Opinion
CIVIL ACTION NO. 3:19-CV-00286
04-01-2020
DANTE TRICE, ET AL., Plaintiffs. v. PEARLAND INDEPENDENT SCHOOL DISTRICT, ET AL., Defendants.
ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION
On March 16, 2020, United States Magistrate Judge Andrew M. Edison filed a Memorandum and Recommendation (Dkt. 42) recommending that (1) Defendant Tony Barcelona's Motion to Dismiss (Dkt. 16); (2) Defendant Helen Day's Motion to Dismiss (Dkt. 17); (3) Defendant Jeanette Peterson's Motion to Dismiss (Dkt. 18); and (4) Defendant Pearland Independent School District's Motion to Dismiss (Dkt. 19) (collectively, "Defendants Motions to Dismiss") be GRANTED in part and DENIED in part.
On March 27, 2020, Defendants Helen Day, Tony Barcelona, and Jeanette Peterson filed their Objections. See Dkts. 43-44. On March 30, 2020, Plaintiffs filed their Objections. See Dkt. 45. In accordance with 28 U.S.C. § 636(b)(1)(C), this Court is required to "make a de novo determination of those portions of the [magistrate judge's] report or specified proposed findings or recommendations to which objection [has been] made." After conducting this de novo review, the Court may "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id.; see also FED. R. CIV. P. 72(b)(3).
The Court has carefully considered the Objections; the Memorandum and Recommendation; the pleadings; and the record. The Court ACCEPTS Judge Edison's Memorandum and Recommendation and ADOPTS it as the opinion of the Court. It is therefore ORDERED that:
• Judge Edison's Memorandum and Recommendation (Dkt. 42) is APPROVED AND ADOPTED in its entirety as the holding of the Court;
• Defendants Motions to Dismiss (Dkts. 16-19) are GRANTED in part and DENIED in part;
• Specifically, Trice and Washington, in their individual capacities, are dismissed for lack of standing. Pearland ISD is dismissed. And, all of J.T.'s federal claims under 42 U.S.C. § 1983—Fourth Amendment (excessive force), Fifth Amendment (due process), Fourteenth Amendment (due process and equal protection), Title VI of the Civil Rights Act of 1964—and his race discrimination claim under 42 U.S.C. § 1985 are dismissed;
• In the interest of clarity, only J.T.'s state law assault claim against Defendants Helen Day, Tony Barcelona, and Jeanette Peterson survive this order; and
• Trice and Washington remain as plaintiffs only in their representative capacities as J.T.'s parents.
It is so ORDERED.
SIGNED and ENTERED this 1st day of April, 2020.
/s/_________
JEFFREY VINCENT BROWN
UNITED STATES DISTRICT JUDGE