Legal Opinion

Carr v. Montgomery County

District Court, S.D. Texas

Decided October 6, 2014No. Civil Action No. H-13-2795Published

1Opinion of the Court

Memorandum Opinion & Order

GRAY H. MILLER, District Judge.

Pending before the court is defendants’ motion to dismiss (Dkt. 19). Having considered the motion, response, reply, and all applicable law, defendants’ motion to dismiss (Dkt. 19) is GRANTED IN PART and DENIED IN PART.

I. Background

Plaintiff Perla Carr’s home was the subject of a narcotics search by Montgomery County Precinct 4 Constable’s Office on September 22, 2011. Dkt. 15-2 at 3. According to plaintiff, officers forced their way into the home without a warrant nor justification for a warrantless search of her home. Id. A laser sight…

2Cases cited41 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  4. Brady v. MarylandSupreme Court of the United States · 1963
  5. Graham v. ConnorSupreme Court of the United States · 1989

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