United States District Court, N.D. Texas, Dallas Division
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
L. HORAN UNITED STATES MAGISTRATE JUDGE
Quincy Demond Blakely and Kimberly Blakely paid the filing
fee to bring this pro se civil rights action under
42 U.S.C. § 1983. Their action has been referred to the
undersigned United States magistrate judge for pretrial
management under 28 U.S.C. § 636(b) and an order of
reference from United States District Judge Ed Kinkeade.
on Mr. Blakely's then-ongoing state misdemeanor
prosecution, the Court stayed and administratively closed
this action on November 3, 2016. See Dkt. Nos. 11
& 12. On May 20, 2018, Plaintiffs moved to reopen their
case, attaching to that motion an order dismissing the
misdemeanor prosecution against Mr. Blakely. See
Dkt. No. 13. The Court granted their motion, and, because
they paid the filing fee, directed Plaintiffs to serve their
complaint by August 20, 2018. See Dkt. No. 14.
filed an amended complaint [Dkt. No. 15] before that
deadline. Several defendants filed waivers of service in
September 2018. See Dkt. Nos. 17-24. And, on October
8, 2018, Defendants City of Dallas, see Dkt. No. 26,
and Officers Steve Gomez, Jr., Pamela Hampton-Bradley,
Francisco J. Mireles, Fidel Padron, Robert Ramsey, Pablo
Rojas, and Fernando Silva, see Dkt No. 27, moved to
dismiss some - not all - of Plaintiffs' claims against
them under Federal Rule of Civil Procedure 12(b)(6).
Court then entered an order staying these defendants'
deadline to serve responsive pleadings pending the
disposition of their motions, advising Plaintiffs of the
legal standards governing Rule 12(b)(6) motions, and setting
response and reply deadlines. See Dkt. No. 30. And,
although Mr. Blakely filed an emergency motion requesting
that the Court enjoin “the execution of an arrest
warrant issued October 4, 2018 in” his state
misdemeanor prosecution [Dkt. No. 29] - a motion that the
Court denied under the Anti-Injunction Act, see Dkt.
No. 32 - Plaintiffs failed to respond to the motions to
dismiss. And the time to do so has expired.
undersigned enters these findings of fact, conclusions of
law, and recommendation that the Court should grant the
motions to dismiss; dismiss with prejudice all claims against
the City of Dallas; dismiss with prejudice the claims against
Officers Gomez, Hampton-Bradley, Mireles, Padron, Ramsey,
Rojas, and Silva based on equal protection, due process, the
Texas constitution, and an alleged conspiracy; and re-refer
this case to the undersigned for further pretrial management.
lawsuit is based on an encounter with Dallas police officers,
including the individual defendants, that occurred on October
18. On October 3, 2014, I, Plaintiff Quincy Blakely made
reservations for my family and I at Hattie's restaurant
located 418 N Bishop Ave, Dallas, TX 75208 for 7pm.
19. My mother-in-law and niece arrived at Hattie's before
7pm. My mother-in-law parked her car with valet and went into
Hattie's to get seated for our reservation.
20. My mother-in-law and niece were advised that the
restaurant would not seat incomplete parties and the
reservation would be cancelled if arrival is not within 15
minutes of reservation.
21. Because Plaintiff, Kimberly Blakely, our son and I were
running late, my mother-in- law contacted us and advised that
the reservation would be cancelled, so we could just dine at
nearby Gloria's restaurant located at 600 N. Bishop
Avenue Dallas, Texas.
22. My mother-in-law and niece left Hattie's restaurant
and waited for my wife, son and I to pick them up outside at
the corner of Bishop Ave and Seventh Street.
23. Since my mother-in-law had already valeted her vehicle,
she just decided to leave it with Hattie's valet in the
event there was no handicap parking at Gloria's
24. At approximately 7:15pm, we picked up my mother-in-law
and niece at the corner of Bishop Ave and Seventh Street and
went to Gloria's restaurant located at 600 N. Bishop
Avenue Dallas 75208.
25. We arrived at Gloria's restaurant at or about 7:20pm
and left at approximately 10:05pm arriving back to pick up my
26. At approximately 10:10pm, myself, my wife, Plaintiff
Kimberly Blakely, my 2-year-old son, niece and mother-in-law
arrived at the valet stand in front of Hattie's
restaurant. I, Quincy Blakely was in the driver's seat,
my wife in the passenger and my niece, son and mother in-law
in the back seat.
27. My mother-in-law got out, walked up to the valet to
retrieve her vehicle. The valet attendant requested $5.00. My
mother in law stated she was not advised there was a $5.00
fee, nor was there a posted sign stating there was a valet
28. My mother-in-law stated that when she parked, she asked
if there was handicapped parking, and the valet advised that
he would park it for her.
29. Plaintiff, Kimberly Blakely got out from the passenger
side of the vehicle after listening to valet refuse to get my
mother-in-law key, and eventually called 911. While my wife
was on the phone with 911, I, Quincy Blakely got out of the
vehicle and asked valet where the keys were.
30. The valet attendant looked into the key box and asked
what kind of car and what kind of keys. I, Quincy Blakely
looked into the opened key box with the valet and said, while
reaching to retrieve the keys, here they are.
31. Plaintiff, Kimberly Blakely asked where the car was
parked, and the valet attendant then advised that the car was
parked blocks down on ninth street.
32. Plaintiff, Kimberly Blakely then called 911 back to
cancel the call and advised that we had the keys and valet
provided the location of the vehicle.
33. We all then left the location, attempted to look for the
vehicle but were unsuccessful. We went back to the valet
stand and were given the exact location of the vehicle; which
was parked in the dirt across from 302 W. Ninth Street at
Madison. We then retrieved my mother-in-law's vehicle and
34. During the encounter on October 3, 2014, on or about
10:15pm, defendants Kelly, Gomez Jr. and Rojas, used force
upon Plaintiff, Quincy Blakely that was completely
unwarranted and unnecessary. In an effort to cover up their
use of excessive force, Defendants Kelly and Gomez Jr. caused
Plaintiff, Quincy Blakely to be arrested and detained for
unlawful carrying firearm and resisting arrest despite a lack
of probable cause that Plaintiff, Quincy Blakely committed
the offense on which Plaintiff, Quincy Blakely was charged
35. On or about October 3, 2014, defendant Kelly and
defendant Gomez Jr. responded to a call that was initiated by
Plaintiff, Kimberly Blakely because valet attendants refused
to release keys to a vehicle that was valeted by my
36. Plaintiff Kimberly Blakely cancelled the 911 call after
valet released the keys and advised where the vehicle was
37. While heading home, Plaintiffs were stopped by defendants
Kelly and Gomez Jr.
38. Upon stopping Plaintiff's vehicle, I, Quincy Blakely
rolled the window down to question why we were being stopped
and was advised by defendants Kelly and defendant Gomez Jr.
that they were conducting an investigation of a disturbance
that took place inside of Hattie's restaurant.
39. Defendants Kelly and Gomez Jr. alleged that they were
flagged down by a witness and was advised that
Plaintiff's caused a disturbance inside Hattie's
restaurant and became agitated toward staff because the staff
at Hattie's restaurant could not hold Plaintiff's
reservation due to the fact the entire party was not present.
40. I was advised that a witness, now known as Anthony
Alvarez, owner of Hattie's restaurant allegedly witnessed
the disturbance inside the restaurant by Plaintiff's
against his staff.
41. I, Quincy Blakely advised defendants Kelly and Gomez Jr
that myself nor Kimberly Blakely had NEVER been inside of
Hattie's restaurant, let alone caused a disturbance with
employees about a reservation.
42. I advised defendants Gomez and Kelly that we had just
eaten at Gloria's restaurant located 2 blocks away at 600
Bishop Avenue Dallas, Texas, from 7:20pm-10:00pm, showed them
my receipt and advised that they have the wrong suspects.
43. Defendant Kelly and defendant Gomez asked for my
identification and I, Quincy Blakely provided my Utah
concealed handgun license as well. I advised defendants Kelly
and Gomez that we had not committed a crime and asked then to
identify the witness but the requests were denied.
44. I was advised that I was under arrest. I questioned what
I was under arrest for and defendant Kelly and defendant
Gomez Jr. refused to answer the question.
45. I advised defendants Gomez Jr. and Kelly that I was
armed, after which, with great force, I was pulled from the
vehicle, and pushed onto the police vehicle without making
any sudden movements, and without protest.
46. I was put into handcuffs and aggressively searched by
defendant Kelly. At one point during the search, Defendant
Kelly without reason or provocation, grabbed and pulled my
testicles after searching my private area more than once.
47. Defendant Gomez Jr. then got the remote to the police
vehicle's dash cam and turned down the volume on
defendant Kelly, which I can only assume was so they
wouldn't be heard verbally abusing me while I was being
48. While being searched excessively and aggressively without
provocation, I advised defendant Kelly that the handcuffs
were too tight, yet my handcuffs were never loosened, in
fact, she tightened the handcuffs even more while Defendant
Gomez Jr. looked at the dash cam, moved and positioned
himself in front of the view of the dash cam as defendant
Kelly tightened the handcuffs.
49. I, Quincy Blakely, advised unknown male defendant to give
my weapon and other property to Kimberly Blakely but unknown
male defendant declined and stated that my wife refused to
accept the property or give her identification, (which is
untrue) as defendant simultaneously put my property into a
clear bag as my wife shouted to him that she would take the
property and had not refused to identify herself.
50. Defendant Hampton-Bradley then asked for plaintiff wife
Kimberly Blakely's identification and at that point her
Driver's License was provided to Hampton-Bradley.
51. After being placed in the police vehicle with the volume
being turned down, the heat was turned on and the windows
rolled down about a 1/2 inch, as defendants Rojas and