Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Richardson v. University of Texas Systems

United States District Court, W.D. Texas, San Antonio Division

May 31, 2019

JONATHAN LEE RICHARDSON, Plaintiff,
v.
UNIVERSITY OF TEXAS SYSTEM, UNIVERSITY OF TEXAS AT SAN ANTONIO, SEAN CALLAHAN, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS UTSA POLICE OFFICER; CHIEF GERALD LEWIS, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS UTSA POLICE CHIEF, CITY OF SAN ANTONIO, TEXAS, DOES 1-25, INCLUSIVE; Defendants.

          ORDER

          XAVIER RODRIGUEZ, UNITED STATES DISTRICT JUDGE

         On this day the Court considered Defendants' Motions to Dismiss (docket nos. 2, 3) and Plaintiff's Motion for Citation by Publication (docket no. 19). After careful consideration, the Court GRANTS Defendants' motions to dismiss and GRANTS IN PART AND DENIES IN PART Plaintiff's motion.

         BACKGROUND

         This case arises from the February 14, 2017 response by police officers, including Sean Callahan, who was at the time an officer in the University of Texas at San Antonio (“UTSA”) Police Department, to the apartment of Plaintiff Jonathan Lee Richardson.

         On February 14, 2017, officers from the UTSA Police Department and the San Antonio Police Department (“SAPD”) were dispatched to Highview Place Apartments after a shooting. Docket no. 1-6 at 5. A bystander told the responding officers that Unit 8101 was the “trap house.” Id. After Callahan knocked on the door of Unit 8101, Plaintiff opened the door and went outside. Id. Plaintiff alleges his pants fell down as he was coming outside, so he reached down to pull them up again. Id. In response, Callahan allegedly yelled, “Get your fucking hands up, dude, ” and pushed Plaintiff against the exterior wall. Id. Plaintiff alleges that Callahan violently threw him onto a bed of rocks and shoved his knee into the middle of Plaintiff's back. Id. Plaintiff allegedly complied with Callahan's requests and told Callahan that he did not have any knowledge of the shooting or any guns or drugs. Id. at 6. Callahan allegedly placed Plaintiff in handcuffs and threw him down on the curb outside the apartment. Id. The responding UTSA and SAPD officers allegedly then conducted a warrantless search of Plaintiff's apartment and did not find any guns, drugs, or other evidence to connect him to the shooting. Id.

         Plaintiff filed his original petition on February 14, 2019 in the 45th District Court in Bexar County, Texas, and Defendants removed to this court on March 18, 2019. Docket no. 1. In his complaint, Plaintiff brings a claim for the deprivation of his constitutional rights under 42 U.S.C. § 1983 and claims under Texas law for assault and battery; false imprisonment; intentional infliction of emotional distress; and negligent hiring, supervision, training, and retention. Docket no. 1-6 at 1-2. Plaintiff brings these claims against the University of Texas System (“UT System”); UTSA; Callahan, the arresting officer, individually and in his official capacity as UTSA police officer; Gerald Lewis, individually and in his official capacity as UTSA Chief of Police; City of San Antonio; SAPD Chief William McManus; and Does 1-25, the SAPD officers who allegedly failed to intervene. Docket no. 1-6 at 1-2.

         Plaintiff's claims are as follows:

• excessive force claim against Callahan under Section 1983 (Count One);
• assault and battery claims against Callahan under Section 1983 (Count Two);
• unlawful arrest and false imprisonment claims against Callahan (Count Three) and SAPD (Count Four);
• intentional infliction of emotional distress claim against Callahan (Count Five) and SAPD (Count Six);
• negligent hiring, supervision, training, and retention claims against UTSA (Count Seven), SAPD Chief McManus[1] (Count Eight), and UTSA Chief Lewis (Count Nine).

         I. UT System, UTSA, and Chief Gerald Lewis's Motion to Dismiss (docket no. 2)

         Pursuant to Federal Rule of Civil Procedure 12(b)(6), UT System, UTSA, and Lewis move to dismiss Plaintiff's § 1983 claims against them on the basis that Plaintiff fails to assert any claims against UT System; UT System, UTSA, and Lewis in his official capacity are not “persons” subject to suit; these defendants were not personally involved in the alleged constitutional violation and cannot be held liable for their subordinates' conduct under a respondeat superior theory; and Plaintiff fails to overcome Lewis's presumptive entitlement to qualified immunity in his individual capacity. Docket no. 2. They also move to dismiss Plaintiff's state claims against UT System, UTSA, and Lewis in his official capacity because they do not fall under the Texas Tort Claims Act's limited waiver of liability and against Lewis, in his individual capacity, because they are barred by Tex. Civ. Prac. & Rem. Code § 101.106(e). Docket no. 2 at 11-12.

         II. The City of San Antonio's Motion to Dismiss (docket no. 3)

         The City moves to dismiss Plaintiff's § 1983 claims on the basis that Plaintiff does not plead the necessary elements for the failure to intervene or for municipal liability. Docket no. 3 at 3-4. The City also moves to dismiss Plaintiff's state claims because they do not fall ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.