Dudley v. Gonzales, 2:23-cv-00146

Plaintiff Robert Steven Dudley, a prisoner at the Clements Unit (TDCJ), was assaulted by another inmate while he was handcuffed and being escorted by multiple officers.
Officers allegedly abandoned Dudley upon the attack and did not intervene or call for help during the assault, which seriously injured Dudley.
Dudley sued several officers for failure to protect (Eighth Amendment violation) and claimed supervisory liability against Senior Warden Adam Gonzales.
Defendants moved to dismiss the claims under Rule 12(b)(1) (lack of subject-matter jurisdiction, sovereign immunity) and Rule 12(b)(6) (failure to state a claim, qualified immunity, and lack of supervisory liability).
The Magistrate Judge recommends granting the motion in part (dismissing official-capacity and supervisor claims), but allowing individual capacity Eighth Amendment claims against the officer defendants to proceed.
Dudley has already amended his complaint several times; the court finds further amendment for dismissed claims would be futile.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sovereign Immunity (12(b)(1))	Defendants liable in official and individual capacity	Claims against officials in official capacity barred by sovereign immunity	Dismissed claims for monetary damages in official capacity
Failure to Protect (12(b)(6))	Officers failed to act, showing deliberate indifference	Some action required, but officers not required to endanger themselves	Plaintiff’s Eighth Amendment claim survives dismissal
Qualified Immunity	No qualified immunity when clear constitutional violation	No violation of a clearly established right	Qualified immunity defense rejected at dismissal stage
Supervisory Liability	Supervisor (A. Gonzales) liable for subordinates' actions	No personal involvement, no unconstitutional policy	Dismissed claims against A. Gonzales

Farmer v. Brennan, 511 U.S. 825 (prison officials liable under Eighth Amendment for deliberate indifference to inmate safety)
Kentucky v. Graham, 473 U.S. 159 (official-capacity suits are suits against the state, barred by sovereign immunity)
Ashcroft v. Iqbal, 556 U.S. 662 (complaints must contain plausible factual allegations to survive dismissal)
Monell v. Dep’t of Social Servs., 436 U.S. 658 (supervisors only liable for their own acts or omissions under Section 1983)
Will v. Mich. Dep’t of State Police, 491 U.S. 58 (state officials are not “persons” under § 1983 in official capacity)
Estelle v. Gamble, 429 U.S. 97 (deliberate indifference is required for Eighth Amendment claims)