Delarosa v. The State of Texas et al
| Juan Carlos Delarosa |
| The State of Texas, Texas Department of Criminal Justice, Hernandez, Cantu, Aguirre, Borola, Garcia and Bishop |
| 1:2008cv00063 |
| June 19, 2008 |
| U.S. District Court for the Northern District of Texas |
| Prisoner: Civil Rights Office |
| Mitchell |
| Philip R Lane |
| Plaintiff |
| Federal Question |
| 42:1983 Prisoner Civil Rights |
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Filing
20
ORDER ADOPTING 15 Findings and Recommendations, it is ORDERED (1) Plaintiffs claims against Defendants Hernandez and Cantu that he was subjected to cruel and unusual punishment in the form of deliberate indifference to his serious medical needs or his health and safety are dismissed with prejudice as frivolous.(2) Plaintiffs claim against all Defendants, except Aguirre, that he was subjected to cruel and unusual punishment in the form of a strip search are dismissed with prejudice as frivolou s. (3) Plaintiffs claims against Defendants Bishop, Burrola, and Garcia that he was subjected to cruel and unusual Punishment in the form of deliberate indifference to his serious medical needs and delay in medical treatment are dismissed with prejud ice as frivolous.(4) Plaintiffs claim against Defendant Burrola that Plaintiff was subjected to Retaliation for the grievance that he wrote about Burrola is dismissed with prejudice as frivolous. (5) Plaintiffs claims against the State of Texas and a gainst the other named Defendants in their official capacities are dismissed with prejudice as frivolous. (6) Within thirty (30) days from the date the Law Enforcement Defense Division of the Texas Attorney Generals Office receives this Order, Defend ant Officer Aguirre shall file a written answer or response to Plaintiffs claims that he was subjected to cruel and unusual punishment inthe form of deliberate indifference to his serious medical needs or health and safety on December 25, 2007, when he underwent a strip search without the use of a chair. (7) Within thirty (30) days from the date the Law Enforcement Defense Division of the Texas Attorney Generals Office receives this Order, Defendant Officer Cantu shall file a written answer or r esponse to Plaintiffs claims that Cantu retaliated against him for the December 30, 2007 grievance about her by filing the January 12, 2008 disciplinary case against him for being outof place and for failure to obey a direct order. (8) Defendants Sta te of Texas and Officers Hernandez, Burrola, Garcia, and Bishop are dismissed from this case. (9) The caption of this case shall be changed to reflect that Defendants Aguirre and Cantu are the only remaining defendants. Any pending motions are denied. (Ordered by Judge Sam R Cummings on 9/8/09) (jgf)
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Filing
15
REPORT AND RECOMMENDATIONS on case: Magistrate Judge Philip R Lane no longer assigned to case. The Court recommends that 1) Plaintiff's claims against Defendants Hernandez and Cantu that he was subjected to cruel and unusual punishment in the fo rm of deliberate indifference to his serious medical needs or his health and safety; 2) to dismiss with prejudice as frivolous Plaintiff's claim against all Defendants, except Aguirre, that he was subject to cruel and unusual punishment in the f orm of a strip search; 3) to dismiss with prejudice as frivolous Plaintiff's claims against Biship, Burrola, and Garcia that he was subjected to cruel and unusual punishment in the form of deliberate indifference to his serious medical needs and delay in medical treatment; 4) Dismiss with prejudice as frivolous Plaintiff's claim against Burrola that Plaintiff was subjected to retaliation for the grievance that he wrote about Burrola; 5) Dismiss with prejudice as frivolous Plaintiff 9;s claim against the State of Texas and against the other named Defendants in their official capacities; 6) Order an answer or other responsive pleading by Officer Aguirre on Plaintiff's claim that he was subjected to an unreasonable strip sear ch on December 25, 2007; 7) Order an answer or other responsive pleading by Officer Aguirre on Plaintiff's claim that he was subjected to cruel and unusual punishment in the form of deliberate indifference to his serious medical needs or health and safety on December 25, 2007 when he underwent a strip search without the use of a chair; 8) Order an answer or other responsive pleading by Officer Cantu on Plaintiff's claim that he was subjected to retaliation in the form of a false discip linary case; 9) dismiss the State of Texas and Officers Hernandez, Burrola, Garcia and Bishop from all claims in this case. Any pending non-dispositive motions not otherwise addressed above are denied. (Ordered by Magistrate Judge Philip R Lane on 2/17/09) (jgf)
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