GALVESTON – Galveston County is looking to dismiss litigation from a Dickinson man which alleged two of its sheriff’s deputies stopped him without a factual basis for doing so, unlawfully searched and then arrested him.
Tyler Harris first filed suit in the U.S. District Court for the Southern District of Texas on July 29 versus Galveston County, Texas, Galveston County Sheriff’s Deputy Jordan Buckley and Galveston County Sheriff’s Deputy Marc M. Healy, all of Galveston.
“On Aug. 26, 2022, Buckley stopped the truck driven by Tyler Harris. Buckley had no lawful basis for the stop. Buckley’s only articulated pretext for initiating the stop, prior to the stop, was an alleged light malfunction on the truck itself. When stopped by Buckley, Tyler was driving his father’s truck to his home from a visit with his girlfriend. Tyler was an 18-year-old black man with no criminal history. During the drive, Tyler violated no traffic laws. He was properly observant to the roadway and his surroundings. He properly controlled his speed and the direction of his truck,” the complaint stated.
“He saw and complied with all traffic signals and signage, including the posted speed limit. When stopped by Buckley, Tyler was not impaired. He did not drink alcohol. He did not use illegal drugs. All lab reports confirm the absence of any alcohol, marijuana or any other intoxicants. The events described in this complaint are consistent with Galveston County Sheriff’s Office body-worn cameras or the dash cameras. Without reasonable or lawful basis, Buckley began to follow Tyler, and without reasonable or lawful basis, Buckley initiated a traffic stop of Tyler’s truck.”
The suit alleged that Buckley searched Tyler and his truck, arrested him without lawful cause and falsely noted in a subsequent report that he was driving while intoxicated, invading his privacy and property rights in the process.
UPDATE
Galveston County filed a motion to dismiss itself from the case on Sept. 13, on grounds of failure to state claims upon which relief could be granted.
“Plaintiff in his original complaint merely alleges policies and practices were deficient. But he fails to allege any facts, as required, regarding County training or supervisory policies such that the court could plausibly conclude were inadequate. Absent such allegations, plaintiff failed to plead the first element of his claim,” per the dismissal motion, in part.
“The paragraphs supporting Count Two are simply recitations of legal conclusions, and formulaic recitation of the elements of a cause of action. The plaintiff pleads no facts articulating specific training that was lacking or deficient, nor a deliberate decision not to train or supervise, of the named individual defendants, Deputy Buckley or Deputy Healy.”
Galveston County further countered that it “cannot be liable for an unwritten custom unless ‘actual or constructive knowledge of such custom’ is attributable to a County policymaker.”
“Plaintiff’s original complaint is devoid of any references to any County policy or custom as required under Fifth Circuit precedent. Nor does plaintiff plead facts demonstrating a causal nexus between any policy or practice and an alleged constitutional violation. The paragraphs supporting Counts Three and Four are simply recitations of legal conclusions, and formulaic recitation of the elements of a cause of action. He pleads no facts that satisfy the Fifth Circuit pleading requirements,” the dismissal motion continued.
For counts of violation of the Fourth and Fourteenth Amendments to the U.S. Constitution, various forms of municipal liability under Monell, the plaintiff is seeking compensatory and punitive damages, $1 in nominal damages, reasonable attorneys’ fees, costs and such other relief, including equitable relief, that this Court deems appropriate.
The plaintiff is represented by Jack Edward Urquhart in Houston.
The defendants are represented by Bryan Robert Lasswell and Genevieve Bacak McGarvey of McLeod Alexander Powel & Apffel, in Galveston.
U.S. District Court for the Southern District of Texas case 3:24-cv-00223
From the Southeast Texas Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com