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Porter v. Gipson

United States District Court, W.D. Texas, Austin Division

November 27, 2017

DERIC PORTER #630121
v.
ALESIA GIPSON, MARY CERDA, and STUART JENKINS

          ORDER

          SAM SPARKS UNITED STATES DISTRICT JUDGE

         Before the Court are Plaintiff Deric Porter's complaint (Document No. 1); Porter's Memorandum of Law (Document No. 2); Porter's Motion for Summary Judgment (Document No. 17); Porter's Opposition to Defendant Alesia Gipson's Sworn Affidavit (Document No. 25); Porter's newly discovered evidence (Document No. 26); Defendant's Motion for Summary Judgment (Document No. 30); Porter's Affidavit for Opposition to Defendant Alesia Gipson's answers and responses to first set of interrogatories (Document No. 31); Porter's Affidavit (Document No. 36); Porter's Response to Defendants' Motion for Summary Judgment (Document No. 39); Porter's supplemental responses (Document Nos. 40-41) and Porter's Motion for Judgment as a Matter of Law (Document No. 42). Porter, proceeding pro se, has been granted leave to proceed in forma pauperis.

         STATEMENT OF THE CASE

         At the time he filed his civil rights complaint, Porter was confined in the Travis County Correctional Complex. Porter's mandatory supervision was subsequently revoked, and Porter was transferred to a Substance Abuse Treatment Facility where he currently resides Porter alleges he was released on parole on Mayl3, 2016. Porter's release plan provided he would reside at his girlfriend's apartment. However, when he arrived at his girlfriend's, he discovered her husband had returned. Porter left and went to the Austin Transitional Center. He was allowed to spend the night but was required to leave the next morning. He then went to the VA Palm Center. He and his caseworker called Porter's parole officer, Alesia Gipson, and notified her of the situation. Gipson directed Porter to seek housing at the ARCH homeless shelter and do a coordinated assessment to see if Porter could qualify for emergency housing. Porter was allowed to stay the night at ARCH but did not qualify for emergency housing.

         According to Porter, on June 22, 2016, he informed Gipson he was homeless, living in a dangerous park in the St. John's area and needed halfway house placement. Porter claims Gipson stated she would file the paperwork for Porter to be placed in emergency halfway house placement.

         Porter returned to Gipson's office on July 26, 2016. Porter alleges he repeated his request for halfway house placement and informed Gipson he was in constant fear for his life. According to Porter, Gipson told him she would file the paperwork.

         Porter alleges he returned to Gipson's office again on August 4, 2016, informing her he needed housing and was living in a very dangerous park. Porter claims, despite his repeated requests, Gipson never completed the paperwork and he was stabbed sometime in October or November 2016 when he attempted to stop a robbery.

         Porter sues his parole officer, Alesia Gipson; her supervisor, Mary Cerda; and former Director of the Texas Department of Criminal Justice - Parole Division, Stuart Jenkins. He seeks $2 million in damages.

         Both Porter and Defendants move for summary judgment. Porter argues parole officials have a duty to provide immediate halfway house placement if a parolee can no longer live at his approved residence. Porter contends Gipson and Cerda lied when they told him they would file the paperwork for halfway house placement but never did. Due to their deliberate indifference, he maintains he was forced to live in a dangerous park and was brutally stabbed.

         Defendants admit Porter met with Gipson on June 22, 2016. At this meeting, Defendants assert Porter informed Gipson he was no longer living at his approved residence with his girlfriend, did not have family residing in Austin, Texas, and was attempting to establish permanent residence with his brother, who lived in Paris, Texas. However, should that fail, Porter may need halfway house placement. Defendants contend Porter did not attempt to find housing in Travis County from the approved housing list. In subsequent visits between Porter and Gipson, Porter allegedly continued to inform Gipson he was still trying to move into his brother's house. Defendants deny Porter ever requested placement in a halfway house.

         According to Defendants, a warrant for Porter's arrest was issued on August 12, 2016, because Porter violated several conditions of his mandatory supervision, including failure to appear at a hearing regarding a recent positive test result for use of a controlled substance and Porter absconded from supervision. Porter was subsequently arrested in February 2017, and his mandatory supervision was revoked in September 2017.

         Porter repeatedly accuses Gipson of lying at his revocation hearing. Specifically, he states he never told Gipson he was attempting to establish residency with his brother. Porter points out his brother resides in Nevada, not Texas, and Gipson knew this.

         DISCUSSION AND ANALYSIS

         I. Le ...


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