Case: Lewis v. Rosenberg Police Department

4:22-cv-02593 | U.S. District Court for the Southern District of Texas

Filed Date: Aug. 4, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This case stems from an alleged incident of misconduct and excessive use of force by members of the police department in Rosenberg, Texas, against an elderly African American couple in late 2020. Officers stopped and detained the couple for nearly an hour while allegedly searching for several teenage boys thought to be driving a similar-looking vehicle. During their interaction with police, the couple allegedly both informed officers that one of the two of them, a 67-year-old man with kidney di…

This case stems from an alleged incident of misconduct and excessive use of force by members of the police department in Rosenberg, Texas, against an elderly African American couple in late 2020. Officers stopped and detained the couple for nearly an hour while allegedly searching for several teenage boys thought to be driving a similar-looking vehicle. During their interaction with police, the couple allegedly both informed officers that one of the two of them, a 67-year-old man with kidney disease, was a dialysis patient who was fitted with an AV fistula in his forearm. Because of this AV fistula, doctors had informed the defendant he was not to place anything tight around his wrist. Nonetheless, officers used handcuffs when detaining the defendant. As a result, the defendant’s medical device malfunctioned, resulting in several medical procedures to replace the fistula.

Represented by the National Police Accountability Project and private counsel, the couple filed suit in August 2022 in the U.S. District Court for the Southern District of Texas against the City of Rosenberg, the Rosenberg Police Department, and five individual Rosenberg police officers involved in the incident. The seven-count complaint alleged that the officers' conduct constituted unlawful detention, false arrest, illegal search, illegal seizure, and excessive force–all in violation of Fourth Amendment protections–as well as that officers engaged in disability discrimination in violation of Title II of the ADA and violated state laws regarding civil theft and conversion. The complaint requested monetary and compensatory damages, as well as various forms of injunctive and declaratory relief. The complaint also requested the court to order the city to adopt a myriad of reforms to police department policies, including requiring officers to use and retain footage from dashcams and body-worn cameras.

The defendants filed a joint motion to dismiss for failure to state a claim on September 12, 2022. On May 25, 2023, District Judge Andrew S. Hanen entered an order granting in part and denying in part the motion to dismiss. 2023 WL 3668536. Specifically, Judge Hanen granted the motion as to the counts related to unlawful detention, illegal seizure, and civil theft/conversion against the city and the police department, as well as the female defendant’s excessive force claim and the male defendant’s claims for unlawful search and unlawful seizure. The judge also granted the motion with respect to all municipal liability claims against the city and the police department. The judge denied the motion and allowed the trial to continue as to the claims for unlawful arrest, the female plaintiff’s claim for unlawful search, and the male plaintiff’s ADA and excessive force claims.

On December 20, 2023, the plaintiffs filed an amended complaint, which, among other things, reflected the dismissal of several counts by the court and named an additional Rosenberg police officer as a defendant. Thereafter, in mid-January, the newly-named defendant officer filed a motion to dismiss, while all defendants jointly filed a motion for final summary judgment. In their summary judgment motion, the defendants argued the following: (1) the claims against the newly-named defendant officer were barred by limitations; (2) the officers did not violate the Fourth Amendment; (3) the city was not required to accommodate the male defendant’s alleged disability; and (4) plaintiffs failed to refute any officer’s qualified immunity assertion.

Magistrate Judge Richard W. Bennett issued memoranda and recommendations on the outstanding motions on August 8th. On the motion for final summary judgment, Judge Bennet recommended that the court:

  1. find that the plaintiffs’ claims against the newly-named plaintiff officer related back to the original pleading and, thus, are not barred by the statute of limitations;
  2. grant the motion as to the plaintiffs’ false arrest claim on the grounds that the offers’ actions were reasonable under the circumstances and the interaction between the officers and the plaintiffs did not constitute a de facto arrest due to its relative brevity;
  3. grant the motion as to the female defendant’s illegal search claim on the grounds that the officers acted reasonably in performing a protective sweep of the car in an attempt to ensure that there were no weapons in the vehicle;
  4. deny the motion as to the male defendant’s excessive force claim, as well as the officers’ assertion of qualified immunity protection for this claim; and
  5. grant the motion as to the male defendant’s ADA claim on the grounds that the scene was not secure at the time the officers handcuffed the defendant.

Regarding the motion to dismiss, Judge Bennett recommended that the court deny the motion as to the excessive force claim and deny the motion as moot as to the unlawful arrest claims and the female defendant’s unlawful search claim. 

On September 30, 2024, Judge Hanen issued two orders formally adopting the magistrate’s recommendations on the respective motions.

Summary Authors

Logan Moore (10/18/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/64869092/parties/lewis-v-rosenberg-police-department/


Judge(s)

Hanen, Andrew S. (Texas)

Attorney for Plaintiff

Bonds, Lauren (Texas)

James, Keisha (Texas)

Attorney for Defendant

Giles, Norman Ray (Texas)

Helfand, William Scott (Texas)

Documents in the Clearinghouse

Documents in this case
1

4:22-cv-02593

Complaint

Aug. 4, 2022

Aug. 4, 2022

Complaint
39

4:22-cv-02593

Order

May 25, 2023

May 25, 2023

Order/Opinion

2023 WL 3668536

57

4:22-cv-02593

First Amended Complaint

Dec. 20, 2023

Dec. 20, 2023

Complaint
92

4:22-cv-02593

Memorandum and Recommendations

Aug. 8, 2024

Aug. 8, 2024

Magistrate Report/Recommendation
93

4:22-cv-02593

Memorandum and Recommendations

Aug. 8, 2024

Aug. 8, 2024

Magistrate Report/Recommendation
93

4:22-cv-02593

Memorandum and Recommendations

Aug. 8, 2024

Aug. 8, 2024

Magistrate Report/Recommendation
96

4:22-cv-02593

Order Adopting Memorandum and Recommendations

Sept. 30, 2024

Sept. 30, 2024

Order/Opinion

2024 WL 4357563

97

4:22-cv-02593

Order

Sept. 30, 2024

Sept. 30, 2024

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/64869092/lewis-v-rosenberg-police-department/

Last updated April 12, 2026, 4:42 a.m.

ECF Number Date Description Link
1 Aug. 4, 2022

COMPLAINT against All Defendants (Filing fee $ 402 receipt number ATXSDC-28570465) filed by Regina Armstead, Michael Lewis. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Kizzia, D) (Entered: 08/04/2022)

1 Civil Cover Sheet Civil Cover Sheet

View on RECAP

RECAP
2 Aug. 4, 2022

MOTION for Tiffany Bartley Sams to Appear Pro Hac Vice by Regina Armstead, Michael Lewis, filed. Motion Docket Date 8/25/2022. (Kizzia, D) (Entered: 08/04/2022)

RECAP
3 Aug. 4, 2022

MOTION for Lauren Bonds to Appear Pro Hac Vice by Regina Armstead, Michael Lewis, filed. Motion Docket Date 8/25/2022. (Kizzia, D) (Entered: 08/04/2022)

RECAP
4 Aug. 4, 2022

MOTION for Keisha James to Appear Pro Hac Vice by Regina Armstead, Michael Lewis, filed. Motion Docket Date 8/25/2022. (Kizzia, D) (Entered: 08/04/2022)

RECAP
5 Aug. 4, 2022

MOTION for Eliana Machefsky to Appear Pro Hac Vice by Regina Armstead, Michael Lewis, filed. Motion Docket Date 8/25/2022. (Kizzia, D) (Entered: 08/04/2022)

RECAP
6 Aug. 5, 2022

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 10/6/2022 at 11:20 AM by video before Magistrate Judge Sam S Sheldon. (Signed by Judge Andrew S Hanen) Parties notified.(ShannonHolden, 4) (Entered: 08/05/2022)

RECAP
7 Aug. 11, 2022

Request for Issuance of Summons as to All Plaintiffs, filed.(Kizzia, D) (Entered: 08/11/2022)

RECAP
8 Aug. 11, 2022

Request for Issuance of Summons as to All Plaintiffs, filed.(Kizzia, D) (Entered: 08/11/2022)

RECAP
9 Aug. 12, 2022

Summons Issued as to City of Rosenberg, Rosenberg Police Department. Issued summons delivered to plaintiff by NEF, filed. (Attachments: # 1 Summons as to Rosenberg Police Department)(AkeitaMichael, 4) (Entered: 08/12/2022)

RECAP
10 Aug. 15, 2022

Request for Issuance of Summons as to All Plaintiffs, filed.(Kizzia, D) (Entered: 08/15/2022)

RECAP
11 Aug. 15, 2022

Request for Issuance of Summons as to All Plaintiffs, filed.(Kizzia, D) (Entered: 08/15/2022)

RECAP
12 Aug. 15, 2022

Request for Issuance of Summons as to All Plaintiffs, filed.(Kizzia, D) (Entered: 08/15/2022)

RECAP
13 Aug. 15, 2022

Request for Issuance of Summons as to All Plaintiffs, filed.(Kizzia, D) (Entered: 08/15/2022)

RECAP
14 Aug. 15, 2022

Request for Issuance of Summons as to All Plaintiffs, filed.(Kizzia, D) (Entered: 08/15/2022)

RECAP
15 Aug. 16, 2022

Summons Issued as to Ryan Cantu, John Clausen, John Delgado, Arthur Love, Adam Vasquez. Issued summons delivered to plaintiff by NEF, filed. (Attachments: # 1 Summons for Clausen, # 2 Summons for Love, # 3 Summons for Vasquez, # 4 Summons for Delgado)(AkeitaMichael, 4) (Entered: 08/16/2022)

RECAP
16 Aug. 30, 2022

ORDER granting 4 Motion for Keisha James to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Andrew S Hanen) Parties notified.(gkelner, 4) (Entered: 09/01/2022)

RECAP
17 Sept. 1, 2022

ORDER granting 5 Motion for Eliana Machefsky to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Andrew S Hanen) Parties notified.(jguajardo, 4) (Entered: 09/01/2022)

RECAP
18 Sept. 12, 2022

MOTION to Dismiss ( Motion Docket Date 10/3/2022.), MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Ryan Cantu, City of Rosenberg, John Clausen, John Delgado, Arthur Love, Rosenberg Police Department, Adam Vasquez, filed. (Attachments: # 1 Proposed Order Proposed Order)(Helfand, William) (Entered: 09/12/2022)

1 Proposed Order Proposed Order

View on PACER

RECAP
19 Sept. 14, 2022

NOTICE of Appearance by William S. Helfand, Norman Ray Giles, and Randy Lopez on behalf of City of Rosenberg, filed. (Helfand, William) (Entered: 09/14/2022)

RECAP
20 Sept. 14, 2022

CERTIFICATE OF INTERESTED PARTIES by City of Rosenberg, filed.(Helfand, William) (Entered: 09/14/2022)

RECAP
21 Sept. 15, 2022

CERTIFICATE OF INTERESTED PARTIES by Regina Armstead, Michael Lewis, filed.(Kizzia, D) (Entered: 09/15/2022)

RECAP
22 Sept. 16, 2022

ORDER granting 3 Motion for Lauren Bonds to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4) (Entered: 09/19/2022)

RECAP
23 Sept. 20, 2022

JOINT DISCOVERY/CASE MANAGEMENT PLAN by Regina Armstead, Michael Lewis, filed.(Kizzia, D) (Entered: 09/20/2022)

RECAP
24 Sept. 20, 2022

PROPOSED ORDER re: 23 JointDiscovery/Case Management Plan, filed.(Kizzia, D) (Entered: 09/20/2022)

RECAP
25 Oct. 3, 2022

RESPONSE in Opposition to 18 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Regina Armstead, Michael Lewis. (Kizzia, D) (Entered: 10/03/2022)

RECAP
26 Oct. 4, 2022

PROPOSED ORDER Denying Defendants' Motion to Dismiss re: 25 Response in Opposition to Motion, filed.(Kizzia, D) (Entered: 10/04/2022)

RECAP
27 Oct. 6, 2022

MINUTE ENTRY ORDER: The Court conducted the Initial Conference and entered a Scheduling Order. Appearances: Keisha James, Lauren Bonds, Eliana Machefsky, Alle Van Stean, Norman Ray Giles. Ct Reporter: ERO. Digital Number: 11:20-11:27AM.(Signed by Magistrate Judge Sam S Sheldon) Parties notified.(sjones, 4) (Entered: 10/06/2022)

RECAP
28 Oct. 6, 2022

SCHEDULING ORDER. ETT: 5 days. Jury. Amended Pleadings due by 1/20/2023. Joinder of Parties due by 1/20/2023 Pltf Expert Witness List due by 4/14/2023. Pltf Expert Report due by 4/14/2023. Deft Expert Witness List due by 5/16/2023. Deft Expert Report due by 5/16/2023. Discovery due by 4/28/2023. Dispositive Motion Filing due by 5/30/2023. Non-Dispositive Motion Filing due by 7/3/2023. Responses due by 6/20/2023. Joint Pretrial Order due by 11/27/2023. Final Pretrial Conference set for 1/8/2024 at 01:30 PM in Courtroom 9C before Judge Andrew S Hanen. Jury Trial set for 1/22/2024 at 09:00 AM in Courtroom 9C before Judge Andrew S Hanen(Signed by Magistrate Judge Sam S Sheldon) Parties notified.(sjones, 4) (Entered: 10/06/2022)

RECAP
29 Oct. 13, 2022

REPLY to Response to 18 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Ryan Cantu, City of Rosenberg, John Clausen, John Delgado, Arthur Love, Adam Vasquez. (Giles, Norman) (Entered: 10/13/2022)

RECAP
30 Oct. 21, 2022

NOTICE of Setting. Parties notified. Discovery Hearing set for 10/26/2022 at 11:00 AM by telephone before Judge Andrew S Hanen, filed. (rhawkins) (Entered: 10/21/2022)

RECAP
31 Oct. 26, 2022

ORDER (Signed by Judge Andrew S Hanen) The Discovery in this case is STAYED pending the Court's ruing on the Motion to Dismiss (#18) Counsel for Defendants will admonish the Defendants that all evidence in their possession will be preserved. Parties notified.(rhawkins) (Entered: 10/26/2022)

RECAP
Oct. 26, 2022

Minute Entry for proceedings held before Judge Andrew S Hanen. DISCOVERY HEARING held on 10/26/2022. The Court heard argument of counsel regarding discovery issues. Discovery in this matter will be stayed pending the Court's ruling on 18 Motion to Dismiss. The Court further ordered counsel for the Defendant to admonish Defendants to preserve all evidence. Order to follow. Appearances: Keisha James, Lauren Bonds, Eliana Machefsky, Norman Ray Giles.(Court Reporter: N. Forrest), filed.(rhawkins)

Oct. 26, 2022

Discovery Hearing

32 Dec. 28, 2022

ORDER denying 2 Motion to Appear Pro Hac Vice as to Tiffany Bartley Sams. Pursuant to Local Rules for the Southern District of Texas, Lawyers who reside in the district must apply in the division where the lawyer resides..(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4) (Entered: 12/28/2022)

RECAP
33 Jan. 5, 2023

NOTICE OF POTENTIAL DESTRUCTION OF EVIDENCE by Michael Lewis, filed. (Kizzia, D) (Entered: 01/05/2023)

RECAP
34 Jan. 20, 2023

NOTICE Vacation Notice by Regina Armstead, Michael Lewis, filed. (Kizzia, D) (Entered: 01/20/2023)

RECAP
35 Jan. 30, 2023

Mail Returned Undeliverable as to attorney Eliana Machefsky as to All Plaintiffs re: 17 Order on Motion to Appear Pro Hac Vice,, filed. No updated address available. (DarleneHansen, 4) (Entered: 01/30/2023)

RECAP
36 Feb. 7, 2023

Mail Returned Undeliverable as to attorney Eliana Machefsky as to 22 Order on Motion to Appear Pro Hac Vice,, filed. (ShannonHolden, 4) (Entered: 02/07/2023)

RECAP
37 Feb. 14, 2023

NOTICE of Change of Address by Eliana Machefsky, counsel for Michael Lewis, filed. (Machefsky, Eliana) (Entered: 02/14/2023)

RECAP
38 Feb. 14, 2023

NOTICE of Change of Address by Eliana Machefsky, counsel for Michael Lewis, filed. (Machefsky, Eliana) (Entered: 02/14/2023)

RECAP
39 May 25, 2023

ORDER granting in part and denying in part 18 Motion to Dismiss.(Signed by Judge Andrew S Hanen) Parties notified.(rhawkins)

RECAP
40 June 8, 2023

ANSWER to 1 Complaint with Jury Demand by Ryan Cantu, City of Rosenberg, John Clausen, John Delgado, Arthur Love, Adam Vasquez, filed.(Giles, Norman) (Entered: 06/08/2023)

RECAP
41 June 13, 2023

Joint MOTION for Continuance of Trial by Regina Armstead, Michael Lewis, filed. Motion Docket Date 7/5/2023. (Attachments: # 1 Proposed Order)(Kizzia, D) (Entered: 06/13/2023)

RECAP
42 June 20, 2023

AGREED AMENDED SCHEDULING ORDER, granting 41 Joint MOTION for Continuance of Trial. Deft Expert Report due by 11/6/2023., Discovery due by 12/5/2023., Dispositive Motion Filing due by 12/12/2023., Joint Pretrial Order due by 5/20/2024., Non-Dispositive Motion Filing due by 3/18/2024., Pltf Expert Report due by 10/16/2023., Responses due by 1/5/2024., Final Pretrial Conference set for 7/1/2024 at 01:30 PM in Courtroom 9D before Judge Andrew S Hanen, Jury Trial set for 7/15/2024 at 09:00 PM in Courtroom 9D before Judge Andrew S Hanen)(Signed by Judge Andrew S Hanen) Parties notified.(JoanDavenport, 4) (Entered: 06/21/2023)

RECAP
43 July 24, 2023

Unopposed MOTION to Substitute Attorney D. Bradley Kizzia in place of Allie Van Stean by Regina Armstead, Michael Lewis, filed. Motion Docket Date 8/14/2023. (Attachments: # 1 Proposed Order)(Kizzia, D) (Entered: 07/24/2023)

RECAP
44 July 27, 2023

ORDER granting 43 Motion to Substitute Attorney. Allie Van Stean is terminated, D. Bradley Kizzia is added..(Signed by Judge Andrew S Hanen) Parties notified.(JoanDavenport, 4) (Entered: 07/27/2023)

RECAP
45 Aug. 31, 2023

Joint MOTION for Entry of Order re: Protective Order by Ryan Cantu, City of Rosenberg, John Clausen, John Delgado, Arthur Love, Adam Vasquez, filed. Motion Docket Date 9/21/2023. (Attachments: # 1 Exhibit A)(Lopez, Randy) (Entered: 08/31/2023)

RECAP
46 Sept. 5, 2023

AGREED PROTECTIVE ORDER granting 45 Joint MOTION for Entry of Order re: Protective Order (Signed by Judge Andrew S Hanen) Parties notified.(JoanDavenport, 4) (Entered: 09/08/2023)

RECAP
47 Oct. 11, 2023

Unopposed MOTION to Amend 42 Order,, by Regina Armstead, Michael Lewis, filed. Motion Docket Date 11/1/2023. (James, Keisha) (Entered: 10/11/2023)

RECAP
48 Oct. 12, 2023

ORDER granting 47 Motion to Amend..(Signed by Judge Andrew S Hanen) Parties notified.(JoanDavenport, 4) (Entered: 10/13/2023)

RECAP
49 Nov. 14, 2023

Opposed MOTION for Leave to File First Amended Complaint by Regina Armstead, Michael Lewis, filed. Motion Docket Date 12/5/2023. (Attachments: # 1 Exhibit Exhibit A (First Amended Complaint), # 2 Exhibit Exhibit B (Report for Incident 20-54239), # 3 Exhibit Exhibit C (Report for Incident 20-54240), # 4 Exhibit Exhibit D (Defendants' Initial Disclosures), # 5 Exhibit Exhibit E (Plaintiffs' Discovery Requests to City), # 6 Exhibit Exhibit F (Deposition of Chief Jonathan White), # 7 Exhibit Exhibit G (Deposition of Sergeant John Delgado), # 8 Exhibit Exhibit H (Deposition of Sergeant John Clausen), # 9 Proposed Order Proposed Order Granting Plaintiffs' Motion)(Machefsky, Eliana) (Entered: 11/14/2023)

RECAP
50 Nov. 20, 2023

MOTION for Sanctions by Regina Armstead, Michael Lewis, filed. Motion Docket Date 12/11/2023. (Attachments: # 1 Exhibit Exhibit A (Vasquez BWC) Cover Sheet, # 2 Exhibit Exhibit B (Audio Recording of Plaintiffs Call to RPD Dispatch) Cover Sheet, # 3 Exhibit Exhibit C (Emails re: M. Lewis Complaint), # 4 Exhibit Exhibit D (Clausen BWC) Cover Sheet, # 5 Exhibit Exhibit E (Report for Incident 20-54239), # 6 Exhibit Exhibit F (Delgado ROG Responses), # 7 Exhibit Exhibit G (Love ROG Responses), # 8 Exhibit Exhibit H (Ds' Responses to Ps' RFPs), # 9 Exhibit Exhibit I (Chief White Depo. Tr.), # 10 Exhibit Exhibit J (Clausen Depo. Tr.), # 11 Exhibit Exhibit K (Decl. of E. Machefsky), # 12 Exhibit Exhibit L (RPD BWC Policy Nov. 2020), # 13 Exhibit Exhibit M (Delgado Depo. Tr.), # 14 Proposed Order Proposed Order Granting Ps' Motion)(Machefsky, Eliana) (Entered: 11/20/2023)

RECAP
51 Dec. 5, 2023

RESPONSE to 49 Opposed MOTION for Leave to File First Amended Complaint, filed by Ryan Cantu, City of Rosenberg, John Clausen, John Delgado, Arthur Love, Adam Vasquez. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 5)(Giles, Norman) (Entered: 12/05/2023)

RECAP
52 Dec. 11, 2023

RESPONSE in Opposition to 50 MOTION for Sanctions, filed by Ryan Cantu, City of Rosenberg, John Clausen, John Delgado, Arthur Love, Rosenberg Police Department, Adam Vasquez. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5)(Giles, Norman) (Entered: 12/11/2023)

RECAP
53 Dec. 12, 2023

REPLY to 51 Response, Motion for Leave to File First Amended Complaint, filed by Regina Armstead, Michael Lewis. (Attachments: # 1 Exhibit A. Plaintiffs October 11, 2022 Request for Pretrial Conference, # 2 Exhibit B. Defendants October 17, 2022 Response to Request for Pretrial Conference, # 3 Exhibit C. Plaintiffs October 20, 2022 Reply to Request for Pretrial Conference)(James, Keisha) (Entered: 12/12/2023)

RECAP
54 Dec. 18, 2023

REPLY to 53 Reply, Defendants Sur-Reply to Plaintiffs Reply to Defendants Opposition to Plaintiffs Motion for Leave to File Amended Complaint Adding Matthew Newport, as a Defendant, filed by Ryan Cantu, City of Rosenberg, John Clausen, John Delgado, Arthur Love, Adam Vasquez. (Giles, Norman) (Entered: 12/18/2023)

RECAP
55 Dec. 18, 2023

REPLY in Support of 50 MOTION for Sanctions, filed by Regina Armstead, Michael Lewis. (Attachments: # 1 Exhibit Ex. A - Green v. Harris County, Pltfs' Motion for Sanctions, # 2 Exhibit Ex. B - Defendants' Expert Report)(Machefsky, Eliana) (Entered: 12/18/2023)

RECAP
56 Dec. 20, 2023

ORDER granting 49 Motion for Leave to File a First Amended Complaint; denying without prejudice to it being re-raised, 50 Motion for Sanctions.(Signed by Judge Andrew S Hanen) Parties notified.(JoanDavenport, 4) (Entered: 12/20/2023)

RECAP
57 Dec. 20, 2023

AMENDED COMPLAINT against Ryan Cantu, City of Rosenberg, John Clausen, John Delgado, Arthur Love, Rosenberg Police Department, Adam Vasquez, Matthew Newport filed by Regina Armstead, Michael Lewis.(JoanDavenport, 4) (Entered: 12/20/2023)

RECAP
58 Jan. 5, 2024

NOTICE of Appearance by William S. Helfand, Norman Ray Giles, Antonio "Tony" Ramirez, III on behalf of Matthew Newport, filed. (Ramirez, Antonio) (Entered: 01/05/2024)

RECAP
59 Jan. 10, 2024

Opposed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Matthew Newport, filed. Motion Docket Date 1/31/2024. (Attachments: # 1 Proposed Order)(Giles, Norman) (Entered: 01/10/2024)

RECAP
60 Jan. 10, 2024

ANSWER to 57 Amended Complaint/Counterclaim/Crossclaim etc. with Jury Demand by Ryan Cantu, City of Rosenberg, John Clausen, John Delgado, Arthur Love, Matthew Newport, Adam Vasquez, filed.(Giles, Norman) (Entered: 01/10/2024)

RECAP
61 Jan. 11, 2024

MOTION for Summary Judgment Defendants' Motion for Final Summary Judgment by City of Rosenberg, John Clausen, John Delgado, Arthur Love, Matthew Newport, Adam Vasquez, filed. Motion Docket Date 2/1/2024. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit)(Giles, Norman) (Entered: 01/11/2024)

RECAP
62 Jan. 17, 2024

STIPULATION of Dismissal Unopposed by Regina Armstead, Michael Lewis, filed.(Kizzia, D) (Entered: 01/17/2024)

RECAP
63 Jan. 17, 2024

WAIVER OF SERVICE Returned Executed as to Matthew Newport served on 1/2/2024, answer due 3/4/2024, filed.(Kizzia, D) (Entered: 01/17/2024)

RECAP
64 Jan. 19, 2024

ORDER OF DISMISSAL granting 62 Stipulation of Dismissal as to Ryan Cantu. (Signed by Judge Andrew S Hanen) Parties notified.(RhondaHawkins) (Entered: 01/22/2024)

RECAP
65 Jan. 31, 2024

Amended CERTIFICATE OF INTERESTED PARTIES by City of Rosenberg, John Clausen, John Delgado, Arthur Love, Matthew Newport, Adam Vasquez, filed.(Giles, Norman) (Entered: 01/31/2024)

RECAP
66 Jan. 31, 2024

RESPONSE in Opposition to 59 Opposed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Regina Armstead, Michael Lewis. (Machefsky, Eliana) (Entered: 01/31/2024)

RECAP
67 Feb. 5, 2024

Unopposed MOTION for Leave to File Excess Pages by Regina Armstead, Michael Lewis, filed. Motion Docket Date 2/26/2024. (Attachments: # 1 Proposed Order)(Machefsky, Eliana) (Entered: 02/05/2024)

RECAP
68 Feb. 5, 2024

RESPONSE in Opposition to 61 MOTION for Summary Judgment Defendants' Motion for Final Summary Judgment, filed by Regina Armstead, Michael Lewis. (Attachments: # 1 Exhibit Plaintiffs' Statement of Disputed Facts, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U, # 23 Exhibit V, # 24 Exhibit W)(James, Keisha) (Entered: 02/05/2024)

RECAP
69 Feb. 7, 2024

ORDER granting 67 Motion for Leave to File Excess Pages.(Signed by Judge Andrew S Hanen) Parties notified.(JoanDavenport, 4) (Entered: 02/08/2024)

RECAP
70 Feb. 8, 2024

REPLY to 66 Response in Opposition to Motion Defendant Officer Matthew Newports Reply to Plaintiffs Response to Officer Newports Motion to Dismiss, filed by Matthew Newport. (Giles, Norman) (Entered: 02/08/2024)

RECAP
71 Feb. 8, 2024

Unopposed MOTION for Leave to File Supplement Summary Judgment Evidence with Deposition Testimony by City of Rosenberg, John Clausen, John Delgado, Arthur Love, Matthew Newport, Adam Vasquez, filed. Motion Docket Date 2/29/2024. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Giles, Norman) (Entered: 02/08/2024)

RECAP
72 Feb. 12, 2024

ORDER granting 71 Motion for Leave to File supplemental summary judgment evidence.(Signed by Judge Andrew S Hanen) Parties notified.(JoanDavenport, 4) (Entered: 02/14/2024)

RECAP
73 Feb. 12, 2024

Supplemental EXHIBIT 16 re: 61 MOTION for Summary Judgment Defendants' Motion for Final Summary Judgment by City of Rosenberg, John Clausen, John Delgado, Arthur Love, Matthew Newport, Adam Vasquez, filed.(JoanDavenport, 4) (Entered: 02/14/2024)

RECAP
74 Feb. 15, 2024

MOTION to Exclude Defendant's Opposed Objections and Motion to Exclude, or Alternatively Limit, Testimony of Brian L. Landers by City of Rosenberg, John Clausen, John Delgado, Arthur Love, Matthew Newport, Adam Vasquez, filed. Motion Docket Date 3/7/2024. (Attachments: # 1 Proposed Order)(Giles, Norman) (Entered: 02/15/2024)

RECAP
75 Feb. 15, 2024

Opposed OBJECTIONS Defendants' Opposed Objections to Plaintiffs' Summary Judgment Exhibits, filed by City of Rosenberg, John Clausen, John Delgado, Arthur Love, Matthew Newport, Adam Vasquez. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Proposed Order)(Giles, Norman) (Entered: 02/15/2024)

RECAP
76 Feb. 15, 2024

REPLY to Response to 61 MOTION for Summary Judgment Defendants' Motion for Final Summary Judgment, filed by City of Rosenberg, John Clausen, John Delgado, Arthur Love, Matthew Newport, Adam Vasquez. (Giles, Norman) (Entered: 02/15/2024)

RECAP
77 Feb. 29, 2024

RESPONSE in Opposition to 74 MOTION to Exclude Defendant's Opposed Objections and Motion to Exclude, or Alternatively Limit, Testimony of Brian L. Landers, filed by Regina Armstead, Michael Lewis. (Attachments: # 1 Proposed Order)(James, Keisha) (Entered: 02/29/2024)

RECAP
78 Feb. 29, 2024

RESPONSE to 75 Objections, Defendants' Opposed Objections to Plaintiffs' Summary Judgment Exhibits, filed by Regina Armstead, Michael Lewis. (Attachments: # 1 Proposed Order)(James, Keisha) (Entered: 02/29/2024)

RECAP
79 March 11, 2024

REPLY Defendant's Reply in Support of Defendants' Objections to Plaintiffs' Summary Judgment Exhibits, filed by City of Rosenberg, John Clausen, John Delgado, Arthur Love, Matthew Newport, Adam Vasquez. (Giles, Norman) (Entered: 03/11/2024)

RECAP
80 March 11, 2024

REPLY to Response to 74 MOTION to Exclude Defendant's Opposed Objections and Motion to Exclude, or Alternatively Limit, Testimony of Brian L. Landers, filed by City of Rosenberg, John Clausen, John Delgado, Arthur Love, Matthew Newport, Adam Vasquez. (Giles, Norman) (Entered: 03/11/2024)

RECAP
83 March 14, 2024

ORDER granting 82 Motion to Withdraw; withdrawing doc 3's 81 and 81-1 from the public record..(Signed by Judge Andrew S Hanen) Parties notified. (jld4) (Entered: 03/22/2024)

RECAP
81 March 18, 2024

Opposed MOTION to Exclude Testimony of Alexandria Doyle by City of Rosenberg, John Clausen, John Delgado, Arthur Love, Matthew Newport, Adam Vasquez, filed. Motion Docket Date 4/8/2024. (Attachments: # 1 Exhibit 1, # 2 Proposed Order) (Giles, Norman) (Entered: 03/18/2024)

RECAP
82 March 20, 2024

MOTION to Withdraw 81 Opposed MOTION to Exclude Testimony of Alexandria Doyle by City of Rosenberg, John Clausen, John Delgado, Arthur Love, Matthew Newport, Adam Vasquez, filed. Motion Docket Date 4/10/2024. (Attachments: # 1 Proposed Order) (Giles, Norman) (Entered: 03/20/2024)

RECAP
84 March 22, 2024

SEALED MOTION Defendants' Opposed Motion to Exclude, or Alternatively Limit, Testimony of Alexandria Doyle by City of Rosenberg, filed. (Giles, Norman) (Entered: 03/22/2024)

RECAP
85 March 22, 2024

SEALED EXHIBITS Exhibit 1 re: 84 SEALED MOTION Defendants' Opposed Motion to Exclude, or Alternatively Limit, Testimony of Alexandria Doyle by City of Rosenberg, filed. (Giles, Norman) (Entered: 03/22/2024)

RECAP
86 April 1, 2024

SEALED RESPONSE re: 84 SEALED MOTION Defendants' Opposed Motion to Exclude, or Alternatively Limit, Testimony of Alexandria Doyle by Regina Armstead, Michael Lewis, filed. (James, Keisha) (Entered: 04/01/2024)

RECAP
87 April 1, 2024

SEALED EXHIBITS Exhibit 1 Expert Report of Alexandria H. Doyle re: 86 Sealed Response by Regina Armstead, Michael Lewis, filed. (James, Keisha) (Entered: 04/01/2024)

RECAP
88 May 12, 2024

Joint MOTION for Extension of Time for pretrial filings by John Clausen, John Delgado, Arthur Love, Matthew Newport, Adam Vasquez, filed. Motion Docket Date 6/3/2024. (Attachments: # 1 Proposed Order) (Giles, Norman) (Entered: 05/12/2024)

RECAP
89 May 15, 2024

ORDER REFERRING CASE to Magistrate Judge Richard W Bennett for all pretrial matters to include the issuance of a Memorandum and Recommendation on any dispositive motion.(Signed by Judge Andrew S Hanen) Parties notified. (jld4) (Entered: 05/16/2024)

RECAP
90 May 15, 2024

ORDER granting 88 Joint MOTION for Extension of Time for pretrial filings..(Signed by Judge Andrew S Hanen) Parties notified. (jld4) (Entered: 05/16/2024)

RECAP
91 June 21, 2024

ORDER: On May 15, 2024, this case was referred to the Undersigned for all purposes pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Federal Rule of Civil Procedure 72. (ECF No. 89). Pending before the Court are multiple dispositive and nondispositive motions. (ECF Nos. 59, 61, 74, 81, 84). It is ORDERED that all upcoming pretrial/trial deadlines are vacated pending the resolution of the various motions. Upon resolution, if necessary, the Court will issue new deadlines. (Signed by Magistrate Judge Richard W Bennett) Parties notified. (svj4) (Entered: 06/21/2024)

RECAP
June 21, 2024

Terminate Deadlines (PUBLIC ENTRY)

June 21, 2024

Final Pretrial Conference and Jury Trial are terminated, per Order 91 . (svj4)

92 Aug. 8, 2024

MEMORANDUM AND RECOMMENDATIONS re 61 Motion for Summary Judgment Defendants' Motion for Final Summary Judgment, 74 Motion to Exclude Defendant's Opposed Objections and Motion to Exclude, or Alternatively Limit, Testimony of Bria n L. Landers, AND 84 Sealed Motion Defendants' Opposed Motion to Exclude, or Alternatively Limit, Testimony of Alexandria Doyle. Objections to M&R due by 8/22/2024. (Signed by Magistrate Judge Richard W Bennett) Parties notified. (rrc3)

RECAP
93 Aug. 8, 2024

MEMORANDUM AND RECOMMENDATIONS re 59 Newport's Motion to Dismiss . Objections to M&R due by 8/22/2024. (Signed by Magistrate Judge Richard W Bennett) Parties notified. (rrc3)

RECAP
94 Aug. 22, 2024

OBJECTIONS to 92 Memorandum and Recommendations, filed by Regina Armstead, Michael Lewis. (Attachments: # 1 Exhibit (Corrected Clausen Transcript Excerpt), # 2 Exhibit (Corrected Vasquez Transcript Excerpt)) (James, Keisha) (Entered: 08/22/2024)

RECAP
95 Aug. 22, 2024

OBJECTIONS to 92 Memorandum and Recommendations, filed by City of Rosenberg, John Clausen, John Delgado, Arthur Love, Matthew Newport, Rosenberg Police Department, Adam Vasquez. (Attachments: # 1 Proposed Order) (Giles, Norman) (Entered: 08/22/2024)

RECAP
96 Sept. 30, 2024

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 59 Opposed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 93 Memorandum and Recommendations (Signed by Judge Andrew S Hanen) Parties notified. (rsh4) (Entered: 09/30/2024)

RECAP

Case Details

State / Territory:

Texas

Case Type(s):

Policing

Disability Rights

Key Dates

Filing Date: Aug. 4, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A 67-year-old African American man and a 57-year-old African American woman, both of whom reside in Rosenberg, Texas.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City

City of Rosenberg

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Constitutional Clause(s):

Unreasonable search and seizure

Other Dockets:

Southern District of Texas 4:22-cv-02593

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Search policies

Transportation

Disability and Disability Rights:

Reasonable Accommodations

Reasonable Modifications

Discrimination Basis:

Disability (inc. reasonable accommodations)

Policing:

Excessive force

False arrest

Traffic Stops

Recommended Citation