United States District Court, W.D. Texas, Austin Division
CARLTON EUGENE SCOTT (Travis Co. #17-39457)
CONSTABLE ADAN BALLESTEROS, CONSTABLE GUERREO #240, CHIEF DEPUTY DANIEL JOHNSON, SHERIFF SALLY HERNANDEZ, and SGT. SOBER
HONORABLE LEE YEAKEL UNITED STATES DISTRICT JUDGE
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE
W. AUSTIN, UNITED STATES MAGISTRATE JUDGE.
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.
the Court is Plaintiff's complaint. Plaintiff, proceeding
pro se, has been granted leave to proceed in forma pauperis.
OF THE CASE
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.
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
sues Constable Adan Ballesteros, Constable Guerreo, Chief
Deputy Constable Daniel Johnson, Sheriff Sally Hernandez, and
Sgt. Sober. He seeks $3.3 million in damages.
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.
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.
Standard Under 28 U.S.C. § 1915(e)
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 ...