4:25-cv-04455•Ngandjikomba v. Deputy X. Vargas et al
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION Cimire Ngandjikomba, § § Plaintiff, § § v. § Civil Action No. 4:25-cv-4455 § Harris County Sheriff’s Office and § Deputy X. Vargas, § § Defendants. § JUDGE PALERMO’S REPORT AND RECOMMENDATION This case is about a traffic arrest.1 Defendant Harris County Sheriff’s Office (“Sheriff’s Office”) moves to dismiss Plaintiff Cimire Ngandjikomba’s amended complaint. ECF No. 27.2 Defendant Deputy X. Vargas (“Vargas”) also moves to dismiss. ECF No. 28.3 Having considered the briefs and applicable law, the Court determines that the Sheriff’s Office’s motion should be granted and Vargas’ motion should be granted except as to excessive force. In addition, the Court sua sponte finds that Harris County should be dismissed for lack of service of process. I. BACKGROUND Plaintiff is a Houston METRO bus driver. ECF No. 25. ¶ 4. On July 13, 2025, 1 The district judge referred all pretrial proceedings under 28 U.S.C. § 636. Order, ECF No. 17. 2 Plaintiff responded. ECF No. 29. The Sheriff’s Office replied. ECF No. 32. 3 Plaintiff responded. ECF No. 30. Vargas replied. ECF No. 31. Plaintiff sur-replied. ECF No. 34. United States District Court Southern District of Texas ENTERED July 10, 2026 Nathan Ochsner, Clerk Case 4:25-cv-04455 Document 39 Filed 07/10/26 in TXSD Page 1 of 19
she was driving her assigned route when she encountered Deputy Vargas at the intersection of San Jacinto and E10. Id. ¶¶ 7–8. Apparently, “[b]oth traffic lights were green” at the intersection, but Vargas instructed Plaintiff to “Go ahead” and proceed through. Id. ¶ 9. After she did so, however, Vargas “activated his patrol lights and began following the bus.” Id. ¶ 10. Aware she was being followed, Plaintiff pulled over at the next intersection of “Jensen and Providence” and opened the bus door. Id. ¶ 11.4 Vargas then “pointed a weapon at her and ordered her to get off the bus and lie on the” ground. Id.5 “Fearing for her life, Plaintiff complied,” and Vargas “handcuffed her right wrist and forcefully placed her in the back of his patrol car.” Id. ¶ 12. As a result of the incident, Plaintiff claims her “right wrist was injured,” requiring a medical brace, “[s]he missed work,” and she “endured significant trauma,” including “daily panic attacks and fear of law enforcement.” Id. ¶¶ 18, 20. She felt humiliated and “lost income due to her inability to work” afterwards. Id. ¶ 20. 4 Defendants explain that the intersections are about 1.2 miles apart. ECF No. 27 at 3; ECF No. 28 at 8. Plaintiff does not dispute the distance, and it aligns with measurements from reliable traffic- mapping services. Accordingly, the Court takes judicial notice that the distance between the San Jacinto-E10 and Jensen-Providence intersections is about 1.2 miles. FED. R. EVID. 201(b)(2). 5 Plaintiff is not clear about what kind of weapon is involved. Her original complaint alleged it was a gun or taser. Compl., ECF No. 1 ¶ 9; Decl., ECF No. 1-2 at 1. Several other filings used the term weapon. Am. Compl., ECF No. 25 ¶¶ 11, 21; Pl.’s Resp. to Sheriff’s MTD, ECF No. 29 at 2; Pl.’s Resp. to Vargas’ MTD, ECF No. 30 ¶¶ 11, 15. In her sur-reply, Plaintiff uses the term gun and firearm. ECF No. 34 at 4-5. Case 4:25-cv-04455 Document 39 Filed 07/10/26 in TXSD Page 2 of 19
On September 19, 2025, Plaintiff sued Vargas and the Sheriff’s Office. ECF No. 1. She later filed an amended complaint, asserting claims against Vargas and Harris County. ECF No. 25 ¶¶ 21–26. The Sheriff’s Office and Vargas move to dismiss the amended complaint under Federal Rule of Civil Procedure 12(b)(6). ECF Nos. 27, 28. II. STANDARD TO DISMISS UNDER RULE 12(B)(6) Rule 12(b)(6) authorizes courts to dismiss a complaint for “failure to state a claim upon which relief can be granted.” To survive a 12(b)(6) motion, a plaintiff must plead “enough facts to state a claim to relief that is plausible on its face.” Gaskin v. Univ. of Hous. Police Dep’t, No. CV H-25-1658, 2025 WL 3514356, at *3 (S.D. Tex. Dec. 8, 2025) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). A claim is facially plausible when the factual allegations “allow[] the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. (quoting Calogero v. Shows, Cali & Walsh, L.L.P., 970 F.3d 576, 580 (5th Cir. 2020)). In determining a motion to dismiss, “‘[c]ourts accept ‘all well-pleaded facts as true’ and ‘view them in the light most favorable to the plaintiff.’” Id. (original alteration adopted) (quoting Allen v. Walmart Stores, L.L.C., 907 F.3d 170, 177 (5th Cir. 2018)). At this stage, courts may only consider “(1) the facts in the complaint; (2) documents attached to the complaint; and (3) matters of which the court may Case 4:25-cv-04455 Document 39 Filed 07/10/26 in TXSD Page 3 of 19
take judicial notice.” Id. (citing Walker v. Beaumont Indep. Sch. Dist., 938 F.3d 724, 735 (5th Cir. 2019)). III. PLAINTIFF’S CLAIMS AGAINST THE SHERIFF’S OFFICE AND HARRIS COUNTY SHOULD BE DISMISSED. In her amended complaint, Plaintiff asserts one claim against Harris County— not the Sheriff’s Office—under Monell. ECF No. 25 ¶ 24–27. The Court addresses the claims against each municipal entity. A. The Sheriff’s Office Should Be Dismissed Because Plaintiff Asserts No Claims Against It. Plaintiff alleges that “Harris County, through the Sheriff’s Office,” is liable for Vargas’ actions under Monell v. Department of Social Services, 436 U.S. 658 (1978), because it “failed to properly train, supervise, or discipline deputies regarding use of force, de-escalation, and constitutional limits.” ECF No. 25 ¶¶ 24– 27. The Sheriff’s Office argues that this claim should be dismissed because, as an office of Harris County, it cannot be sued directly since “offices within counties are not legal entities capable of being sued” under Texas law. ECF No. 27 at 6. In response, Plaintiff maintains that her amended complaint “names Harris County,” rather than the Sheriff’s Office, “as the municipal entity responsible for policies, training, and supervision of its law enforcement personnel.” ECF No. 29 at 1. True enough, Plaintiff named the Sheriff’s Office as a Defendant in her original complaint but later changed it to Harris County in her amended complaint. Case 4:25-cv-04455 Document 39 Filed 07/10/26 in TXSD Page 4 of 19
Compare ECF No. 1, with ECF No. 25. In her response to the Sheriff’s Office’s motion, she also reiterates that “Harris County failed to adequately train, supervise, or discipline deputies”—not the Sheriff’s Office. ECF No. 29 at 2 (emphasis added). Thus, Plaintiff concedes that she no longer asserts claims against the Sheriff’s Office. Accordingly, the Sheriff’s Office should be dismissed as a Defendant from this case. B. Harris County Should Be Dismissed Because Plaintiff Failed to Serve Within 90 Days. Under Rule 4(m), courts “must dismiss the action without prejudice against [a] defendant or order that service be made within a specified time” if the “defendant is not served within 90 days after the complaint is filed.” FED. R. CIV. P. 4(m). The Court may grant an extension “if the plaintiff shows good cause for the failure” to serve a defendant within 90 days. Id. Here, Plaintiff filed her amended complaint—which replaced the Sheriff’s Office as a Defendant with Harris County—on November 10, 2025. ECF No. 25. But as the Sheriff’s Office points out, “Harris County has not been served in this case” nor “made an appearance” over 180 days later. ECF No. 32 at 2 (emphasis omitted). While Plaintiff served the Sheriff’s Office with the original complaint, ECF No. 8, that service does not constitute service on Harris County. In her response, Plaintiff argues that “Harris County is a Proper Defendant” but does not Case 4:25-cv-04455 Document 39 Filed 07/10/26 in TXSD Page 5 of 19
acknowledge that she failed to serve Harris County within 90 days—much less establish good cause for her failure. ECF No. 29 at 2. Accordingly, the Court recommends dismissing without prejudice Harris County as a Defendant under Rule 4(m). IV. VARGAS’ MOTION FOR QUALIFIED IMMUNITY SHOULD BE DENIED AS TO PLAINTIFF’S EXCESSIVE-FORCE CLAIM AND GRANTED AS TO ALL OTHER CLAIMS. Plaintiff next asserts three claims against Vargas in his individual capacity: one for excessive force under the Fourth Amendment, ECF No. 25 ¶ 21; another for false arrest and unlawful detention under the Fourth and Fourteenth Amendments, id. ¶ 22; and the final one for deprivation without due process under the Fourteenth Amendment, id. ¶ 23. Vargas responds that, among other things, he is entitled to qualified immunity. ECF No. 28 at 13–14. The Court disagrees as to the excessive force claim. “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” Barber v. Rounds, 169 F.4th 577, 581 (5th Cir. 2026) (quoting Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982)). “[A] plaintiff seeking to overcome qualified immunity must plead specific facts that both allow the court to draw the reasonable inference that the defendant is liable for the harm he has alleged and that defeat a qualified Case 4:25-cv-04455 Document 39 Filed 07/10/26 in TXSD Page 6 of 19
immunity defense with equal specificity.” Id. (alteration in original) (quoting Backe v. LeBlanc, 691 F.3d 645, 648 (5th Cir. 2012)). Courts analyze qualified immunity in two steps. First, they “must determine whether, ‘[t]aken in the light most favorable to the party asserting the injury, . . . the facts alleged show the [government official]’s conduct violated a constitutional right[.]’” Id. (alterations in original) (quoting Saucier v. Katz, 533 U.S. 194, 201 (2001), overruled in part on other grounds by Pearson v. Callahan, 555 U.S. 223, 236 (2009)). Second, courts “determine ‘whether the right was clearly established.’” Id. (quoting Saucier, 533 U.S. at 201). A right is “clearly established” when its “contours” are “sufficiently clear that a reasonable official would understand that what he is doing violates that right.” Id. at 582 (quoting Thompson v. Upshur Cnty., Tex., 245 F.3d 447, 457 (5th Cir. 2001)). “[E]xisting precedent must have placed the . . . constitutional question beyond debate.” Id. (ellipsis in original) (quoting Craig v. Martin, 49 F.4th 404, 417 (5th Cir. 2022)). “The salient question is whether the state of the law gives the official ‘fair warning’ that his or her conduct is unconstitutional.” Ford v. Anderson Cnty., Tex., 102 F.4th 292, 307 (5th Cir. 2024) (quoting Hope v. Pelzer, 536 U.S. 730, 741 (2002)). The Court analyzes each claim against Vargas in turn. Case 4:25-cv-04455 Document 39 Filed 07/10/26 in TXSD Page 7 of 19
A. Vargas Is Not Entitled to Qualified Immunity for Plaintiff’s Excessive-Force Claim. Plaintiff alleges that “Vargas used objectively unreasonable force, including pointing a weapon, forcibly handcuffing, and dragging [her] from the bus,” violating her “rights under the Fourth Amendment.” ECF No. 25 ¶ 21. “The Fourth Amendment creates a right to be free from excessive force during a seizure.” Anderson v. Estrada, 140 F.4th 634, 642 (5th Cir. 2025) (internal quotation marks omitted) (quoting Trammell v. Fruge, 868 F.3d 332, 340 (5th Cir. 2017)), cert. denied, 146 S. Ct. 825 (2025). “To establish a claim of excessive force under the Fourth Amendment, plaintiffs must demonstrate: (1) injury, (2) which resulted directly and only from a use of force that was clearly excessive, and (3) the excessiveness of which was clearly unreasonable.” Id. (internal quotation marks omitted) (quoting Deville v. Marcantel, 567 F.3d 156, 167 (5th Cir. 2009) (per curiam)). To determine “whether the force used was clearly excessive and clearly unreasonable,” courts pay “careful attention to the facts and circumstances of each particular case, including [1] the severity of the crime at issue, [2] whether the suspect poses an immediate threat to the safety of the officers or others, and [3] whether he is actively resisting arrest or attempting to evade arrest by flight.” Id. (quoting Graham v. Connor, 490 U.S. 386, 396 (1989)). Here, the crime at issue, if any, was a minor traffic infraction. Plaintiff drove through a green light at the intersection of San Jacinto and E10 after Vargas told her Case 4:25-cv-04455 Document 39 Filed 07/10/26 in TXSD Page 8 of 19
to “Go ahead.” ECF No. 25 ¶¶ 8-9. When Vargas turned on his lights and began following her, she continued to drive for a short distance before pulling over to the first exit, the next intersection. Id. ¶ 11. Even if Plaintiff committed no crime by driving through the intersection, and even if she “stopped at the first safe and lawful location . . . consistent with METRO policy, state transportation safety standards, and basic commercial-vehicle protocols,” ECF No. 34 at 2, Vargas may have reasonably believed that her failure to stop once he turned on his lights constituted a misdemeanor. McWashington v. Rodgers, No. 4:24-CV-2153, 2025 WL 1124752, at *11 (S.D. Tex. Apr. 15, 2025) (explaining that “the Court must assess the facts and circumstances ‘from the perspective of a reasonable officer on the scene’” (quoting Graham, 490 U.S. at 396)); ECF No. 28 at 15 (explaining that “fail[ing] to stop for an officer” is a misdemeanor); T EX. T RANSP. CODE § 545.421. Nonetheless, given the relatively short distance it took Plaintiff to stop and the fact that she stopped at the next intersection, ECF No. 34 at 2, the Court finds that her failure to immediately stop was not particularly serious even from Vargas’ perspective.6 Nor does the Court find that a reasonable officer could have concluded that she was attempting to flee arrest given that she pulled over and opened the bus door. The first and third Graham factors—severity of the crime and attempt to flee—therefore favor 6 The Court takes note that at the end of this episode, Vargas did not arrest and charge Plaintiff. Instead, he released her, further demonstrating the insignificance of any traffic violation. Pl.’s Resp. Varga’s MTD orig. compl., ECF No. 20 at 3. Case 4:25-cv-04455 Document 39 Filed 07/10/26 in TXSD Page 9 of 19
Plaintiff. The second factor—whether the suspect poses an immediate threat—also favors Plaintiff. At the time of the incident, Plaintiff was driving a METRO bus with at least two passengers. ECF No. 25 ¶ 13. From Vargas’ perspective, her failure to immediately pull over not only concerned Plaintiff’s and his safety but also the safety of the passengers on board. High speed may have amplified that potential risk, but the record is devoid of any evidence as to the speed she was travelling. Plaintiff states that she was making a left turn at an intersection and spoke with Vargas, telling him that her light was green when he gave her the go ahead to proceed. ECF No. 20 at 2; ECF No. 25 ¶ 9. The fact that she was turning suggests she had to slow down. Additionally, talking to Vargas, indicating that she had the green light, also suggests that she had slowed down. After she proceeded through the light, Vargas put on his lights and followed her until she safely stopped at the next intersection. ECF No. 25 ¶ 10. She opened the bus door and Vargas approached with his weapon drawn—a gun or taser—and ordered off the bus. Id. ¶ 11. He forced her to the ground and handcuffed her with such force as to cause a wrist injury. Id. Taking Plaintiff’s allegations as true and considering the totality of the circumstances, it is plausible that Vargas used unreasonable and excessive force in drawing his weapon as he approached the bus and pointing it at Plaintiff, forcing or dragging her off the bus, forcing her to the ground, and handcuffing her with force Case 4:25-cv-04455 Document 39 Filed 07/10/26 in TXSD Page 10 of 19
enough to injury her. Thus, Plaintiff clears the first qualified-immunity hurdle. She also satisfies the second hurdle. Plaintiff argues that a “reasonable officer should have known that pointing a weapon and forcibly handcuffing a compliant bus driver constitutes a violation of her constitutional rights.” ECF No. 30 at 4. “A right is clearly established only if existing precedent places the constitutional question ‘beyond debate.’” Barber, 169 F.4th at 583–84 (quoting Martin, 49 F.4th at 417). Generally, this requires “a case where an officer acting under similar circumstances . . . was held to have violated the Constitution.” Baker v. Coborn, 170 F.4th 988, 994 (5th Cir. 2026) (alteration in original) (quoting Zorn v. Linton, 146 S. Ct. 926, 930 (2026)). The Fifth Circuit explained that “it is not necessary that the very action in question has previously been held unlawful…so long as the prior decisions gave reasonable warning that the conduct then at issue violated constitutional rights. Pigott v. Gintz, No. 23-30879, 2024 WL 5087911, at *7 n. 5 (5th Cir. Dec. 12, 2024) (quoting Austin v. City of Pasadena, 74 F.4th 312, 326 (5th Cir. 2023) (internal quotation marks omitted). “Given the weight of authority holding that an officer may not use force against a compliant, nonthreatening, and subdued subject,” the Fifth Circuit found law enforcement was on notice that brandishing a firearm in a threatening manner violated constitutional rights of the detainee. Id. In Pigott, for example, the Fifth Circuit has held that pointing a gun at traffic Case 4:25-cv-04455 Document 39 Filed 07/10/26 in TXSD Page 11 of 19
detainees “who had committed only a minor traffic offense and were subdued, compliant, nonthreatening, and not actively resisting” was unreasonable. The court concluded that the officer used excessive force where he pulled over a driver, “aimed his gun” at the driver and his children, pointed it between the driver’s “eyes and press[ed] the barrel against the back of [the driver’s] head, all while he had his finger on the trigger” and threatened to blow the driver’s “head off.” Id. Similarly, in Castro v. Kory, officers found a truck driver napping in his vehicle “on private property behind a strip mall.” No. 23-50268, 2024 WL 1580175, at *1 (5th Cir. Apr. 11, 2024). After calling out for him to exit the truck, the officers drew their guns and pointed “toward the truck’s cab.” Id. They then approached the truck and struggled with the driver to remove him, at various times pointing guns at his head. Id. On appeal, the Fifth Circuit found that “the force used by the officers, particularly pointing a gun at his head, was clearly disproportionate.” Id. at *4. Thus, the Fifth Circuit held that they were not entitled to qualified immunity on the driver’s excessive-force claims. Here, as Plaintiff alleges, she stopped the bus and opened the door, complying with Vargas’ attempt to pull her over. ECF No. 20 at 2-3. Nonetheless, despite her seeming compliance, Vargas pointed his weapon at Plaintiff when he approached the bus, he shouted and ordered or dragged her off the bus, and she complied, but he forced her to the ground and handcuffed her with force, causing physical injury. Id. Case 4:25-cv-04455 Document 39 Filed 07/10/26 in TXSD Page 12 of 19
He put her in his patrol car. Id. The Fifth Circuit has recognized that where “an individual stopped for a minor traffic offense offers, at most, passive resistance and presents no threat or flight risk, abrupt application of physical force rather than continued verbal negotiating (which may include threats of force) is clearly unreasonable and excessive.” Holland v. Otero, No. 4:25-CV-00373, 2026 WL 684124, at *7 (S.D. Tex. Mar. 10, 2026) (emphasis added) (quoting Cobbins v. Sollie, No. 22-30692, 2023 WL 4015303, at *5 (5th Cir. June 14, 2023)). Here, Vargas’ use of force—pointing a weapon—at a compliant, non-threatening bus driver who stopped after he first waved her through the intersection but then followed her, and dragged her off the bus, forced her to the ground, and forcibly handcuffed her, is unreasonable and excessive given the crime was at best a misdemeanor traffic violation. As to injury, Plaintiff’s alleges that Vargas forcibly handcuffed her and injured her wrist, requiring her to wear a brace and miss work. ECF No. 25 ¶¶ 18, 21. While the Fifth Circuit” holds that “[t]ight handcuffing alone, even where a detainee sustains minor injuries, does not present an excessive force claim,” Templeton v. Jarmillo, 28 F.4th 618, 622 (5th Cir. 2022), here Plaintiff alleges more than minor injuries. She claims she missed work because of the wrist injury and she suffered PTSD, panic attacks, and lost income. Accordingly, Vargas is not entitled to qualified immunity on Plaintiff’s Case 4:25-cv-04455 Document 39 Filed 07/10/26 in TXSD Page 13 of 19
excessive-force claim. B. Plaintiff Fails to State a Plausible False-Arrest or Unlawful- Detention Claim. Next, Plaintiff alleges that Vargas violated her constitutional rights under the Fourth and Fourteenth Amendments by “detain[ing] and arrest[ing] [her] without probable cause or legal justification.” ECF No. 25 ¶ 22. In response, Vargas contends that he had probable cause to detain and arrest her because she failed to yield to him after he turned on his lights. ECF No. 16–17. Vargas is correct. “A false arrest occurs, and an individual’s Fourth Amendment rights are violated, when an officer conducts an arrest without probable cause.” Wood v. Bexar Cnty., Tex., 147 F.4th 534, 546 (5th Cir. 2025) (quoting Scott v. City of Mandeville, 69 F.4th 249, 255 (5th Cir. 2023)), cert. denied sub nom. Wood v. Bexar Cty., No. 25-1048, 2026 WL 1203374 (U.S. May 4, 2026). “An officer has probable cause if ‘the totality of the facts and circumstances’ within his knowledge ‘at the moment of arrest are sufficient for a reasonable person to conclude that the suspect had committed or was committing an offense.’” Id. (quoting Scott, 69 F.4th at 255). “The question is whether there is a ‘fair probability’—i.e., ‘more than a bare suspicion’ but not necessarily 50% certainty—that a crime occurred.” Id. (quoting Scott, 69 F.4th at 255). Under Texas law, “[a] person commits an offense if the person operates a motor vehicle and wilfully fails or refuses to bring the vehicle to a stop . . . when Case 4:25-cv-04455 Document 39 Filed 07/10/26 in TXSD Page 14 of 19
given a visual or audible signal to bring the vehicle to a stop.” T EX. T RANSP. CODE § 545.421(a); see Perkins v. Davis, No. 18-50675, 2019 WL 11854826, at *1 (5th Cir. Feb. 27, 2019) (explaining that petitioner was convicted “for fleeing a police officer in violation of Texas Transportation Code § 545.421”). Here, Vargas “activated his patrol lights and began following” Plaintiff’s bus after she drove through the intersection. ECF No. 25 ¶ 10. But she continued driving to the next intersection before stopping. Id. ¶¶ 11–12. Thus, based on Plaintiff’s own allegations, Vargas had probable cause to believe that she violated Texas Transportation Code § 545.421 by failing to pull over immediately after he activated his patrol lights. Accordingly, her false-arrest claim should be dismissed. C. Plaintiff Fails to State a Plausible Due Process Claim. Finally, Plaintiff alleges that Vargas’ “conduct deprived [her] of liberty, dignity, and bodily integrity without due process” under the Fourteenth Amendment. ECF No. 25 ¶ 23. Neither party briefs this issue further, and it is unclear whether Plaintiff claims Vargas violated her procedural or substantive due process rights. Either way, her claim fails. “To state a procedural due process claim, a plaintiff must show ‘a protected liberty or property interest’ and then show that the state has failed to provide ‘adequate procedures for the vindication of that interest.’” Dunsmore v. Muth, Case 4:25-cv-04455 Document 39 Filed 07/10/26 in TXSD Page 15 of 19
154 F.4th 360, 366 (5th Cir. 2025) (quoting Jordan v. Fisher, 823 F.3d 805, 810 (5th Cir. 2016)). Plaintiff obviously has a protected liberty interest in her “freedom from bodily restraint.” Id. However, a “warrantless arrest is reasonable if the officer has probable cause to believe that a criminal offense has been committed.” McClain v. Delgado, 132 F.4th 362, 365 (5th Cir. 2025) (quoting Loftin v. City of Prentiss, Miss., 33 F.4th 774, 780 (5th Cir. 2022)). Here, as explained above, Vargas had probable cause to believe that Plaintiff committed a misdemeanor criminal offense by failing to yield to his patrol lights. His subsequent arrest was therefore procedurally proper. Thus, Plaintiff’s claim should be dismissed to the extent it relies on procedural due process. To the extent Plaintiff’s claim relies on substantive due process, it fails for two independent reasons. “First, although excessive force claims may sometimes be brought under the substantive due process clause of the Fourteenth Amendment, they must be analyzed under the Fourth Amendment when that more specific constitutional provision applies.” Est. of Parker v. Miss. Dep’t of Pub. Safety, 140 F.4th 226, 244 (5th Cir. 2025). In other words, “a [substantive] due process claim is viable only when the alleged misconduct is ‘not susceptible to proper analysis’ under the Fourth Amendment.” Id. (quoting Petta v. Rivera, 143 F.3d 895, 901 (5th Cir. 1998)). Here, there is no dispute that Vargas seized Plaintiff when he arrested her. Thus, the Fourth Amendment analysis applies and “forecloses Case 4:25-cv-04455 Document 39 Filed 07/10/26 in TXSD Page 16 of 19
Plaintiff[’s] Fourteenth Amendment claim[].” Id. Second, even if the Fourteenth Amendment applied, Plaintiff’s substantive due process claim would still fail. “The Fourteenth Amendment forbids any State from depriving a person of ‘life, liberty, or property, without due process of law.’” Id. (quoting U.S. CONST. amend. XIV, § 1). “[O]nly the most extreme use of force violates the Fourteenth Amendment—namely, actions that ‘can properly be characterized as arbitrary or conscience shocking.’” Id. (cleaned up) (quoting Collins v. City of Harker Heights, Tex., 503 U.S. 115, 128 (1992)). This is a demanding standard. “[O]nly the most egregious official conduct can be said to be arbitrary in the constitutional sense.” Id. (alteration in original and internal quotation marks omitted) (quoting Cnty. of Sacramento v. Lewis, 523 U.S. 833, 846 (1998)). “Conduct shocks the conscience only when it is ‘so brutal and offensive that it did not comport with traditional ideas of fair play and decency.’” Id. (internal quotation marks omitted) (quoting Lewis, 523 U.S. at 847). Reckless endangerment alone is insufficient. Id. at 244–45. Here, nothing about Vargas’ alleged conduct meets the Fourteenth Amendment’s demanding threshold. Although the Court finds that Plaintiff sufficiently alleged an excessive force claim, the facts do not involve the “the kind of arbitrary or conscience-shocking conduct the Constitution forbids.” Id. at 244. For that reason, too, Plaintiff’s claim should be dismissed to the extent it relies on Case 4:25-cv-04455 Document 39 Filed 07/10/26 in TXSD Page 17 of 19
substantive due process. Accordingly, Plaintiff’s due process claim should be dismissed. D. Plaintiff’s Claims Against Vargas in His Official Capacity, If Any, Should Be Dismissed. The caption of Plaintiff’s original complaint listed Vargas as a Defendant “Individually and in his official capacity.” ECF No. 1 at 1. The amended complaint drops the “official capacity” language, simply naming Vargas “Individually.” ECF No. 25 at 1; id. ¶ 5 (explaining that Vargas “is sued in his individual capacity”). Nonetheless, Vargas argues in his motion that Plaintiff’s claims against him in his official capacity should be dismissed. ECF No. 28 at 12–13. In her response, Plaintiff reiterates that she “is suing Deputy Vargas in his individual capacity only” and “[a]ny claim for official capacity is irrelevant and should be disregarded.” ECF No. 30 at 4. “Claims against government officers in their official capacity are ‘another way of pleading an action against an entity of which an officer is an agent.’” Martinez v. Harris Cnty., Tex., No. 24-20194, 2025 WL 914309, at *6 (5th Cir. Mar. 26, 2025) (quoting Kentucky v. Graham, 473 U.S. 159, 165-66 (1985) (cleaned up)). Thus, to the extent any claims linger against Vargas in his official capacity, they are subsumed within Plaintiff’s claims against Harris County. Accordingly, Plaintiff’s claims against Vargas in his official capacity should be dismissed. See McCoy v. Harris Cnty., Tex., No. 4:25-CV-135, 2026 WL Case 4:25-cv-04455 Document 39 Filed 07/10/26 in TXSD Page 18 of 19
1020530, at *14 (S.D. Tex. Jan. 30, 2026) (dismissing official-capacity claims “as duplicative of the municipal liability claims against Harris County”), adopted, No. 4:25-CV-00135, 2026 WL 730816 (S.D. Tex. Mar. 16, 2026). V. CONCLUSION Accordingly, the Court RECOMMENDS that: 1. the Sheriff’s Office’s motion to dismiss, ECF No. 27, be GRANTED and Plaintiff’s claims against the Sheriff’s Office be DISMISSED WITH PREJUDICE; 2. Vargas’ motion to dismiss, ECF No. 28, be GRANTED, in part, DISMISSING WITH PREJUDICE all claims except Plaintiff’s excessive-force claim; and 3. Plaintiff’s claims against Harris County, ECF No. 25, be DISMISSED WITHOUT PREJUDICE under Rule 4(m). The Parties have fourteen days from service of this Report and Recommendation to file written objections. 28 U.S.C. § 636(b)(1)(C); F ED. R. C IV . P. 72(b). Failure to file timely objections will preclude review of factual findings or legal conclusions, except for plain error. Quinn v. Guerrero, 863 F.3d 353, 358 (5th Cir. 2017). IT IS SO ORDERED. Signed at Houston, Texas, on July 10, 2026. Dena Hanovice Palermo United States Magistrate Judge Case 4:25-cv-04455 Document 39 Filed 07/10/26 in TXSD Page 19 of 19
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