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Walker v. Parker County

United States District Court, N.D. Texas, Fort Worth Division

June 1, 2017

HERBERT J. WALKER and JUDY WALKER, INDIVIDUALLY AND AS INDEPENDENT ADMINISTRATORS OF COY WALKER, DECEASED, Plaintiffs,
v.
PARKER COUNTY, TEXAS, et al., Defendants.

          MEMORANDUM OPINION AND ORDER

          JOHN MCBRYDE UNITED STATES DISTRICT JUDGE

         Came on for consideration the motion of defendant Parker County, Texas ("Parker County") to dismiss for failure to state a claim upon which relief can be granted, filed in the above-captioned action on May 2, 2017. Plaintiffs, Herbert J. Walker and Judy Walker, Individually and as Independent Administrators of Coy Walker, Deceased, have not filed a response, and the motion is ripe for review. Having reviewed the motion, the record, and applicable legal authorities, the court concludes that the motion should be granted.

         I.

         Plaintiffs' Claims

         Construing plaintiffs' first amended complaint liberally, see Johnson v. Atkins, 999 F.2d 99, 100 (5th Cir. 1993), plaintiffs appear to assert claims under 42 U.S.C. § 1983 against each of the defendants, Parker County, Deputy Brockway ("Brockway"), Officer Christopher Kristofek, Sheriff Larry Fowler, H.L. Casey, Ranger Tracy McDonall, Ranger Bradford, Sgt. Montgomery, Heather Case, Officer B. Overholt, and Eathan Stark ("Stark"). Additionally, under the heading titled "Count III Deputy Stark and Deputy Brockway - Negligence, " plaintiffs seem to assert negligence claims against "Parker County Sheriff's Office personnel, including but not limited to Defendants Stark and Brockway . . . ." Doc. 10[1] at ¶¶ 62-65. Plaintiffs sued Stark and Brockway "individually and as agents and/or employees of Defendant [Parker County]." Id. at ¶ 66.

         Plaintiffs recite the following as the factual bases of their claims:

14. On or about May 24, 2015, Brockway threatened Coy Walker with bodily injury by pointing the Taser as him and saying words to the effect of "I'll tase you".
15. On or about May 24, 2015, Brockway used force and/or threat of force to remove Coy Walker from 2 055 Ranger Highway, Weatherford, Texas.
16. On or about May 24, 2015, Brockway placed handcuffs on the left hand of Coy Walker placing him under arrest.
17. On or about May 24, 2015, Stark wrestled Coy Walker to the ground.
18. On or about May 24, 2015, Stark slammed Coy Walker's head to the ground.
19. On or about May 24, 2015, Stark jumped on the neck of Coy Walker.
20. On or about May 24, 2015, Stark falsified an allegation of assault on a public servant against Coy Walker for purposes of arresting him and taking him into custody.
21. On or about May 24, 2015, Coy Walker was searched and no weapons, illicit drugs, or contraband were located.
22. On or about May 24, 2015, the property of Herbert J. Walker was searched and no weapons, illicit drugs, or ...

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