Cullingford v. City Of Houston, 4:11-cv-00523

Cullingford alleges police misconduct by Houston officers, including Morales, starting with an August 5, 2009 incident at her home.
She was arrested, her home and purse were searched without permission, and she was jailed for about 15 hours.
She contends jailers used force, threatened Tasering, and caused pain and injuries during booking and intake.
Charges against her for assault by threat were later dismissed; she contends there was no probable cause.
Defendants move to dismiss state-law claims for lack of timely notice under the Texas Tort Claims Act and Houston Charter.
Court grants motion to dismiss state-law claims with prejudice and dismisses City’s §1983 claims for lack of a plausible policy or custom.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether failure to give statutory notice defeats state-law claims	Cullingford argues actual notice suffices to waive immunity.	City says written notice within 90 days (and 6 months under Act) required.	Notice requirements not satisfied; state claims dismissed with prejudice.
Whether the City can be liable under §1983 for a policy or custom	Cullingford asserts a pervasive custom of misconduct supports liability.	City contends no adequate pleading of a policy or widespread custom, or its causation.	No plausible policy or custom shown; §1983 claims against City dismissed.
Whether alleged non-disclosure of video/autopsy evidence is legally relevant	Cullingford cites non-disclosure as part of alleged custom.	Non-disclosure elements are unrelated to her claims and should be struck.	Claims and evidence of non-disclosure struck as irrelevant to the asserted custom.
Whether inadequate training constitutes §1983 liability	Cullingford asserts lack of training supports liability.	Plaintiff must show deliberate indifference and direct causation; she fails.	Inadequate training not plausibly alleged; City’s liability not shown.

Connick v. Thompson, 131 S. Ct. 1350 (2011) (municipal liability requires policy or custom; not vicarious liability)
Monell v. Dep’t of Social Servs., 436 U.S. 658 (1978) (municipal liability for official policy or custom)
Pembaur v. City of Cincinnati, 475 U.S. 469 (1986) (policy or custom can be established by officials with final authority)
Bennett v. City of Slidell, 735 F.2d 861 (5th Cir. 1984) (rigorous standards for municipal liability; not for isolated incidents)
World Wide Street Preachers Fellowship v. Town of Columbia, 591 F.3d 747 (5th Cir. 2009) (inadequacy of training requires three-part showing)