United States District Court, S.D. Texas, Houston Division
MEMORANDUM AND RECOMMENDATION
FRANCES H. STACY UNITED STATES MAGISTRATE JUDGE.
and referred is Defendants Universal City and Universal City
Police Department's Motion to Dismiss (Document No. 10),
Defendant Bexar County's Motion to Quash Service and
Motion to Dismiss (Document No. 15), and Plaintiffs responses
to both, which have been filed as Motions to Deny
Defendants' Motions (Document Nos. 12 & 16). Having
considered Defendants' motions, Plaintiff s responses,
the claims and allegations in Plaintiff s Complaint, and the
applicable law, the Magistrate Judge RECOMMENDS, for the
reasons set forth below, that Defendants' Motions to
Dismiss (Document Nos. 10 & 15) be GRANTED, that
Plaintiffs Motions to Deny Defendant's Motions (Document
Nos. 12 & 16) be DENIED, and that Plaintiffs claims
against Defendants all be DISMISSED WITH PREJUDICE.
case was filed by Plaintiff Tristan Omarr Armstrong
("Armstrong") pro se, as a pro se
plaintiff. His pleadings will be liberally construed.
Aldersonv. Concordia Par. Corr. Facility, 848 F.3d
415, 419 (5th Cir. 2017). In his Complaint, filed on October
19, 2017, against Bexar County, Texas, Universal City, Texas,
and Universal City Police Department, Armstrong complains
about events that occurred in May 2014, which led to charges
of evading arrest, and defamation of his character
thereafter. Armstrong purports to assert a claim under 42
U.S.C. § 1983. The allegations in his Complaint in
support of that claim, sparse at best, are as follows:
The facts underlying my claim(s) are, Universal City Police
Department attempted to make contact with plaintiff at place
of his mother's previous residence. Universal City Police
Officer, David Gray accompanied by an additional patrolman
claimed petitioner had active traffic violations administered
by Universal City Municipal Court Judge, Charles Stubblefield
and Universal City Police Warrant Officer, Jeremy Bellamy.
Bexar County District Attorney's Office took the
initiative to repetitively accuse litigant of Evading
Arrest/Detention based on Universal City traffic violations.
The culprits stigmatized complainant as a fugitive and issued
an arrest warrant. However, litigant was enrolled at The
University of Houston and previously sentenced under the same
Ironically, The Bexar County District Attorney's Office
and Universal City Police Officers David Gray, Jorge Carmona
and Jeremy Bellamy utilized the same infractions as trial
court evidence in Bexar County's 226th
District Court May 29, 2014. Unfortunately, all citations
remain in warrant status and include an excessive fine after
time was served.
* * *
In all petitioner has been inconvenienced through all
educational endeavors and still under doctor's care.
Thus, I, Tristan Omarr Armstrong request to have all
outstanding infractions and conviction quashed, all personal
and educational ambitions funded by defendants, my original
military medical documents from trial May 29, 2014, monetary
relief, exemplary relief, actual relief, punitive relief, and
any relief the courts adjudge necessary. In addition to a
jury trial if the courts deem necessary.
Complaint (Document No. 1) at 4, 5.
Universal City, Texas and Universal City Police Department
seek dismissal of Armstrong's claims, arguing that res
judicata bars his claims given his two previous lawsuits
alleging essentially the same claims against the same
defendants, that the Universal City Police Department is not
subject to suit because it has no separate legal existence,
and that Armstrong's claims are barred by the applicable
statute of limitations. Defendant Bexar County also seeks
dismissal of Plaintiffs claims on the basis of res judicata
and as foreclosed by the applicable statute of limitations.
Nicholas Lahood, the Bexar County Criminal District Attorney,
who Armstrong attempted to serve as agent of Bexar County in
this case, also seeks to quash that service attempt, arguing
that he is not the proper agent for service for Bexar County.
has ostensibly responded to both motions, arguing that the
statute of limitations does not bar his claims because his
criminal case was closed on October 1, 2016, and the
limitations period should commence on that date, and that,
with regard to the Motion to Quash Service,
Bexar County Criminal District Attorney, Nicholas LaHood is
oblivious to the fact he's held liable for all erroneous
torts within Bexar County, Texas. Particularly, those
utilized during criminal prosecution. The Bexar County
District Attorney's Office is a prime suspect in this
personal injury suit. ...