Opinion
Civil Action 4:19-cv-00715
09-30-2021
JILLIAN OSTREWICH, et al., Plaintiffs. v. TENESHIA HUDSPETH, et al., Defendants.
ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION
GEORGE C HANKS, JR. UNITED STATES DISTRICT JUDGE
On April 17, 2021, the parties' competing motions for summary judgment (Dkts. 74, 76) were referred to United States Magistrate Judge Andrew M. Edison under 28 U.S.C. § 636(b)(1)(B). Dkt. 111. Judge Edison filed a Memorandum and Recommendation on September 14, 2021, recommending that Plaintiff's Motion for Summary Judgment (Dkt. 74) be granted in part and denied in part, and that Defendants' Motion for Summary Judgment (Dkt. 76) be granted in part and denied in part. See Dkt. 118.
On September 28, 2021, all parties filed their Objections. 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:
(1) Judge Edison's Memorandum and Recommendation (Dkt. 118) is APPROVED AND ADOPTED in its entirety as the holding of the Court; and
(2) Defendants' Motion for Summary Judgment (Dkt. 76) is GRANTED in part and DENIED in part; and
(3) Plaintiff's Motion for Summary Judgment (Dkt 74) is GRANTED in part and DENIED in part.
Specifically, Ostrewich's challenge to section 61.010 of the Texas Election Code is denied, and her request for nominal damages is denied Moreover, sections 61.003 and 85.036 are struck down as unconstitutional infringements on the First Amendment right to free speech.
It is so ORDERED
SIGNED at Houston, Texas.