6:25-cv-00074•Hernandez v. Victoria County et al
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
VICTORIA DIVISION
JOE RICHARD HERNANDEZ, JR., §
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Plaintiff,
V. CIVIL ACTION NO. 6:25-CV-00074
VCSO VICTORIA COUNTY SHERIFF
OFFICE, et al.,
Defendants.
ORDER ADOPTING MEMORANDUM & RECOMMENDATION
Before the Court is Magistrate Judge Julie K. Hampton's Order and Memorandum and
Recommendation ("M&R"). (D.E. 15). The M&R recommends that the Court retain and dismiss
Plaintiffs claims, (D.E. 5), as follows:
• Retain Plaintiffs municipal liability claim against Victoria County with respect to
its alleged policy or custom that restricts or denies inmates access to mental health
treatment;
• Dismiss with prejudice Plaintiffs 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 Plaintiffs 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 Plaintiffs 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 Plaintiffs claims against Sheriff Marr, Officer Williams,
and Officer Baylor in their official capacities.
(D.E. 15, p. 1-2).
The parties were provided proper notice of, and the opportunity to object to, the Magistrate
Judge ' s M&R. See 28 U.S.C. § 636(b)(l); FED. R. Clv. P. 72(b); General Order No. 2002-13. No
objection has been filed. When no timely objection has been filed, the district court need only
I / 2
United States District Court
Southern District of Texas
ENTERED
May 28, 2026
Nathan Ochsner, Clerk
Case 6:25-cv-00074 Document 31 Filed 05/28/26 in TXSD Page 1 of 2determine whether the Magistrate Judge's M&R is clearly erroneous or contrary to law. United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989) (per curiam); Powell v. Litton Loan Servicing, L.P. , No. 4:14-CV-02700, 2015 WL 3823141 , at* 1 (S .D. Tex. June 18 , 2015) (Harmon, J.) (citation omitted). Having reviewed the proposed findings and conclusions of the Magistrate Judge, the filings of the parties, the record, and the applicable law, and finding that the M&R is not clearly erroneous or contrary to law, the Court ADOPTS the M&R in its entirety. (D.E. 15). Accordingly, the Court: • RETAINS 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; • DISMISSES 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; • DISMISSES 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; • DISMISSES 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 • DISMISSES without prejudice Plaintiff's claims against Sheriff Marr, Officer Williams, and Officer Baylor in their official capacities. SO ORDERED. DA S. MORALES UNITED STATES DISTRICT JUDGE Signed: Corpus Christi, Texas May z..q-Y;2, 026 2 / 2 Case 6:25-cv-00074 Document 31 Filed 05/28/26 in TXSD Page 2 of 2
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