Case Information
United States District Court Southern District of Texas ENTERED April 14, 2025 UNITED STATES DISTRICT COURT Nathan Ochsner, Clerk SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION
CHRISTOPHER DALE HA YENS, §
§
Plaintiff, §
§ § CIVIL ACTION NO. 2:24-CV-00105 V.
§
AMANDO CHAP A, et al., §
§
Defendants. §
ORDER ADOPTING MEMORANDUM & RECOMMENDATION
Before the Court is Magistrate Judge Mitchel Neurock's Memorandum and Recommendation ("M&R"). (D.E. 14). The M&R recommends that the Court:
• Dismiss without prejudice all municipal liability claims against Aransas County and all
claims against Defendants in their official capacities; • Retain Plaintiffs Fourteenth Amendment excessive force claims against Deputy Chief • Retain Plaintiffs liberally construed Fourteenth Amendment bystander liability claims
against Officer Peacock and Officer Daiapont in their individual capacities regarding the use of force on June 21, 2023;
• Retain Plaintiffs Fourteenth Amendment deliberate indifference claims against Deputy
Chief Chapa, Sheriff Mills, and Nurse Pearson in their individual capacities regarding their alleged participation in denying or delaying Plaintiff medical care following the use of force on June 21, 2023;
• Retain Plaintiffs Fourteenth Amendment due process claims against Deputy Chief Chapa
and Corporal Fincher in their individual capacities regarding Plaintiffs placement in indefinite solitary confinement following the use of force on June 21, 2023; • Retain Plaintiffs Fourteenth Amendment due process claim against Sheriff Mills in his
individual capacity for transferring Plaintiff to Kleberg County on July 16, 2023; • Retain Plaintiffs Fourteenth Amendment "class of one" equal protection claim against
Deputy Chief Chapa in his individual capacity for denying Plaintiff television privileges I 3 • Dismiss Plaintiffs remaining claims against the remaining Defendants in their individual
capacities as frivolous, malicious, or for failure to state a claim upon which relief may be granted.
(D.E. 14, p. 76-77).
The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge's M&R. [1] See 28 U.S.C. § 636(b)(l); FED. R. Crv. P. 72(b); General Order No. 2002-13. No objection has been filed. When no timely objection has been filed, the district court need only determine whether the Magistrate Judge's M&R is clearly erroneous or contrary to law. United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989) (per curiam); Powell v. Litton Loan Servicing, L.P., No. 4:14-CV-02700, 2015 WL 3823141, at* 1 (S.D. Tex. June 18, 2015) (Harmon, J.) ( citation omitted).
Having reviewed the proposed findings and conclusions of the Magistrate Judge, the filings of the parties, the record, and the applicable law, and finding that the M&R is not clearly erroneous or contrary to law, the Court ADOPTS the M&R in its entirety. (D.E. 14). Accordingly, the Court:
• DISMISSES without prejudice all municipal liability claims against Aransas County and
all claims against Defendants in their official capacities; • Plaintiffs Fourteenth Amendment excessive force claims against Deputy Chief RETAINS Plaintiffs liberally construed Fourteenth Amendment bystander liability
claims against Officer Peacock and Officer Daiapont in their individual capacities regarding the use of force on June 21, 2023; RETAINS Plaintiffs Fourteenth Amendment deliberate indifference claims against
Deputy Chief Chapa, Sheriff Mills, and Nurse Pearson in their individual capacities regarding their alleged participation in denying or delaying Plaintiff medical care following the use of force on June 21, 2023; Plaintiffs Fourteenth Amendment due process claims against Deputy Chief
Chapa and Corporal Fincher in their individual capacities regarding Plaintiffs placement Plaintiff moved the Court to extend his deadline to object to the M&R. (D.E. 77). The Court granted this motion and extended Plaintiffs deadline to January 24, 2025. (D.E. 78).
2/3
in indefinite solitary confinement following the use of force on June 21 , 2023 ; Plaintiff's Fourteenth Amendment due process claim against Sheriff Mills in his individual capacity for transferring Plaintiff to Kleberg County on July 16, 2023 ; Plaintiff's Fourteenth Amendment "class of one" equal protection claim against Deputy Chief Chapa in his individual capacity for denying Plaintiff television privileges DISMISSES Plaintiff's remaining claims against the remammg Defendants in their individual capacities as frivolous, malicious, or for failure to state a claim upon which relief may be granted.
SO ORDERED.
DA . MORALES UNITED STATES DISTRICT JUDGE Signed: Corpus Christi, Texas
April ;L/./';-2025
3 / 3