Diggs v. Waybourn

8 Citing cases

  1. Doe v. Midland Cnty.

    No. 23-CV-00091-DC-RCG (W.D. Tex. Feb. 1, 2024)

    e unique facts - is not sufficient to state a claim that is plausible on its face.' ”), report and recommendation adopted, 2019 WL 3980737 (N.D. Tex. Aug. 22, 2019); Pinedo v. City of Dallas, No. 3:14-CV-0958-D, 2015 WL 5021393, at *8 (N.D. Tex. Aug. 25, 2015) (“[Plaintiff] has failed to plead any facts from which the court can reasonably infer that the City's final policymakers were even aware of any systemic deficiencies in officer training, supervision, or discipline, much less that they deliberately chose a deficient course of action from the available alternatives.”); see also Toliver v. Braddy, No. 4:20-CV-00132-ALM-CAN, 2021 WL 1086176, at *5 (E.D. Tex. Feb. 11, 2021) (“Nothing in Plaintiffs complaint even vaguely suggests that the Sheriff participated in the alleged wrongful acts.”), report and recommendation adopted, 2021 WL 1061386 (E.D. Tex. Mar. 19, 2021); Diggs v. Waybourn, No. 4:20-CV-706-P, 2021 WL 961676, at *3 (N.D. Tex. Mar. 15, 2021) (dismissing a plaintiff's § 1983 claims against a sheriff on the basis of “lack of sufficient personal involvement”).

  2. Blodgett v. Grayson Cnty.

    Civil Action 4:21cv510 (E.D. Tex. Feb. 1, 2024)

    (“Nothing in Plaintiff's complaint even vaguely suggests that the Sheriff participated in the alleged wrongful acts.”), report and recommendation adopted, No. 4:20-CV-132, 2021 WL 1061386 (E.D. Tex. Mar. 19, 2021); Diggs v. Waybourn, No. 4:20-CV-706-P, 2021 WL 961676, at *3 (N.D. Tex. Mar. 15, 2021) (dismissing § 1983 claims against a sheriff and officers for “lack of sufficient personal involvement”). Absent personal involvement or any facts that would give rise to supervisory liability, Plaintiff fails to state a claim upon which relief can be granted.

  3. Gibson v. Skinner

    Civil Action 4:22cv351 (E.D. Tex. Aug. 3, 2023)   Cited 2 times

    (“Nothing in Plaintiff's complaint even vaguely suggests that the Sheriff participated in the alleged wrongful acts.”), report and recommendation adopted, No. 4:20-CV-132, 2021 WL 1061386 (E.D. Tex. Mar. 19, 2021); Diggs v. Waybourn, No. 4:20-CV-706-P, 2021 WL 961676, at *3 (N.D. Tex. Mar. 15, 2021) (dismissing § 1983 claims against a sheriff and officers for “lack of sufficient personal involvement”). Absent personal involvement or any facts that would give rise to supervisory liability, Plaintiff fails to state a claim upon which relief can be granted.

  4. Polk v. Nurse Margie

    Civil Action 4:21cv998 (E.D. Tex. Aug. 2, 2023)   Cited 1 times

    See Toliver v. Braddy, No. 4:20-cv-132, 2021 WL 1086176, at *5 (E.D. Tex. Feb. 11, 2021) (“Nothing in Plaintiff's complaint even vaguely suggests that the Sheriff participated in the alleged wrongful acts.”), report and recommendation adopted, No. 4:20-cv-132, 2021 WL 1061386 (E.D. Tex. Mar. 19, 2021); Diggs v. Waybourn, No. 4:20-cv-706-P, 2021 WL 961676, at *3 (N.D. Tex. Mar. 15, 2021) (dismissing Section 1983 claims against a sheriff and officers for “lack of sufficient personal involvement”). Absent personal involvement or any fact that would give rise to supervisory liability, Plaintiff fails to state a claim upon which relief can be granted.

  5. Jones v. Lamar Cnty.

    Civil Action 4:21-CV-00156-SDJ-CAN (E.D. Tex. Sep. 9, 2022)   Cited 5 times

    (“Nothing in Plaintiff's complaint even vaguely suggests that the Sheriff participated in the alleged wrongful acts.”), report and recommendation adopted, No. 4:20-CV-132, 2021 WL 1061386 (E.D. Tex. Mar. 19, 2021); Diggs v. Waybourn, No. 4:20-CV-706-P, 2021 WL 961676, at *3 (N.D. Tex. Mar. 15, 2021) (dismissing § 1983 claims against a sheriff and officers for “lack of sufficient personal involvement”).

  6. Ewing v. Grayson Cnty. Tex.

    Civil Action 4:21-CV-00386-ALM-CAN (E.D. Tex. Aug. 19, 2022)   Cited 3 times

    Indeed, review of the Complaint reveals no mention of any act or omission committed personally by Sheriff Watt related to any claim, be it medical indifference, denial of access to the courts, or any of the other conditions of the Grayson County Jail. See Toliver v. Braddy, No. 4:20-CV-00132-ALM-CAN, 2021 WL 1086176, at *5 (E.D. Tex. Feb. 11, 2021) (“Nothing in Plaintiff's complaint even vaguely suggests that the Sheriff participated in the alleged wrongful acts.”), report and recommendation adopted, No. 4:20-CV-132, 2021 WL 1061386 (E.D. Tex. Mar. 19, 2021); Diggs v. Waybourn, No. 4:20-CV-706-P, 2021 WL 961676, at *3 (N.D. Tex. Mar. 15, 2021) (dismissing § 1983 claims against a sheriff and officers for “lack of sufficient personal involvement”).

  7. Spence v. Taylor

    Civil Action 4:21-CV-00616-SDJ-CAN (E.D. Tex. Aug. 1, 2022)

    Nor does Plaintiff allege that Sheriff Skinner was “personally involved in the alleged constitutional deprivation or have engaged in wrongful conduct that is causally connected to the constitutional violation.” See Turner v. Lieutenant Driver, 848 F.3d 678, 695-96 (5th Cir. 2017) (citing Mesa v. Prejean, 543 F.3d 264, 274 (5th Cir. 2008)); Diggs v. Waybourn, No. 4:20-CV-706-P, 2021 WL 961676, at *3 (N.D. Tex. Mar. 15, 2021) (dismissing the plaintiff's § 1983 claims under 28 U.S.C. § 1915 against a sheriff and officers for “lack of sufficient personal involvement”). Plaintiff's claims lack any explanation of Sheriff Skinner's personal involvement or knowledge suggesting deliberate indifference.

  8. Kirschner v. Tex. Dep't of Family & Protective Servs.

    Civil Action 4:21-CV-00469-SDJ-CAN (E.D. Tex. Jul. 21, 2022)

    Because all federal law claims have been dismissed, this Court should not exercise its supplemental jurisdiction over the remaining state law claims - whether in their current form as a breach of fiduciary duty claim or recast in light of the anti-fracturing rule as a legal malpractice claim. See McMahon v. Fenves, 323 F.Supp.3d 874, 881-82 (W.D. Tex. 2018); see also Diggs v. Waybourn, No. 4:20-CV-706-P, 2021 WL 961676, at *4 (N.D. Tex. Mar. 15, 2021). The Court also sees no other obvious factor weighing in favor of continuing jurisdiction.