Cook v. City of Tyler, Texas
6:17-cv-00333
| E.D. Tex. | Aug 21, 2025Background
- Kerry Max Cook was wrongfully convicted in 1978 for the rape and murder of Linda Jo Edwards in Tyler, Texas, and spent over 20 years on death row.
- In June 2024, after decades of litigation, the Texas Court of Criminal Appeals declared Cook “actually innocent,” finding egregious prosecutorial and police misconduct, including fabrication of evidence, suppression of exculpatory evidence, and use of perjured testimony.
- Cook brings a § 1983 civil rights action against the City of Tyler, Smith County, law enforcement officers, and others, alleging a conspiracy to frame him while ignoring evidence implicating another suspect.
- Defendants moved to dismiss, arguing qualified immunity, improper group pleading, statute of limitations, failure to state a claim, and insufficient allegations to sustain municipal liability.
- The court rules on the sufficiency of the pleadings under Rule 12(b)(6), group pleading, qualified immunity, and the Monell requirements for municipal liability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Qualified immunity for individuals | Specific officers personally participated in misconduct | Complaint fails to allege specific acts | Dismissed as to six; Denied as to four with sufficient allegations |
| Group pleading | Individual acts detailed; sufficient for some defendants | Claims are improperly lumped together | Dismissed where only group allegations; allowed where specific |
| Statute of limitations | Accrual delayed until conviction vacated and indictment dismissed | Claims are time-barred | Not time-barred per prior court and Fifth Circuit rulings |
| Substantive due process claim | State actions shock the conscience, also covered by substantive due process | Not available when covered by other constitutional claims | Dismissed because procedural due process is available |
| Independent intermediary doctrine | Defendants withheld facts, preventing independent determination | Doctrine insulates officers when facts are given to intermediary | Doctrine does not apply where facts concealed, claim proceeds |
| Monell (municipal liability – City/County) | Widespread custom/practice caused violations; policymakers knew | Fails to adequately allege policy or pattern | Sufficient as to City of Tyler; dismissed as to Smith County |
| Failure to intervene claim | Defendants failed to prevent others violating rights | No allegations of such failure | Dismissed; insufficient allegations |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (pleading standard for plausibility stage)
- Ashcroft v. Iqbal, 556 U.S. 662 (plausibility requirement and group pleading)
- Monell v. Dept. of Social Servs., 436 U.S. 658 (municipal liability standard)
- Pearson v. Callahan, 555 U.S. 223 (qualified immunity analysis framework)
- Anderson v. Creighton, 483 U.S. 635 (clearly established law for qualified immunity)
- Brown v. Miller, 519 F.3d 231 (fabrication and suppression of evidence violates due process)
- Hand v. Gary, 838 F.2d 1420 (independent intermediary doctrine limitations)