Legal Opinion
Gonzales v. Nueces County
District Court, S.D. Texas
Decided January 4, 2017No. CIVIL ACTION NO. 2:16-CV-153PublishedCited by 2 opinions
1Opinion of the Court
ORDER ON MOTION TO DISMISS
NELVA GONZALES RAMOS, UNITED STATES DISTRICT JUDGE
Plaintiff Danny Gonzales (Gonzales) filed this action against Defendant Nueces County, Texas, and six of its law enforcement officers,1 for use of excessive force under 42 U.S.C. § 1983 and assault and battery under Texas law. Before the Court is Defendants’ Joint Rule 12(b)(6) Motion to Dismiss (D.E. 19), based on limitations, the failure to adequately plead municipal liability, and the inapplicability of vicarious liability and respondeat superior theories of liability. After reviewing Plaintiffs First Amended…
2Cases cited10 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Jones v. BockSupreme Court of the United States · 2007
- Papasan v. AllainSupreme Court of the United States · 1986
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3Cited by2 opinions
- Sanchez v. GomezDistrict Court, W.D. Texas · 2017
- Eckert v. Corpus ChristiDistrict Court, S.D. Texas · 2020