Brown et al v. Stensland et al

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Case 4:25-cv-02908 Document 33 Filed 03/13/26 in TXSD Pagelof3
United States District Court

Southem District of Texas
ENTERED
March 16, 2026
UNITED STATES DISTRICT COURT Nathan Ochsner, Clerk
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
KEN BROWN, ef al., §
§
Plaintiffs, §
§
VS. § CIVIL ACTION NO, 4:25-CV-02908

§
MATTHEW STENSLAND, ef a/., §
§
Defendants. §

ORDER

Before the Court are United States Magistrate Judge Peter Bray’s Memorandum and
Recommendation (Doc. #29), Plaintiffs Objections (Doc. #30), and Defendants Matthew
Stensland (“Stensland”) and Joshua Bass’s (“Bass”) Response (Doc. #31). The Magistrate Judge’s
findings and conclusions are reviewed de novo. Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1);
United States v. Wilson, 864 F.2d 1219, 1221 (Sth Cir. 1989), Having reviewed the parties’
arguments and the applicable legal authority, the Court adopts the Memorandum and
Recommendation.

This case arises from an arrest made in the parking lot of a strip mall in Harris County,
Texas. Doc. #29 at 3. On March 19, 2023, Stensland and Bass—deputies from the Harris County
Sheriffs Office—observed an improperly parked vehicle that lacked license plates. Jd. at 4. Their
resulting investigation led to the detention of Plaintiff Ken Brown, Jr, (“Brown”), the driver of the
vehicle, and Plaintiff K.B. I (“K.B. 1’), Brown’s son. /d. at 5. Stensland and Brown searched the

vehicle and found marijuana and firearms. /d@. at 6. Eventually, the vehicle was impounded and

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

Case 4:25-cv-02908 Document 33 Filed 03/13/26 in TXSD Page 2of3

Brown was atrested for unlawfully carrying a weapon in violation of the Texas Penal Code.' Jd.

Plaintiffs brought this lawsuit in state court against Harris County, Harris County Sheriff
Ed Gonzalez (“Gonzalez”), and Deputies Stensland, Bass, Adolfo Villanueva, and Ciara Casmer
(collectively, the “Deputy Defendants”).’ Doc. #1, Ex. 5. Stensland and Bass removed the case
to this Court on June 23, 2025. Doc. #1. Approximately a month later, on July 21, 2025, Plaintiffs
filed their Amended Complaint, alleging the Deputy Defendants violated the First, Fourth, and
Fourteenth Amendments and asserting a Monel! claim against Harris County and Gonzalez.
Doc. #13. On August 4, 2025, Stensland and Bass filed Motions to Dismiss, arguing they are
entitled to qualified immunity. Doc. #15; Doc. #16. In support of their Motions to Dismiss,
Stensland and Bass provided the Court with their body worn camera (“BWC”) footage from the
incident. Doc. #17. Magistrate Judge Bray issued his Memorandum and Recommendation on
February 11, 2026, recommending the Court dismiss all claims against the Deputy Defendants,
dismiss the Monell claims against Harris County and Gonzalez, and deny Plaintiffs leave to amend
their pleadings. Doc. #29.

Plaintiffs primarily object to the Memorandum and Recommendation on the grounds that
Magistrate Judge Bray should not have considered the BWC footage in evaluating the Motions to
Dismiss, Doc, #30. Most of Plaintiffs’ objections, however, “merely rehash” arguments
Magistrate Judge Bray already considered and rejected. Elmihiv. Paypal Holdings, Inc., No. 2:25-
cv-25, 2026 WL 93046, at *2 (S.D. Tex. Jan. 13, 2026). Furthermore, Plaintiffs fail to provide
authority to support any of their objections, See Farnsworth v. Thaler, No, H-10-1104, 2011 WL

2490405, at *4 (S.D. Tex. June 20, 2011) (finding arguments without legal or factual support to

1K.B. I was released from custody after approximately twenty-eight minutes. Doc. #29 at 7.
* Only Stensland and Bass were ever served with process.
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Case 4:25-cv-02908 Document 33 Filed 03/13/26 in TXSD Page 3of3

be without merit). Upon review, the Court agrees with Magistrate Judge Bray’s analysis.*
Plaintiffs’ objections are thus overruled.

In conclusion, the Court adopts the Memorandum and Recommendation (Doc. #29) as its
Order. Accordingly, the Motions to Dismiss (Doc. #15; Doc. #16) are hereby GRANTED.
Plaintiffs’ claims against Matthew Stensland, Joshua Bass, Adolfo Villanueva, and Ciara Casmer
ate DISMISSED WITH PREJUDICE. Furthermore, Plaintiffs’ Mone// claims against Harris
County, Texas and Sheriff Ed Gonzalez are likewise DISMISSED WITH PREJDUICE, The Court
will enter a separate final judgment.

It is so ORDERED.

MAR 13 2028

Date The Honorable Alfie H. Bennett
United States District! Judge

3 The Court acknowledges one inconsistency in the Memorandum and Recommendation pertaining
to Plaintiff K.B. 1 (“K.B. 2”), Brown’s other son. Specifically, in summarizing the factual
background of this case, Magistrate Judge Bray writes that “another deputy commanded] K.B. I
... to stay inside.” Doc, #29 at 4. Later in the Memorandum and Recommendation, however,
Magistrate Judge Bray states that “K.B. Hf is never heard identifying himself on camera, nor
engaging with officers in any other capacity.” /d at 16. Even considering this discrepancy,
however, Plaintiffs have failed to provide the Court any facts upon which it could conclude that
K.B, II's constitutional rights were violated.
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