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Scott v. Ballesteros

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

April 5, 2018

CARLTON EUGENE SCOTT (Travis Co. #17-39457)
v.
CONSTABLE ADAN BALLESTEROS, CONSTABLE GUERREO #240, CHIEF DEPUTY DANIEL JOHNSON, SHERIFF SALLY HERNANDEZ, and SGT. SOBER

          THE HONORABLE LEE YEAKEL UNITED STATES DISTRICT JUDGE

          REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

          ANDREW W. AUSTIN, UNITED STATES MAGISTRATE JUDGE.

         The Magistrate Judge submits this Report and Recommendation to the District Court pursuant to 28 U.S.C. §636(b) and Rule 1(f) of Appendix C of the Local Court Rules of the United States District Court for the Western District of Texas, Local Rules for the Assignment of Duties to United States Magistrate Judges.

         Before the Court is Plaintiff's complaint. Plaintiff, proceeding pro se, has been granted leave to proceed in forma pauperis.

         STATEMENT OF THE CASE

         At the time he filed his complaint pursuant to 42 U.S.C. § 1983, Plaintiff was confined in the Travis County Correctional Complex. According to Plaintiff, he was arrested by Travis County Constables on October 26, 2017, after engaging in an argument with his wife in a vehicle at an intersection on North Lamar Boulevard. Plaintiff complains the constables falsely arrested him, because Plaintiff's wife told them she did not want to press charges for assault. Plaintiff also complains Constable Guerreo illegally searched and seized Plaintiff's vehicle and Guerreo did not file an inventory sheet. According to Plaintiff, Guerreo found pills in the car. Plaintiff asserts he explained the pills were either his, his wife's, or his lady friend's.

         In addition to complaining about his arrest, Plaintiff complains about the conditions of his confinement in the Travis County Correctional Complex. Plaintiff alleges he has been denied prescription medication for his mental disorder and high blood pressure, he has been discriminated against, he needs more soap, and he was assaulted by another inmate. Plaintiff further alleges, after the inmate-on-inmate assault, Sgt. Wilson locked Plaintiff up in super segregation and he was required to wear a prison uniform with orange and white stripes instead of black and white stripes. Plaintiff contends offenders in orange and white uniforms are subject to discrimination. Plaintiff also asserts he was sexually assaulted by Post Officer Gibbs as the officer was unshackling Plaintiff after he returned from the recreation yard. Specifically, Plaintiff alleges Gibbs pushed him and told him to “get on [your] knees boy.” Plaintiff alleges he was denied his one hour of dayroom time the day he was sexually assaulted and “for no apparent reason at all.”

         Plaintiff sues Constable Adan Ballesteros, Constable Guerreo, Chief Deputy Constable Daniel Johnson, Sheriff Sally Hernandez, and Sgt. Sober. He seeks $3.3 million in damages.

         The arrest affidavit filed in Plaintiff's criminal case, Cause No. D-1-DC-17207334, in the 450th Judicial District Court of Travis County provides:

At approximately 1218 hours, in the 5200 block of Airport Blvd Austin, Texas, Deputies observed a black 2005 Toyota Solara with an active assault occurring inside the vehicle. Deputies observed a female passenger identified as Green . . . attempting to exit the passenger side of the vehicle, as she was being struck with a closed fist, scratched, and pulled forcefully by Scott back into the vehicle. Green had visible injuries on multiple parts of her body, including her arms and neck, and complained of pain from the injuries. Green advised that she has been in a relationship for approximately 10 years. Green stated that they had dated for 3 years, and had been legally married for 7 years.

         A Travis County Magistrate Judge found probable cause existed for the issuance of an arrest warrant. Plaintiff was subsequently indicted for “Assault Family/Household Member Prev Conv PC 22.01(b)(2)(A) - F3 Enhanced.” The indictment alleged Plaintiff had three previous convictions for family violence offenses under Chapter 22 of the Penal Code. In all three cases, Green was the victim.

         DISCUSSION AND ANALYSIS

         A. Standard Under 28 U.S.C. § 1915(e)

         An in forma pauperis proceeding may be dismissed sua sponte under 28 U.S.C. § 1915(e) if the court determines the complaint is frivolous, malicious, fails to state a claim upon which relief may be granted or seeks monetary relief against a defendant who is immune from suit. A dismissal for frivolousness or maliciousness may occur at any time, before or after service of ...


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