United States District Court, N.D. Texas, Fort Worth Division
HERBERT J. WALKER and JUDY WALKER, INDIVIDUALLY AND AS INDEPENDENT ADMINISTRATORS OF COY WALKER, DECEASED, Plaintiffs,
PARKER COUNTY, TEXAS, et al., Defendants.
MEMORANDUM OPINION AND ORDER
MCBRYDE UNITED STATES DISTRICT JUDGE
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.
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.
at ¶¶ 62-65. Plaintiffs sued Stark and Brockway
"individually and as agents and/or employees of
Defendant [Parker County]." Id. at ¶ 66.
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
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
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