Maria Pena v. City of Rio Grande City, Texa

JERRY E. SMITH, Circuit Judge:

Maria Peña sustained injuries as a result of a tasing by police officers for the City of Rio Grande City. Peña sued the city and two of the officers in state court, alleging excessive force under 42 U.S.C. § 1983 and negligence under the Texas Tort Claims Act (“TTCA”). 1 Upon removal, the district court denied Peña’s motion for leave to amend, dismissed her claims against the officers, and entered judgment on the pleadings for the city. Because the district court erred in disregarding Peña’s proposed amended complaint, and because that complaint stated plausible…