4:25-cv-02243•Williams v. Becerra et al
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION DENETTA R. WILLIAMS, Plaintiff, § § § § § § § § § v. CIVIL ACTION NO. 4:25-cv-2243 CHRISTIAN BECERRA, et al., Defendants. MEMORANDUM, RECOMMENDATION, AND ORDER Pending before the Court1 are the following motions: (1) Defendant Christie Whitbeck’s (“Whitbeck”) Motion to Dismiss (ECF No. 36); (2) Christian Becerra (“Judge Becerra”), Argie Brame (“Judge Brame”), Tiffany Newell (“Newell”), John Oldham (“Oldham”), and Beverley McGrew-Walker’s (“McGrew-Walker”) (collectively, the “Fort Bend County Defendants”) Motion to Dismiss (ECF No. 39); (3) the Fort Bend County Defendants’ Motion to Recognize Dismissal of Lena Smith and Fort Bend County, Texas (ECF No. 40); (4) Jonathan G. Brush (“Brush”) and Rogers, Morris & Grover, L.L.P.’s (“RMG”) (collectively, the “RMG Defendants”) Motion to Dismiss (ECF No. 41); (5) Angie Hanan (“Hanan”), Shirley Rose-Gilliam (“Rose-Gilliam”), Judy Dae (“Dae”), Rick Garcia (“Garcia”), Sonya Jones (“Jones”), Kristen Malone 1 This case was referred to the Undersigned for all purposes pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Federal Rule of Civil Procedure 72. (ECF No. 30). United States District Court Southern District of Texas ENTERED January 15, 2026 Nathan Ochsner, Clerk Case 4:25-cv-02243 Document 51 Filed 01/15/26 in TXSD Page 1 of 31
2 (“Malone”), Robert Scamardo (“Scamardo”), and Coby Wilbanks’ (“Wilbanks”) (collectively, the “FBISD Defendants”) Motion to Dismiss (ECF No. 42); (6) the FBISD Defendants’ Motion for Sanctions (ECF No. 45); and (7) the RMG Defendants’ Motion for Sanctions (ECF No. 46). Based on a review of the motions, arguments, and relevant law, the Court RECOMMENDS Whitbeck’s Motion to Dismiss (ECF No. 36), the Fort Bend County Defendants’ Motion to Dismiss (ECF No. 39), the Fort Bend County Defendants’ Motion to Recognize Dismissal (ECF No. 40), the RMG Defendants’ Motion to Dismiss (ECF No. 41), and the FBISD Defendants’ Motion to Dismiss (ECF No. 42) be GRANTED. The Court also ORDERS that the FBISD Defendants’ Motion for Sanctions (ECF No. 45) and the RMG Defendants’ Motion for Sanctions (ECF No. 46) are DENIED. I. Background This case stems out of Plaintiff’s time as a school board member with the Fort Bend Independent School District (“FBISD”). (See ECF No. 35 at ¶ 21). Plaintiff alleges she was elected to serve FBISD Position 5 on November 3, 2020. (Id.). After Plaintiff was sworn in, and over the course of four years, Plaintiff alleges the “FBISD Defendants”2 surveilled Plaintiff to find 2 Plaintiff does not identify who is included in the term “FBISD Defendants.” Case 4:25-cv-02243 Document 51 Filed 01/15/26 in TXSD Page 2 of 31
3 information that would “force” Plaintiff to resign from her position. (See id. at ¶¶ 23, 25–30). On June 12, 2021, Plaintiff alleges the “FBISD Defendants” voted to use $54 million dollars from the general revenue fund to construct an elementary school. (Id. at ¶ 31). Plaintiff felt the vote would decrease the funds available to assist students and sought to rescind the item. (Id. at ¶ 32). On June 19, 2021, Plaintiff alleges the “FBISD Defendants” and the “RMG Defendants”3 encouraged an individual to file a “manufactured and highly defamatory complaint” against Plaintiff in retaliation for Plaintiff speaking out against the measure. (Id. at 33). On June 29, 2021, Plaintiff alleges the FBISD Board President hired an attorney to investigate Plaintiff. (Id. at ¶ 36). Plaintiff alleges the “FBISD Defendants” embezzled over $80,000.00 of taxpayers’ funds to pay the investigator. (Id. at ¶ 39). Plaintiff then alleges the “FBISD Defendants” and Whitbeck filed a “false claim with liberty mutual insurance claiming an employee embezzled $77,000.00 from the District in an attempt to recover the $80,000.00 that the FBISD Defendants embezzled to pay the . . . private investigator.” (Id. at ¶ 40). 3 Plaintiff does not identify who is included in the term “RMG Defendants.” Case 4:25-cv-02243 Document 51 Filed 01/15/26 in TXSD Page 3 of 31
4 On September 6, 2021, the “FBISD Defendants” voted to hire Whitbeck as the superintendent of schools. (Id. at ¶ 41). On September 13, 2021, Plaintiff claims the “FBISD Defendants” voted to “steer a multi-million-dollar contract to Dr. Whitbeck’s business associate in which the plaintiff harshly disagreed with during the public meeting.” (Id. at ¶ 45). Plaintiff states she ultimately filed a complaint with the Texas Education agency regarding the “FBISD Defendants’” contract with Whitbeck’s business associate. (Id. at ¶ 48). On October 11, 2021, Plaintiff alleges the board of trustees called a special meeting where the “FBISD Defendants” requested for Plaintiff to resign her seat from elected office or else they would release the private investigator’s report. (Id. at ¶ 50). Plaintiff did not resign, and the report was released to the public on October 26, 2021. (Id. at ¶¶ 51–52). On January 23, 2023, Plaintiff alleges the “FBISD Defendants” ordered a school board election “knowing the plaintiff’s term of office did not expire until November 2023.” (Id. at ¶ 56). Plaintiff alleges the “FBISD Defendants” proceeded to embezzle $327,000.00 to bribe . . . Oldham to construct the ultra vires election.” (Id. at ¶ 57). Case 4:25-cv-02243 Document 51 Filed 01/15/26 in TXSD Page 4 of 31
5 On April 21, 2023, Plaintiff “filed an election lawsuit to stop the ultra vires election.” (Id. at ¶ 58). Plaintiff alleges Judges Brame and Becerra presided over the lawsuit. (Id. at ¶¶ 60–62). On May 13, 2025, Plaintiff filed the instant case. (ECF No. 1). Later, on July 29, 2025, Plaintiff filed her First Amended Complaint (“FAC”). (ECF No. 35). Plaintiff’s FAC asserts a 42 U.S.C. § 1983 suit raising First and Fourth Amendment violations, a § 1983 conspiracy claim, a 42 U.S.C. § 1985 conspiracy claim; and a Monell claim. (Id. at ¶¶ 70–88). II. Legal Standards a. Rule 12(b)(1) Federal Rule of Civil Procedure (“Rule”) 12(b)(1) requires that a court dismiss a claim if the court does not have subject matter jurisdiction over the dispute. FED. R. C IV . P. 12(b)(1). A motion for lack of subject matter jurisdiction under Rule 12(b)(1) must be considered before any motion on the merits because subject matter jurisdiction is required to determine the validity of any claim. Moran v. Kingdom of Saudi Arabia, 27 F.3d 169, 172 (5th Cir. 1994). “Lack of subject matter jurisdiction may be found in any one of three instances: (1) the complaint alone; (2) the complaint supplemented by undisputed facts evidenced in the record; or (3) the complaint supplemented by undisputed facts plus the court’s resolution of disputed facts.” Ramming v. Case 4:25-cv-02243 Document 51 Filed 01/15/26 in TXSD Page 5 of 31
6 United States, 281 F.3d 158, 161 (5th Cir. 2001). “The burden of proof for a Rule 12(b)(1) motion to dismiss is on the party asserting jurisdiction.” Id. b. Rule 12(b)(6) Rule 12(b)(6) provides for dismissal of an action for “failure to state a claim upon which relief can be granted.” FED. R. C IV . P. 12(b)(6). When considering a motion to dismiss, a court should construe the allegations in the complaint favorably to the pleader and accept as true all well-pleaded facts. Sullivan v. Leor Energy, LLC, 600 F.3d 542, 546 (5th Cir. 2010). In the Fifth Circuit, motions to dismiss under Rule 12(b)(6) are viewed with disfavor and rarely granted. Lormand v. U.S. Unwired, Inc., 565 F.3d 228, 232 (5th Cir. 2009). To survive dismissal, a complaint must plead “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 reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). However, a court is not bound to accept legal conclusions couched as factual allegations. Papasan v. Allain, 478 U.S. 265, 286 (1986). Although all reasonable inferences will be resolved in favor of a plaintiff, a plaintiff must plead “specific facts, not mere conclusory allegations.” Tuchman v. DSC Case 4:25-cv-02243 Document 51 Filed 01/15/26 in TXSD Page 6 of 31
7 Commc’ns Corp., 14 F.3d 1061, 1067 (5th Cir. 1994); see also Firefighters’ Ret. Sys. v. Grant Thornton, L.L.P., 894 F.3d 665, 669 (5th Cir. 2018) (“Although a complaint does not need detailed factual allegations, the allegations must be enough to raise a right to relief above the speculative level . . . .”) (internal quotations omitted)). “‘Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.’” Firefighters’ Ret. Sys., 894 F.3d at 669 (quoting Iqbal, 556 U.S. at 678). “The court is not required to conjure up unpled allegations or construe elaborately arcane scripts to save a complaint.” Santerre v. Agip Petroleum Co., Inc., 45 F. Supp. 2d 558, 568 (S.D. Tex. 1999) (internal quotations omitted). To determine whether to grant a Rule 12(b)(6) motion, a court may only look to allegations in a complaint to determine their sufficiency. Id.; Atwater Partners of Tex. LLC v. AT & T, Inc., No. 2:10-cv-175-TJW, 2011 WL 1004880, at *1 (E.D. Tex. Mar. 18, 2011). “A court may, however, also consider matters outside the four corners of a complaint if they are incorporated by reference, items subject to judicial notice, matters of public record, orders, items appearing in the record of a case, and exhibits attached to a complaint whose authenticity is unquestioned.” Joubert on Behalf of Joubert v. City of Houston, No. 4:22-cv-3750, 2024 WL 1560015, at *2 (S.D. Tex. Apr. 10, 2024). Case 4:25-cv-02243 Document 51 Filed 01/15/26 in TXSD Page 7 of 31
8 “A document filed pro se is to be liberally construed, and a pro se complaint, however inartfully pleaded, must be held to less stringent standards than formal pleadings drafted by lawyers.”4 Erickson v. Pardus, 551 U.S. 89, 94 (2007) (internal citations and quotation marks omitted); see also F ED. R. C IV . P. 8(e) (“Pleadings must be construed so as to do justice”). III. Discussion a. The Fort Bend County Defendants’ Motion to Dismiss (ECF No. 39) The Fort Bend County Defendants argue Plaintiff’s FAC should be dismissed under Rule 12(b)(6) on various grounds. (ECF No. 39 at 10). Plaintiff did not file a response. Pursuant to Local Rule 7.4, failure to respond is taken as a representation of no opposition. S.D. TEX . LOCAL R. 7.4. The Court construes all pro se filings liberally. See Erickson, 551 U.S. at 94. Regardless of Plaintiff’s failure to respond to the motion to dismiss, the Court 4 Because Plaintiff has been allowed to proceed in forma pauperis, Plaintiff’s FAC is subject to screening under § 1915(e)(2). Section 1915(e)(2)(B) provides for sua sponte dismissal of a complaint, or any portion thereof, if the Court finds it is frivolous or malicious, if it fails to state a claim on which relief may be granted, or if it seeks monetary relief against a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B). Section 1915(e)(2)(B) applies equally to prisoner as well as non-prisoner in forma pauperis cases. See Newsome v. Equal Employment Opportunity Commission, 301 F.3d 227, 231–33 (5th Cir. 2002) (affirming dismissal of nonprisoner claims for frivolity and failure to state a claim under § 1915(e)(2)(B)(i) and (ii)). “Dismissal of an in forma pauperis complaint is appropriate if the district court determines that it is frivolous, i.e., that ‘it lacks an arguable basis in either law or fact.’” Boyd v. Biggers, 31 F.3d 279, 281–82 (5th Cir. 1994) (quoting Neitzke v. Williams, 490 U.S. 319, 325 (1989)). A complaint is legally frivolous if it is premised on an “indisputably meritless legal theory.” Neitzke, 490 U.S. at 327. Case 4:25-cv-02243 Document 51 Filed 01/15/26 in TXSD Page 8 of 31
9 will consider the merits of the Fort Bend County Defendants’ motion. See Gonzalez v. Mongo, No. 24-cv-5145, 2025 WL 2174763, at *2 (S.D. Tex. July 31, 2025); Chilton v. Texas S. Univ., No. 4:24-cv-1646, 2024 WL 4282092, at *1 (S.D. Tex. Sept. 24, 2024) (“[W]here a party does not respond to a motion to dismiss, such failure does not permit the Court to enter a ‘default’ dismissal.”). i. Judge Becerra and Judge Brame The Fort Bend Defendants argue Judge Becerra and Judge Brame are entitled to absolute judicial immunity because their alleged acts (1) were within their judicial capacity and (2) were not taken in the absence of all jurisdiction. (ECF No. 39 at 16). Judicial immunity is an absolute immunity from suit, not just from the ultimate assessment of damages. Mireles v. Waco, 502 U.S. 9, 11 (1991). Allegations of bad faith, malice, or corruption do not overcome judicial immunity. Id. Judicial immunity is inapplicable only when: (1) a judge takes an action that is not within her official capacity; or (2) as it concerns judicial actions “taken in the complete absence of all jurisdiction.” Id. Courts must construe jurisdiction broadly for purposes of judicial immunity. See Adams v. McIlhany, 764 F.2d 294, 299 (5th Cir. 1985) (citing Stump v. Sparkman, 435 U.S. 349, 356–57 (1978)). Case 4:25-cv-02243 Document 51 Filed 01/15/26 in TXSD Page 9 of 31
10 Judge Becerra presides over the 434th Judicial District Court in Fort Bend County, Texas. (See ECF No. 35 at ¶ 5; ECF No. 39 at 11). Judge Brame serves as associate judge for the same court. (See ECF No. 35 at ¶ 6; ECF No. 39 at 11). Plaintiff’s allegation as to these two judges consists of the following: • “May 2, 2023, Associate Judge . . . Brame presided over the election matter knowing the laws of the state prohibited District Judges from presiding over election matters within their District.” (ECF No. 35 at ¶ 60). • “May 5, 2023, Associate Judge . . . Brame, without JURISDICTION to preside over the election matter.” (Id. at ¶ 61). • “May 8, 2023, Judge . . . Becerra signed off on Judge Brames [sic] manufactured order, knowing neither of them had JURISDICTION to preside over an election matter within their District.” (Id. at ¶ 62). However, simply claiming the actions of these judges were without jurisdiction does not make it so. See Yan v. Tex., No. 4:24-cv-579, 2025 WL 726582, at *7 (N.D. Tex. Jan. 16, 2025), report and recommendation adopted, No. 4:24-cv- 579, 2025 WL 725267 (N.D. Tex. Mar. 6, 2025). Further, as noted by the Fort Bend Defendants, Plaintiff filed her suit regarding the election in Fort Bend County district court, which invoked the jurisdiction of Judge Becerra and Judge Brame. (ECF No. 39 at 17 (citing ECF No. 39-1 at 4–21)); see also T EX . Case 4:25-cv-02243 Document 51 Filed 01/15/26 in TXSD Page 10 of 31
11 E LEC . C ODE ANN . § 221.002(a) (“Except as otherwise provided by this section, the district court has exclusive original jurisdiction of an election contest.”). Because the alleged conduct by Judge Becerra and Judge Brame was judicial in nature and was undertaken pursuant to the jurisdiction of the 434th Judicial District Court in Fort Bend County, Texas, Judge Becerra and Judge Brame are entitled to absolute judicial immunity. See T EX . GOV ’T C ODE A NN . § 24.578 (2024) (creating the 434th Judicial District Court in Fort Bend County, Texas); see also Rodgers v. 323rd Dist. Ct. Tarrant Cnty. Texas, 797 F. App’x 889 (5th Cir. 2020) (noting an associate judge also has absolute judicial immunity); Morgan v. City of Fort Worth, Tex., No. 4:13-cv-004, 2013 WL 3196580, at *2 (N.D. Tex. June 25, 2013) (same). As discussed above, judicial immunity is a bar against suit. As such, Plaintiff’s claims against Judge Becerra and Judge Brame should be dismissed with prejudice as frivolous under 28 U.S.C. § 1915(e). See Peters v. Rosenthal, No. 22-cv-312, 2022 WL 508330, at *1 (S.D. Tex. Feb. 15, 2022). ii. McGrew-Walker The Fort Bend Defendants argue McGrew-Walker is entitled to absolute quasi-judicial immunity for acts “integral to the judicial process.” (ECF No. 39 at 18). Case 4:25-cv-02243 Document 51 Filed 01/15/26 in TXSD Page 11 of 31
12 “Clerks have absolute quasi-judicial immunity from damages for civil rights violations when they perform tasks integral to the judicial process.” Evans v. Suter, 260 F. App’x 726, 727 (5th Cir. 2007). Plaintiff’s FAC only references McGrew-Walker on one occasion in identifying her as the District Clerk for Fort Bend County. (ECF No. 35 at ¶ 9). Outside of this reference, Plaintiff’s factual allegations or claims for relief do not mention McGrew-Walker. Thus, it is unclear why Plaintiff has sued McGrew-Walker. See Kibbey v. Collin Cnty. Det. Facility, No. 4:21-cv-799, 2023 WL 2541465, at *2 (E.D. Tex. Feb. 22, 2023), report and recommendation adopted, No. 4:21-cv-799, 2023 WL 2527858 (E.D. Tex. Mar. 15, 2023) (“It is unclear why Plaintiff has sued District Clerk Finley, other than she was the District Clerk of Collin County at the time Plaintiff was indicted.”). To the extent Plaintiff intended to include McGrew-Walker in this lawsuit due to her involvement with the case Plaintiff filed in Fort Bend County, the Court finds McGrew-Walker is “entitled to quasi-judicial immunity for such acts.” Id. at *2 (collecting cases). As such, Plaintiff’s claims against McGrew-Walker should be dismissed with prejudice as frivolous under 28 U.S.C. § 1915(e). See Peters, 2022 WL 508330, at *1. Case 4:25-cv-02243 Document 51 Filed 01/15/26 in TXSD Page 12 of 31
13 iii. Newell The Fort Bend Defendants argue Plaintiff’s claims against Newell should be dismissed because Plaintiff did not allege facts against Newell. (ECF No. 39 at 18–19). “Defendants are entitled to proper notice of the claims brought against them.” Kibbey, 2023 WL 2541465, at *2; see also Lozano v. Smith, 718 F.2d 756, 768 (5th Cir. 1983). Similar to McGrew-Walker, Plaintiff’s FAC only references Newell on one occasion in identifying her as a certified court reporter. (ECF No. 35 at ¶ 7). Outside of this reference, Plaintiff’s factual allegations or claims for relief do not mention Newell. Thus, it is unclear why Plaintiff has sued Newell. See Kibbey, 2023 WL 2541465, at *2. Because there are no details provided by Plaintiff as to how Newell relates to the underlying case, Plaintiff fails to state a plausible claim for relief against Newell. Id.; see Greer v. Collier, No. 21-cv3976, 2023 WL 3628272, at *7 (S.D. Tex. May 23, 2023), appeal dismissed sub nom. Greer v. Thomas, No. 23-20311, 2023 WL 9056070 (5th Cir. Sept. 13, 2023) (“Neither Greer’s amended complaint nor his supplemental amended complaint contain any allegations concerning O’Daniel’s personal involvement in the alleged constitutional violation. . . . Without plausible allegations of affirmative personal participation by O’Daniel himself in the acts that allegedly violated Case 4:25-cv-02243 Document 51 Filed 01/15/26 in TXSD Page 13 of 31
14 Greer’s First Amendment rights, Greer has failed to state a claim for individual liability against O’Daniel.”). As such, the Court recommends Plaintiff’s claims against Newell be dismissed with prejudice as frivolous under 28 U.S.C. § 1915(e). iv. Oldham As to the remaining Fort Bend Defendant, Oldham, the Fort Bend Defendants argue Plaintiff fails to state a plausible claim against Oldham. (See ECF No. 39 at 19–29). Plaintiff’s FAC identifies Oldham as “the election administrator for Fort Bend County.” (ECF No. 35 at ¶ 8). In her factual allegations, Plaintiff states “[t]he FBISD Defendants proceeded to embezzle $327,000.00 to bribe . . . Oldham to conduct the ultra vires election.” (Id. at ¶ 57). Plaintiff’s claims for relief do not specifically name Oldham; however, Plaintiff’s conspiracy claim under §§ 1983 and 1985 states “Defendants, each of them, acted as described herein above, in conspiracy with, and with agreement, permission, ratification, and approval of each other to violate the Plaintiff’s civil rights afforded under the United States Constitution.” (Id. at ¶ 84). Construing Plaintiff’s filings liberally, as the Court must, the Court concludes Plaintiff asserts a conspiracy claim under §§ 1983 and 1985 against Oldham. Case 4:25-cv-02243 Document 51 Filed 01/15/26 in TXSD Page 14 of 31
15 To state a § 1983 conspiracy claim, Plaintiff “must not only allege facts that ‘establish (1) the existence of a conspiracy involving state action, but also (2) a deprivation of civil rights in furtherance of the conspiracy by a party to the conspiracy.’” Shaw v. Villanueva, 918 F.3d 414, 419 (5th Cir. 2019) (quoting Pfannstiel v. City of Marion, 918 F.2d 1178, 1187 (5th Cir. 1990), abrogated on other grounds by Martin v. Thomas, 973 F.2d 449 (5th Cir. 1992)). As discussed above, the only mention Plaintiff makes as to a conspiracy is that “Defendants, each of them, acted as described herein above, in conspiracy with, and with agreement, permission, ratification, and approval of each other to violate the Plaintiff’s civil rights afforded under the United States Constitution.” (ECF No. 35 at ¶ 84). However, Plaintiff alleges no specific facts to support the legal conclusion that Oldham conspired against her. As such, Plaintiff fails to state a plausible § 1983 conspiracy claim against Oldham. See Wright v. City of Harahan, No. 19-cv-13529, 2020 WL 815240, at *10 (E.D. La. Feb. 19, 2020). Similarly, § 1985 creates a cause of action against anyone who conspires to deprive another of “equal protection of the laws” or “equal privileges and immunities under the laws.” 42 U.S.C. § 1985(3). As explained by the Fifth Circuit, a conspiracy is not actionable under § 1985(3) unless it involves race- based animus. See Lockett v. New Orleans City, 607 F.3d 992, 1002 (5th Cir. Case 4:25-cv-02243 Document 51 Filed 01/15/26 in TXSD Page 15 of 31
16 2010). To state a § 1985(3)5 conspiracy claim, Plaintiff must allege that Oldham “(1) conspired; (2) for the purpose of depriving, either directly or indirectly, [her] of equal protection of the laws, or of equal privileges and immunities under the laws; and (3) took or caused action in furtherance of the conspiracy; which (4) injured [her] or deprived h[er] of h[er] rights or privileges as a United States citizen.” Shaw, 918 F.3d at 419. Plaintiff’s § 1985(3) conspiracy claim fails for the same reason her § 1983 conspiracy claim failed: she alleges no specific facts to support the conclusion that Oldham conspired against her. See Wright, 2020 WL 815240, at *11. Plaintiff also fail to allege facts establishing that racial animus played any role. See Cantú v. Moody, 933 F.3d 414, 419 (5th Cir. 2019) (“[I]n this circuit . . . the only conspiracies actionable under § 1985(3) are those motivated by racial animus.”) (internal quotations omitted)). 5 Plaintiff’s FAC, liberally construed, does not reflect an intent to state claims under § 1985(1) or § 1985(2). To the extent Plaintiff intends to state claims under those provisions, she fails to do so. Subsection (1) creates a cause of action against anyone who conspires to (a) prevent a federal officer from discharging their duties or (b) injure a federal officer because of their lawful discharge of their duties. 42 U.S.C. § 1985(1). Plaintiff has not alleged that she was a federal officer; so, any § 1985(1) claim fails. Prevailing on a subsection (2) claim requires proof of race- or class-based animus, Bryant v. Military Dep’t of Miss., 597 F.3d 678, 687 (5th Cir. 2010), and Plaintiff has alleged neither. As such, Plaintiff fails to state any § 1985(2) claims. Wright, 2020 WL 815240, at *11. Case 4:25-cv-02243 Document 51 Filed 01/15/26 in TXSD Page 16 of 31
17 As such, the Court finds Plaintiff fails to state a plausible claim for relief against Oldham and recommends Plaintiff’s claims against Oldham be dismissed with prejudice as frivolous under 28 U.S.C. § 1915(e). b. The Fort Bend County Defendants’ Motion to Recognize Dismissal (ECF No. 40) The Fort Bend Defendants also filed a motion requesting the Court recognize Lena Smith and Fort Bend County, Texas, are no longer parties to the instant case. (ECF No. 40 at 1). Plaintiff did not file a response.6 “An amended complaint supersedes the original complaint and renders it of no legal effect unless the amended complaint specifically refers to and adopts or incorporates by reference the earlier pleading.” King v. Dogan, 31 F.3d 344, 346 (5th Cir. 1994); see also Hicks v. Ashworth, No. 23-cv-2234, 2024 WL 3243474, at *5 (S.D. Tex. June 26, 2024), aff’d, No. 24-20331, 2025 WL 3281407 (5th Cir. Nov. 25, 2025). Thus, “[c]laims and parties not re-alleged in the amended complaint are no longer before the court — the plaintiff has in effect dropped those claims and parties.” Chay v. Montiel, No. 7:23-cv-206, 6 Pursuant to Local Rule 7.4, failure to respond is taken as a representation of no opposition. S.D. Tex. Local R. 7.4. The Court construes all pro se filings liberally. See Erickson, 551 U.S. at 94. Regardless of Plaintiff’s failure to respond, the Court will consider the merits of the motion before the Court. See Gonzalez, 2025 WL 2174763, at *2; Chilton, 2024 WL 4282092, at *1 (“[W]here a party does not respond to a motion to dismiss, such failure does not permit the Court to enter a ‘default’ dismissal.”). Case 4:25-cv-02243 Document 51 Filed 01/15/26 in TXSD Page 17 of 31
18 2025 WL 972829, at *13 (S.D. Tex. Mar. 11, 2025), report and recommendation adopted, No. 7:23-cv-206, 2025 WL 963591 (S.D. Tex. Mar. 31, 2025). In reviewing Plaintiff’s Original Complaint (ECF No. 1), Plaintiff names Lena Smith and Fort Bend County, Texas as defendants. (See id. at 2, 4, 7). However, the two are not named in Plaintiff’s FAC. (See ECF No. 35 at 3–4). Further, Plaintiff’s FAC does not specifically refer to and adopt or incorporate by reference her Original Complaint. As such, by removing Lena Smith and Fort Bend County, Texas as defendants in her FAC, the Court finds this suggests Plaintiff no longer wishes to assert claims against them. See Chay, 2025 WL 972829, at *13. To the extent Plaintiff asserts claims against Lena Smith or Fort Bend County, Texas, the Court recommends they be dismissed with prejudice as frivolous under 28 U.S.C. § 1915(e). c. The RMG Defendants’ Motion to Dismiss Under Rule 12(b)(1) (ECF No. 41) The RMG Defendants argue Plaintiff’s claims against them are barred by the statute of limitations and should be dismissed. (ECF No. 41 at 15–16). Plaintiff did not file a response.7 7 See supra note 6. Case 4:25-cv-02243 Document 51 Filed 01/15/26 in TXSD Page 18 of 31
19 RMG and Brush served as counsel for FBISD’s board. (See ECF No. 35 at ¶¶ 17–18). The only mention Plaintiff’s FAC makes of Brush is that Brush was “employed by [RMG]” and served “as counsel for the board members.” (ECF No. 35 at ¶ 18). Brush is not mentioned in Plaintiff’s FAC fact section or claims for relief. (See id. at ¶¶ 21–88). As noted previously, Plaintiff often refers to “RMG Defendants” in her FAC but she never identifies who is included in that term. Liberally construing Plaintiff’s FAC, the Court will assume Plaintiff is referring to Brush and RMG when she makes allegations against “RMG Defendants” in her FAC. As such, Plaintiff alleges the RMG Defendants encouraged “Garrett Rossier to file a manufactured and highly defamatory complaint against” her in retaliation for Plaintiff speaking out against the measure. (Id. at ¶ 33). Plaintiff also alleges “[t]he Defendants were aware of Rosenthal’s lack of authority to act unilaterally with the hiring of their friend, Attorney Phillip Sharp, to maliciously and unlawfully investigate” Plaintiff.8 (Id. at ¶ 37). Similarly, Plaintiff alleges “[t]he RMG Defendants knew the report was manufactured and the FBISD Defendants were embezzling funds to pay bribe Attorney Phillip Sharp to author the defamatory report, release the report to 8 Plaintiff identifies Dave Rosenthal as FBISD’s board president. (See ECF No. 35 at ¶ 36). Case 4:25-cv-02243 Document 51 Filed 01/15/26 in TXSD Page 19 of 31
20 the Board of trustees.” (Id. at ¶ 47). Plaintiff alleges the RMG Defendants’ actions violated her First and Fourth Amendment rights, and they conspired with others to violate her rights. (See id. at ¶¶ 70–84). The RMG Defendants argue that all of Plaintiff’s allegations against the RMG Defendants arise from the period of June 19, 2021 through September 21, 2021. (See ECF No. 41 at 15). Further, the RMG Defendants contend that the applicable limitations period for Plaintiff’s claims is two years from the date her claims accrued. (Id.). Because Plaintiff did not file her Original Complaint until May 13, 2025, far more than two years after accrual of her claims, the RMG Defendants maintain Plaintiff’s claims are time-barred. (Id. at 15–16). Section 1983 does not prescribe a statute of limitations. Heilman v. City of Beaumont, 638 F. App’x 363, 366 (5th Cir. 2016). Instead, “[t]he statute of limitations for a suit brought under § 1983 is determined by the general statute of limitations governing personal injuries in the forum state.” Piotrowski v. City of Hous., 237 F.3d 567, 576 (5th Cir. 2001). Texas has a two-year statute of limitations for personal injury claims. TEX . C IV . PRAC . & R EM. C ODE § 16.003(a); see Piotrowski, 237 F.3d at 576. In Texas, the limitations period begins to run when the plaintiff “knows or has reason to know of the injury which is the basis of the action.” Burrell v. Newsome, 883 F.2d 416, 418 (5th Case 4:25-cv-02243 Document 51 Filed 01/15/26 in TXSD Page 20 of 31
21 Cir. 1989) (internal quotations omitted). The plaintiff must know of the injury and the causal connection between the defendant and the injury. Piotrowski, 237 F.3d at 576. Here, Plaintiff filed her Original Complaint on May 13, 2025. (ECF No. 1). To survive the motion to dismiss, Plaintiff must have sufficiently pleaded facts that suggested liability for injuries that she did not know of until after May 13, 2023. See Heilman, 638 F. App’x at 366. However, all of Plaintiff’s allegations regarding the RMG Defendants occurred in 2021. (See ECF No. 35 at ¶¶ 33, 36–37, 46–47). It is evident that Plaintiff believed she had suffered an injury or had sufficient information to know that she had been injured because she describes filing complaints during the relevant time period. (Id. at ¶ 53). Plaintiff also filed a lawsuit on April 21, 2023. (Id. at ¶¶ 58, 63). Based on Plaintiff’s allegations, the Courts agrees her claims against the RMG Defendants are barred by the statute of limitations and should be dismissed with prejudice as frivolous under 28 U.S.C. § 1915(e). d. The FBISD Defendants’ Motion to Dismiss (ECF No. 42) The FBISD Defendants move to dismiss Plaintiff’s FAC, arguing all of Plaintiff’s claims against the FBISD Defendants are barred by the statute of limitations. (ECF No. 42 at 15). Plaintiff did not file a response.9 9 See supra note 6. Case 4:25-cv-02243 Document 51 Filed 01/15/26 in TXSD Page 21 of 31
22 For the purposes of this Memorandum and Recommendation, the FBISD Defendants include Hanan, Rose-Gilliam, Dae, Garcia, Jones, Malone, Scamardo, and Wilbanks. As noted above, Plaintiff’s FAC often refers to “the FBISD Defendants” but never defines who that term is intended to include. This is important because Plaintiff does not plead specific facts as to Hanan, Rose-Gilliam, Dae, Garcia, Jones, Malone, Scamardo, or Wilbanks. (See ECF No. 35 at ¶¶ 21–69). Instead, Plaintiff refers generally to “the FBISD Defendants.” (See id. at ¶¶ 23, 25, 30–31, 33, 39–41, 44–45, 47–48, 50, 56–57). Plaintiff’s factual allegations as to the FBISD Defendants begin with allegations that they approved surveillance of Plaintiff in November 2020. (See id. at ¶ 23). The last factual allegation as to the FBISD Defendants states “[t]he FBISD Defendants proceeded to embezzle $327,000.00 to bribe . . . Oldham to conduct the ultra vires election.” (Id. at ¶ 57). Plaintiff then alleges she filed an election lawsuit on April 21, 2023 to stop the “ultra vires election.” (Id. at ¶ 58). Plaintiff’s FAC asserts a 42 U.S.C. § 1983 suit alleging First and Fourth Amendment violations; a § 1983 conspiracy claim; a 42 U.S.C. § 1985 conspiracy claim; and a Monell claim. (Id. at ¶¶ 70–88). As explained above, Plaintiff’s claims have a two-year statute of limitations. See Piotrowski, 237 F.3d at 576; TEX . C IV . PRAC . & R EM. C ODE § 16.003(a). Case 4:25-cv-02243 Document 51 Filed 01/15/26 in TXSD Page 22 of 31
23 Based on Plaintiff’s allegations, all of the FBISD Defendants’ alleged actions that form the basis of Plaintiff’s claims took place between November 2020 and April 2023. (See ECF No. 35 at ¶¶ 22, 58). Plaintiff ultimately filed her Original Complaint on May 13, 2025. (ECF No. 1). To survive the motion to dismiss, Plaintiff must have sufficiently pleaded facts that suggested liability for injuries that she did not know of until after May 13, 2023. See Heilman, 638 F. App’x at 366. Plaintiff has failed to do so. Based on Plaintiff’s allegations, the Courts agrees her claims against the FBISD Defendants are barred by the statute of limitations and should be dismissed with prejudice as frivolous under 28 U.S.C. § 1915(e). e. Whitbeck’s Motion to Dismiss (ECF No. 36) Whitbeck argues Plaintiff’s claims against Whitbeck should be dismissed because the claims occurred outside the relevant statutes of limitations.10 (ECF No. 36 at 11). Plaintiff did not file a response.11 Plaintiff’s FAC ultimately asserts a 42 U.S.C. § 1983 suit alleging First and Fourth Amendment violations, a § 1983 conspiracy claim, and a 42 U.S.C. § 1985 conspiracy claim against Whitbeck. (Id. at ¶¶ 70–84). As explained 10 Whitbeck first argues that any official capacity claims against Whitbeck should be dismissed because they are duplicative of the claims against FBISD. (ECF No. 36 at 10–11). However, FBISD is not listed as a party in Plaintiff’s FAC. (See ECF No. 35 at ¶¶ 4–20). As such, the Court will proceed with Whitbeck’s second argument regarding statute of limitations. 11 See supra note 6. Case 4:25-cv-02243 Document 51 Filed 01/15/26 in TXSD Page 23 of 31
24 above, Plaintiff’s claims have a two-year statute of limitations. See Piotrowski, 237 F.3d at 576; Tex. Civ. Prac. & Rem. Code § 16.003(a). Based on Plaintiff’s allegations, all of Whitbeck’s alleged actions, forming the basis of Plaintiff’s claims, took place between 2021 and 2022. (See ECF No. 35 at ¶¶ 40–43, 45, 48, 50, 52, 54). Plaintiff ultimately filed her Original Complaint on May 13, 2025. (ECF No. 1). To survive the motion to dismiss, Plaintiff must have sufficiently pleaded facts that suggested liability for injuries that she did not know of until after May 13, 2023. See Heilman, 638 F. App’x at 366. Plaintiff has failed to do so. Based on Plaintiff’s allegations, the Courts agrees her claims against Whitbeck are barred by the statute of limitations and should be dismissed with prejudice as frivolous under 28 U.S.C. § 1915(e). f. The FBISD Defendants’ Motion for Sanctions (ECF No. 45) The FBISD Defendants move for sanctions against Plaintiff. (ECF No. 45 at 7). First, the FBISD Defendants argue the Court should sanction Plaintiff in the form of requiring Plaintiff to seek prior approval from the Chief Judge before filing any further lawsuits in the Southern District of Texas. (Id. at 8). Second, the FBISD Defendants contend Plaintiff’s in forma pauperis status should be revoked. (Id. at 8–9). Third, the FBISD Defendants argue Case 4:25-cv-02243 Document 51 Filed 01/15/26 in TXSD Page 24 of 31
25 the Court should award the FBISD Defendants their reasonable and necessary attorneys’ fees and costs. (Id. at 9–10). In her Response, Plaintiff contends she was not properly served with the FBISD Defendants’ motion. (ECF No. 49 at 6). Plaintiff also argues that she has compiled a “massive amount of admissible evidence to prove the elements of her claim” and describes the evidence in her case. (Id. at 6–28). “Federal courts have an inherent power to sanction a party or attorney when necessary to achieve the orderly and expeditious disposition of their dockets.” Terra Partners v. Rabo Agrifinance, Inc., 504 F. App’x 288, 290 (5th Cir. 2012) (internal quotation omitted). Federal courts also have broad authority “to deter vexatious, abusive, and harassing litigation.” Baum v. Blue Moon Ventures, LLC, 513 F.3d 181, 187 (5th Cir. 2008). Here, the Court finds Plaintiff’s actions do not warrant a sanction requiring Plaintiff to seek prior approval from the Chief Judge before filing any further lawsuits in the Southern District of Texas. See Azubuko v. Adams, No. 3:05-cv-1633, 2005 WL 2415943, at *1–2 (N.D. Tex. Sept. 29, 2005), report and recommendation adopted, No. 3:05-cv-1633, 2005 WL 2546917 (N.D. Tex. Oct. 11, 2005) (warning plaintiff, who had filed thirty-nine cases in five years, that sanctions may be imposed if he persisted in filing frivolous lawsuits); Ruston v. United States, No. 3-04-cv-1522, 2004 WL 2187120, at *1 (N.D. Tex. Sept. Case 4:25-cv-02243 Document 51 Filed 01/15/26 in TXSD Page 25 of 31
26 28, 2004), report and recommendation adopted, No. 3-04-cv-1522, 2004 WL 2339797 (N.D. Tex. Oct. 15, 2004) (warning plaintiff, who had filed twelve cases in three months, that sanctions may be imposed if he persisted in filing frivolous lawsuits); Scott v. Stephenson, No. 3:02-cv-0762, 2002 WL 1432373, at *3 (N.D. Tex. July 1, 2002) (warning plaintiff, who filed twenty-four cases in one year, that sanctions may be imposed if he persisted in filing frivolous lawsuits). Further, the Court denies the FBISD Defendants’ request to revoke Plaintiff’s in forma pauperis status as Plaintiff’s actions in this case do not rise to the level to warrant such a sanction at this time. See Walker v. Hunt, No. 1:19-cv-246, 2022 WL 17484273, at *6 (S.D. Miss. July 12, 2022), report and recommendation adopted in part, No. 1:19-cv-246, 2022 WL 16921823 (S.D. Miss. Nov. 14, 2022) (recommending in forma pauperis status be revoked as a sanction for committing a fraud on the Court). Finally, the Court denies the FBISD Defendants’ request for their attorneys’ fees and costs. “[A] court may assess attorney’s fees when a party has acted in bad faith, vexatiously, wantonly, or for oppressive reasons.” Chambers v. NASCO, Inc., 501 U.S. 32, 45–46 (1991) (internal quotations omitted); see also Sample v. Miles, 239 F. App’x 14, 21 n. 20 (5th Cir. 2007); Toon v. Wackenhut Corrs. Corp., 250 F.3d 950, 952–54 (5th Cir. 2001). The Case 4:25-cv-02243 Document 51 Filed 01/15/26 in TXSD Page 26 of 31
27 inherent power to impose sanctions, however, must be exercised with restraint and discretion. See Crowe v. Smith, 151 F.3d 217, 226 (5th Cir. 1998). Here, the FBISD Defendants specifically argue an award of attorneys’ fees and costs is warranted because Plaintiff’s claims were frivolous. (ECF No. 45 at 9–10). However, the Court finds that an award of nearly $40,000 in attorneys’ fees is not appropriate at this time. See Merkle v. Pilgrim REO, LLC, No. 5-18-cv-588, 2019 WL 4447189, at *2 (W.D. Tex. Sept. 16, 2019) (“Viewed through the required lens of ‘restraint and discretion,’ this type of behavior by pro se litigant Merkle—although frustrating and costly—is alone here not enough to mandate an award of sanctions, unless and until it continues beyond a clear warning from the Court like the one included in this order.”). Still, Plaintiff is warned that, [a]ll litigants, even those proceeding pro se, are expected to adhere to the local rules and the governing rules of procedure, and also to refrain from filing frivolous or vexatious motions or appeals.” Id.; see Celestine v. PNK (Lake Charles), LLC, No. 14-cv-172, 2014 WL 5092025, at *5 (W.D. La. Oct. 9, 2014) (“Accordingly, the undersigned recommends only nominal sanctions, but plaintiff is cautioned that future inappropriate filings or other misconduct in this court will not be tolerated. Case 4:25-cv-02243 Document 51 Filed 01/15/26 in TXSD Page 27 of 31
28 The court will feel less inclined toward leniency should plaintiff file another baseless complaint.”). As such, the FBISD Defendants’ Motion for Sanctions (ECF No. 44) is denied. g. The RMG Defendants’ Motion for Sanctions (ECF No. 46) The RMG Defendants also move for sanctions against Plaintiff. (ECF No. 46 at 1). The RMG Defendants’ motion is nearly identical to the FBISD Defendants’ Motion for Sanctions (ECF No. 45). Similar to the FBISD Defendants, the RMG Defendants argue (1) the Court should sanction Plaintiff by requiring Plaintiff to seek prior approval from the Chief Judge before filing any further lawsuits in the Southern District of Texas; (2) Plaintiff’s in forma pauperis status should be revoked; (3) the Court should award the RMG Defendants their reasonable and necessary attorneys’ fees and costs. (ECF No. 46 at 7–10). Plaintiff did not file a response.12 As explained above, Court again finds (1) Plaintiff’s actions do not warrant a sanction requiring Plaintiff to seek prior approval from the Chief Judge before filing any further lawsuits in the Southern District of Texas; (2) Plaintiff’s actions in this case do not rise to the level to warrant her in forma 12 See supra note 6. Case 4:25-cv-02243 Document 51 Filed 01/15/26 in TXSD Page 28 of 31
29 pauperis status to be revoked; and (3) an award of nearly $20,000 in attorneys’ fees (id. at 10) is not appropriate at this time. As such, the RMG Defendants’ Motion for Sanctions (ECF No. 46) is denied. h. Leave to Amend Rule 15(a) requires a trial court to grant a party leave to amend a complaint freely, and the language of the rule “evinces a bias in favor of granting leave to amend.” Marucci Sports, L.L.C. v. Nat’l Collegiate Athletic Ass’n, 751 F.3d 368, 378 (5th Cir. 2014) (citation omitted). By no means is leave to amend automatic, but the court must have a “substantial reason” to deny a party’s request to do so. Id. In deciding whether to grant or deny a motion to amend, the court may consider a variety of factors including “undue delay, bad faith or dilatory motive on the part of the movant, repeated failures to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party . . . , and futility of the amendment.” Id. (quoting Jones v. Robinson Prop. Grp., LP, 427 F.3d 987, 994 (5th Cir. 2005)). Further, denial of a motion for leave to file an amended complaint is within the Court’s discretion when the amendment would be futile. See Briggs v. Mississippi, 331 F.3d 499, 508 (5th Cir. 2003). The “futility standard” is “the same standard of Case 4:25-cv-02243 Document 51 Filed 01/15/26 in TXSD Page 29 of 31
30 legal sufficiency as applies under Rule 12(b)(6).” Stripling v. Jordan Prod. Co., LLC, 234 F.3d 863, 873 (5th Cir. 2000). Here, while Plaintiff does not request leave to amend, the Court notes, based on the foregoing, including judicial immunity, quasi-judicial immunity, and statute of limitations, any potential claims arising out of these facts against Whitbeck, Judge Becerra, Judge Brame, McGrew-Walker, the RMG Defendants, and the FBISD Defendants are barred. Thus, allowing leave to amend would be futile. Similarly, the nature of Plaintiff’s allegations against Newell and Oldham demonstrate that any attempt to amend the claims would be futile. Further, Plaintiff has already amended her complaint on one occasion (ECF No. 35) and has failed to cure any of these deficiencies. IV. Conclusion Based on the foregoing, the Court RECOMMENDS Whitbeck’s Motion to Dismiss (ECF No. 36), the Fort Bend County Defendants’ Motion to Dismiss (ECF No. 39), the Fort Bend County Defendants’ Motion to Recognize Dismissal (ECF No. 40), the RMG Defendants’ Motion to Dismiss (ECF No. 41), and the FBISD Defendants’ Motion to Dismiss (ECF No. 42) be GRANTED. As such, the Court RECOMMENDS Plaintiff’s claims against Whitbeck, the Fort Bend County Defendants, the RMG Defendants, Lena Case 4:25-cv-02243 Document 51 Filed 01/15/26 in TXSD Page 30 of 31
31 Smith, and Fort Bend County, Texas be DISMISSED WITH PREJUDICE as frivolous under 28 U.S.C. § 1915(e) The Court also ORDERS that the FBISD Defendants’ Motion for Sanctions (ECF No. 45) and the RMG Defendants’ Motion for Sanctions (ECF No. 46) are DENIED. The Clerk shall send copies of this Memorandum and Recommendation to the respective parties who have fourteen days from the receipt thereof to file written objections thereto pursuant to Federal Rule of Civil Procedure 72(b) and General Order 2002-13. Failure to file written objections within the time period mentioned shall bar an aggrieved party from attacking the factual findings and legal conclusions on appeal. SIGNED in Houston, Texas on January 15, 2026. ______________________________ Richard W. Bennett United States Magistrate Judge Case 4:25-cv-02243 Document 51 Filed 01/15/26 in TXSD Page 31 of 31
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