Ruth Bauer v. The State of Texas, the Presiding Judge of Probate Court Number 3 of Harris County, Texas

GARWOOD, Circuit Judge:

Plaintiff Ruth Bauer (Bauer) appeals the district court’s dismissal pursuant to Fed R. Crv. P. 12(b)(6) of her complaint against “the Presiding Judge of Probate Court No. 3 of Harris County, Texas,” Judge Rory Olsen, “in his official capacity only”, seeking a declaratory judgment under 42 U.S.C. § 1983 “that Section 875 of the Texas Probate Code is unconstitutional.” We affirm.

Factual and Procedural Background

Bauer, the beneficiary of an approximately half-billion dollar trust, has been the subject of four guardianship proceedings before Judge Rory Olsen (Olsen), the…