Tilmon v. The State of Texas, 1:14-cv-00499

Background

Pro se plaintiff George Tilmon IV sued the State of Texas, Travis County, Sheriff Greg Hamilton, Detective Schrider, several private individuals (including Kevin Lemoine, Justin Rybacki, Mark LNU, Alan Wilson), his criminal defense attorney David White, and private companies (ADT, AT&T) alleging a long-running campaign of stalking, burglary, property theft, identity fraud, electronic surveillance/tampering, malicious prosecution and related harms arising from events after his November 2013 arrest.
The magistrate severed the original filing into two cases: A‑14‑CV‑465 (conditions of confinement claims) and A‑14‑CV‑499 (claims about events leading to the arrest and pending criminal proceedings — this opinion addresses A‑14‑CV‑499).
Tilmon alleged private actors hacked/monitored his devices, burglarized his home, coordinated with county law enforcement to procure false statements/warrants, and that county actors (Detective Schrider, Sheriff Hamilton, Travis County) and contractors/companies failed to protect or intentionally violated his rights.
Tilmon proceeded in forma pauperis; the court reviewed the complaint under 28 U.S.C. § 1915(e) for frivolousness and failure to state a claim.
The magistrate recommended dismissal: claims against the State of Texas dismissed without prejudice (Eleventh Amendment); all other federal claims dismissed with prejudice for failure to state a claim; declined supplemental jurisdiction over any state-law claims.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
State immunity (Eleventh Amendment)	Tilmon seeks relief from State of Texas for alleged constitutional violations tied to his prosecutions and arrests	State is immune from suit under Eleventh Amendment	Dismissed without prejudice for lack of jurisdiction (Eleventh Amendment)
Civil‑rights claims against private actors under § 1983	Private defendants (Lemoine, Mark, Alan, Justin, AT&T, ADT, White) conspired with state actors to deprive Tilmon of constitutional rights (stalking, device monitoring, false arrest)	Private parties are not state actors; plaintiff fails to plead a concerted action with the state sufficient for § 1983	Dismissed for failure to state a § 1983 claim — no plausible state‑action/conspiracy alleged
Detective Schrider — false arrest / misconduct	Schrider knowingly provided false information, withheld exculpatory material, procured warrants without probable cause, tainted grand jury/magistrate proceedings	Probable cause existed and intermediate review by grand jury/magistrate breaks chain of causation; plaintiff's allegations are conclusory	Dismissed for failure to state a claim; plaintiff did not plausibly allege taint of grand jury/magistrate or lack of probable cause
Supervisory and municipal liability (Sheriff Hamilton, Travis County)	Hamilton/County liable for subordinate misconduct and policies that caused constitutional deprivations	Supervisors and municipalities cannot be held vicariously liable; plaintiff fails to identify a policy, custom, or causal link	Dismissed — no plausible Monell or supervisory liability showing

Key Cases Cited

Green v. McKaskle, 788 F.2d 1116 (5th Cir. 1986) (standards for sua sponte dismissal of in forma pauperis complaints)
Haines v. Kerner, 404 U.S. 519 (1972) (liberal construction of pro se pleadings)
Will v. Michigan Dep't of State Police, 491 U.S. 58 (1989) (states and state officials sued in their official capacity are not "persons" under § 1983)
Kentucky v. Graham, 473 U.S. 159 (1985) (Eleventh Amendment/state immunity principles)
Dennis v. Sparks, 449 U.S. 24 (1980) (private party liable only when a willful participant in joint action with the state)
Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) (pleading must state a plausible claim; mere conclusions insufficient)
Ashcroft v. Iqbal, 556 U.S. 662 (2009) (pleading standards; courts need not accept legal conclusions)
Taylor v. Gregg, 36 F.3d 453 (5th Cir. 1994) (presentation of facts to grand jury/magistrate breaks chain for false arrest; plaintiff must allege taint)
Monell v. Dep't of Soc. Servs., 436 U.S. 658 (1978) (municipal liability requires an unconstitutional policy or custom)
Glenn v. City of Tyler, 242 F.3d 307 (5th Cir. 2001) (probable cause standard for arrests)