. 2009)
(cleaned up). 	But if the complaint does not state a claim for relief, it may be
dismissed, even before service on the defendants. See Green v. McKaskle, 788 F .2d
1116, 1119 (5th Cir. 1986).
C. 	Pro Se Pleadings
Stewart is proceeding prose in this action. Courts construe pleadings filed by
prose litigants under a less stringent standard of review. See Haines v. Kerner, 404
U.S. 519, 520 (1972) (per curiam). Under this standard, "[a] document filed prose
is 'to be liberally construed."' 	Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per
5/9
Case 4:26-cv-01525 Document 6 Filed 03/06/26 in TXSD Page 5 of 9

curiam) (quoting Estelle v. Gamble, 429 U.S. 97, 106 (1976)). But even under this
liberal standard, pro se litigants must still "abide by the rules that govern the federal
courts." 	E.E.O.C. v. Simbaki, Ltd., 767 F.3d 475, 484 (5th Cir. 2014). 	They must
"properly plead sufficient facts that, when liberally construed, state a plausible claim
to relief, serve defendants, obey discovery orders, present summary judgment
evidence, file a notice of appeal, and brief arguments on appeal." Id. (cleaned up).
III. 	DISCUSSION
Stewart sues Randy Ream and Christina Ream as the co-owners of Pro-Care
Nonemergency Transportation, a private business located in Humble, Texas. 	His
action must be dismissed for two reasons.
First, as explained above, § 1983 provides a cause of action only against state
actors. 	See West, 487 U.S. at 48. As a private business, even one contracting with
a state agency, Pro-Care qualifies as a state actor only if it is performing a function
that "is traditionally the exclusive province of the state." 	Rosborough v. Mgmt. &
Training Corp., 350 F.3d459, 460 (5th Cir. 2003) (per curiam). Under this standard,
the 	functions 	must be 	both traditionally and 	exclusively 	governmental. 	See
Manhattan Cmty. Access Corp. 	v. Halleck, 	587 U.S. 802, 809 (2019); Bass v.
Parkwood Hosp., 180 F.3d 234, 241-42 (5th Cir. 1999). Neither the government's
approval of nor acquiescence in the conduct of a private party is s1,1fficient to make
6/9
Case 4:26-cv-01525 Document 6 Filed 03/06/26 in TXSD Page 6 of 9

the private entity liable under § 1983. 	See, e.g., Blum v. Yaretsky, 457 U.S. 991,
1004-05 (1982); Manax v. McNamara, 842 F.2d 808, 813 (5th Cir. 1988).
Providing non-emergency ambulance transport is not a function that is either
traditionally or exclusively within the province of the government. 	See Quiroz v.
Hernandez, 	No. 25-40032, 2026 WL 395232, at * 2 (5th Cir. Dec. 31, 2025).
Therefore, a private ambulance company contracting with a state or municipality is
not a state actor for purposes of a § 1983 action. Id. 	In addition, Randy Ream and
Christina Ream are private citizens employed by a private company. 	They are not
employed by the State of Texas, and they are not state actors. 	Id. 	Accordingly,
because the defendants are not state actors, they are not subject to suit under § 1983.
Second, Stewart does not allege claims that arise under the Constitution or
federal law. A claim for negligence is a state tort action, not a federal constitutional
violation. See Daniels v. Williams, 474 U.S. 327, 331-32 (1986). Section 1983 has
never been interpreted to provide that simple negligence on the part of a prison or
other state official is a basis for a constitutional violation. Id. 	Therefore, a claim of
negligent driving does not establish a violation of a constitutional right for purposes
of pursuing a§ 1983 action. 	See, e.g., Baughman v. Hickman, 935 F.3d 302, 309
(5th Cir. 2019); Burns v. Davis, No. 4: 15-cv-3280, 2017 WL 4250529, at *4 (S.D.
Tex. Sept. 22, 2017) (when prisoner alleged that the prison official drove a prison
van at excessive speeds in wet and foggy conditions, the claim sounded in negligence
7/9
Case 4:26-cv-01525 Document 6 Filed 03/06/26 in TXSD Page 7 of 9

and could not proceed under § 1983). 	Further, Stewart calls the accident one of
"negligence," and asserts no facts which would show deliberate indifference or any
other constitutional violation by any defendant.
For both reasons, Stewart's § 1983 claims for negligence against employees
of a private business must be dismissed under 42 U.S.C. § 1997e(c) as legally
frivolous and for failing to state a claim upon which relief can be granted. If Stewart
wishes to pursue these claims, his action is properly filed only in state court.
IV. 	CONCLUSION
Based on the foregoing, the Court ORDERS as follows:
1. The civil-rights action filed by Charlie Lee Stewart, (Dkt. 1), is DISMISSED
with prejudice for failing to state a claim upon which relief can be granted.
2. This dismissal is without prejudice to any right Stewart may have to file his
claims in the state courts.
3. Any pending motions are DENIED as moot.
4. Final judgment will be separately entered.
5. This dismissal counts as a strike for purposes of 28 U.S.C. § 1915(g).
The Clerk shall send a copy of this Memorandum Opinion and Order to the
plaintiff. The Clerk shall also send a copy of this dismissal to the Three-Strikes List
8/9
Case 4:26-cv-01525 Document 6 Filed 03/06/26 in TXSD Page 8 of 9

Manager at the following email: Three Strikes@txs.uscourts.gov.
SIGNED at Houston, Texas, on ---~----'-'---.=....:....:=---b--~ 2026.
DAVID IDTTNER
UNITED STATES DISTRICT JUDGE
9/9
Case 4:26-cv-01525 Document 6 Filed 03/06/26 in TXSD Page 9 of 9