Christopher Brandt Secures Take Nothing Judgment in Civil Rights Defense Case

Alleged Fourth and Fourteenth Amendment Violations During the Arrest and Detainment in County Jail

Plaintiff alleged that he had been under surveillance by a federal task force and was pursued by law enforcement when he fled in a vehicle at high speed and was involved in a wreck in which he sustained a shoulder injury. During his arrest, a North Texas County Sheriff’s Deputy handcuffed Plaintiff and Plaintiff alleged he felt a sharp pain in his injured shoulder. The handcuffing and the action of the deputy pulling Plaintiff off the ground allegedly resulted in the Plaintiff’s right rotator cuff to be severed and searing pain as well as a golf-ball sized knot on Plaintiff’s center spine and a cut on the forehead.

Plaintiff alleged that the deputy told the book-in officer that Plaintiff had not been in a motor vehicle accident. Plaintiff allegedly continued to complain about severe shoulder pain each time he spoke to a nurse during the book-in process. Plaintiff spoke to a nurse a couple of days later and again complained of extreme pain in his shoulder. Allegedly, the nurse replied “[the deputy] said you weren’t in a wreck, I hate it when they lie like that,” and refused to help the Plaintiff.

While in the County jail, Plaintiff was seen by a physician assistant, who allegedly did not establish a diagnosis and delayed medical attention for him. When Plaintiff was finally seen at a medical center, his MRI showed that Plaintiff had a partial tear in tendons in his right shoulder. About three weeks later, Plaintiff was seen by a doctor who recommended two months of physical therapy to increase range of motion and a scheduling for surgery in January 2022 to be followed by one year of rehabilitation. The Plaintiff alleged that the Sheriff failed to authorize funding from an outside medical specialty clinic fund from the County Commissioners Court. Plaintiff eventually had right-rotator-cuff debridement surgery at the University of Texas Medical Branch Hospital in Galveston. Plaintiff filed a complaint with the sheriff’s office against the deputy. The Chief Deputy conducted an investigation and found that there were no violations.

Qualified Immunity For the Individual County Defendants & No County Liability

After the Plaintiff’s fourth amended complaint, the Court determined that the Defendants’ motion to dismiss should be granted. The Court found that Plaintiff’s complaint did not set forth any substantial facts to state a claim for relief. Additionally, the individual Defendants were entitled to qualified immunity.

The Court determined that there was no claim against the County, the Sheriff, the Chief Deputy and the arresting Deputy. Further, the Court declined to exercise jurisdiction over the alleged pendent state-law claims. The court also issued a strike against the plaintiff to discourage further frivolous misuse of judicial resources.