Cortes et al v. Havens et al
| Francsico Cortes and Gabriel Enrique Ybarra-Villasenor |
| Rockwall County Sheriff Office and Hank Havens |
| 3:2014cv01044 |
| March 24, 2014 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| XX Outside US |
| Jane J Boyle |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
14
MEMORANDUM OPINION AND ORDER: The Motion to Dismiss 10 filed by Defendants Deputy Hank Havens and Rockwall County Sheriff's Office is hereby GRANTED in its entirety. Plaintiffs' claims under 42 U.S.C. § 1983 are barred by the statute of limitations and are DISMISSED WITH PREJUDICE; Plaintiffs' claims under Article I, Section 9 of the Texas Constitution are without merit and are DISMISSED WITH PREJUDICE; Because Rockwall County Sheriff's Office is not amenabl e to suit, Plaintiffs' claims and request for punitive damages against the entity are without merit and are DISMISSED WITH PREJUDICE. However, within thirty days of this Order, Plaintiffs may amend their pleadings so as to sue the correct legal entity, but must recognize the restrictions imposed by the statute of limitations, as discussed above. (Ordered by Judge Jane J Boyle on 12/5/2014) (tla)
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