Blakely v. Andrade

• Decision Date: 23 January 2019
• Docket Number: Civil Action No. 3:17-CV-745-B
• Citation: 360 F.Supp.3d 453
• Parties: Quincy BLAKELY and Kimberly Blakely, Plaintiffs, v. Steven ANDRADE, et al., Defendants.
• Court: U.S. District Court — Northern District of Texas

360 F.Supp.3d 453

Quincy BLAKELY and Kimberly Blakely, Plaintiffs,

v.Steven ANDRADE, et al., Defendants.

Civil Action No. 3:17-CV-745-B

United States District Court, N.D. Texas, Dallas Division.

Signed January 23, 2019

ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

JANE J. BOYLE, UNITED STATES DISTRICT JUDGE

After reviewing all relevant matters of record in this case, including the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the undersigned District Judge is of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court.

The Motion to Dismiss Plaintiffs' Second Amended Complaint Under Fed. R. Civ. P. 12(b)(1) and (6) and Brief in Support of Defendants Steven Andrade, Brandon Howell, Keith Samet, Christopher Smith, Floyd Kincaide, Evelio Rivas, Doris Irvin, Candace Carlsen, David Robertson, Lupe Valdez and Dallas County , filed April 11, 2018 (doc. 110), is GRANTED in part and DENIED in part ; and the plaintiffs' Sworn Emergency Motion for Injunction and Restraining Order , filed October 5, 2018 (doc. 150), is DENIED .

By separate judgment, Quincy Blakely's failure to train claim against Dallas County, and his claims against Doris Irvin, Candace Carlsen, David Robertson, and the Dallas County Sheriff will be DISMISSED with prejudice for failure to state a claim upon which relief can be granted, and his claims against Phillip Wainscott and remaining claims against Dallas County will be sua sponte DISMISSED with prejudice for failure to state a claim upon which relief can be granted.

Pretrial Management

FINDINGS, CONCLUSIONS, AND RECOMMENDATION

IRMA CARRILLO RAMIREZ, UNITED STATES MAGISTRATE JUDGE

By Standing Order of Reference , filed November 6, 2017 (doc. 69), this pro se case has been referred for full case management, including the determination of non-dispositive motions and issuance of findings of fact and recommendations on dispositive motions. Before the Court for recommendation are the following:

(1) Motion to Dismiss Plaintiffs' Second Amended Complaint Under Fed. R. Civ. P. 12(b)(1) and (6) and Brief in Support of Defendants Steven Andrade, Brandon Howell, Keith Samet, Christopher Smith, Floyd Kincaide, Evelio Rivas, Doris Irvin, Candace Carlsen, David Robertson, Lupe Valdez and Dallas County , filed April 11, 2018 (doc. 110);

(2) Defendants Steven Andrade, Brandon Howell, Keith Samet, Christopher Smith, Floyd Kincaide, Evelio Rivas, Doris Irvin, Candace Carlsen, David Robertson, Lupe Valdez and Dallas County's Motion to Stay Discovery, All Unexpired Deadlines and Other Pretrial Litigation Procedures and Brief in Support , filed April 26, 2018 (doc. 114); and

(3) Sworn Emergency Motion for Injunction and Restraining Order , filed October 5, 2018 (doc. 150).

Based on the relevant filings and applicable law, the motion to dismiss should be GRANTED in part and DENIED in part , the motion for injunction and restraining order should be DENIED , and the motion to stay discovery is DENIED as moot .

I. BACKGROUND

On March 14, 2017, Quincy Blakely (Husband) and Kimberly Blakely (Wife) (collectively, Plaintiffs) filed this pro se action against several defendants based on a traffic stop that occurred on March 14, 2015. (See doc. 3.) They appear to assert claims under 42 U.S.C. § 1983 for violations of their First, Second, Fourth, Fifth, Sixth, Eighth, Thirteenth, and Fourteenth Amendment rights, and for conspiracy, against Dallas County Sheriff's Deputies Steven Andrade, Brandon Howell, Keith Samet, Christopher Smith, Floyd Kincaide, and Evelio Rivas (collectively, Deputies), the Dallas County Sheriff (Sheriff), Dallas County (County), Doris Irvin (Court Coordinator), Candace Carlsen (Magistrate), David Robertson (Detective) (collectively, Defendants),¹ and Phillip Wainscott (Attorney). (See docs. 36 at 1-33;² 109 at 1-5, 11, 14-17, 22-51.)³ Sheriff is sued in both her official and individual capacities, and Deputies, Court Coordinator, Magistrate, Detective, and Attorney are all sued only in their individual capacities. (docs. 36 at 1, 7, 13, 18, 25, 31; 109 at 1-4.) Plaintiffs also appear to assert multiple state law claims against Magistrate, Sheriff, and Deputies, and Wife appears to assert claims for violations of the Declaration of Independence and Texas Constitution against Deputies. (See docs. 36 at 1-33; 109 at 11-51.) They seek "[c]ompensatory, special, exemplary, and punitive damages in the amount of five million dollars per defendant, per wrongful act," judicial interest, and "fees for litigation in bringing this 1983 action." (docs. 36 at 6, 12, 17, 24, 29, 33; 109 at 52-53.)

Plaintiffs allege that Deputies Smith and Rivas initiated a traffic stop on the vehicle that Husband was driving, and in which Wife and their child were passengers, on March 14, 2015, because their rear license plate light was not working. (docs. 36 at 2; 109 at 6.) Deputies Andrade, Howell, Samet, and Kincaide arrived on scene to assist. (docs. 109 at 7-9.) Husband handed Deputy Smith his driver's license and concealed handgun license. (docs. 36 at 2; 109 at 6.) Deputy Smith asked him to get out of the vehicle because he had a weapon, and Husband "respectfully declined" because he "had not committed a crime and was not in the commission of a crime." (docs. 36 at 2; 109 at 6-7.) Deputy Smith then reached into the vehicle and attempted to unlock the door, but Husband "defended [himself] and put [his] arm on top of [the] lock to prevent" Deputy Smith from unlocking the door. (doc. 109 at 7.) Deputy Kincaide shouted for Husband to get his " ‘[expletive] out of the vehicle,’ " as he "assaulted [him] by reaching for [him] while displaying his service weapon." (Id. ) Husband was then "violently removed" from the vehicle, "thrown to the ground," and assaulted by several Deputies. (Id. )

Wife was recording the traffic stop on her cell phone, and she claims that while Husband was being removed from the vehicle, Deputy Andrade was "assaulting her and using excessive force by grabbing her personal cell phone and her arm while she was exercising her ... right to record" Deputies. (docs. 36 at 2; 109 at 7.) Wife attempted "to record the remainder of the arrest," but Deputy Andrade told her "that if [she] did not put [her] phone down and stop recording, he was going to break it." (doc. 36 at 2.) She turned her phone off as a result of his threat, and Deputy Andrade pulled her out of the car and told her to "stand out of the way." (Id. ) Wife then tried to start recording again, but she was told that if she did not stay to the side of the car, "then [she] would be put in handcuffs," and Deputy Andrade "grabbed [her] arm without consent while he had his hand on his gun." (Id. ) Wife again attempted to record Deputies "but as [she] was recording, [Deputy] Howell snatched [her] phone out of [her] hand and turned [the] phone off to prevent her from recording him and [Deputy] Smith violating her rights." (Id. at 8.) The video recording from the dashboard camera of one of the vehicles on the scene shows one of the Deputies take Wife's cell phone out of her hand because the light from the phone was shining in his face. (doc. 111.) The Deputy then handed the cell phone to another Deputy, and it was returned to her moments later as she was asked to stop shining the light from the phone at them. (See id. ) She alleges that Deputy Smith ordered Deputy Howell to "seize the phone," and Deputy Howell "acted in concert with [Deputy] Smith and seized [her] cell phone without consent." (doc. 36 at 8-9.) Plaintiffs allege that they "sustained medically documented injuries from the unnecessary and excessive force" used during the traffic stop, including a separated shoulder for Wife. (Id. at 8-9, 38; doc. 109 at 7, 11.)

Husband was subsequently arrested for "unlawfully carrying a firearm while intoxicated by a license holder." (doc. 109 at 8-9.) Following the arrest, Deputies searched Plaintiffs' vehicle without a warrant or consent. (Id. at 6, 9-10.) Husband's handgun was confiscated and "is still in the possession of the [County]," and Plaintiffs' vehicle was towed. (Id. at 10.) Husband claims that he asked that the Sheriff return his handgun, but it has not been returned, and he has not been compensated for it. (Id. at 30.) Husband was ultimately charged with "assault on a public servant, resisting arrest[,] and unlawfully carrying a firearm while intoxicated by a license holder." (Id. at 9.) Wife "was not charged with any offense" following the traffic stop. (Id. at 20.) Husband asserts that his arrest "was made pursuant to warrants issued after the apprehension." (Id. at 9.) He contends that the arrest warrant and a probable cause affidavit were "allegedly signed" by Magistrate, but she was not on duty at the time they were signed. (Id. at 16.) He also claims that Magistrate is not a magistrate and is "not a person authorized to administer an Oath or sign an arrest warrant." (Id. ) Plaintiffs filed a complaint with Detective regarding the traffic stop, and he took the recording of the stop and their statements and allegedly "used them against [Husband] to benefit [Deputy] Smith" as part of a conspiracy between him and Deputy Smith. (Id. at 27.) Husband alleges that Detective and Deputy Smith also provided false information to the issuer of his concealed handgun license in order to have his license revoked. (Id. at 29.)

Husband initially hired an attorney to represent him but terminated him and informed the Court Coordinator that he "would be defending himself in the prosecution," and she allegedly told him that the attorney he hired would be his attorney until he hired a new one. (Id. at 12-13.) He asserts that because he attempted to represent himself on October 23, 2015, a warrant was issued for his arrest on October 29, 2015, and he was...