Deshawn E. Henderson v. Maurice C. Cook, et al.

CourtDistrict Court, W.D. Texas
DecidedFebruary 5, 2026
Docket1:25-cv-00815
StatusUnknown

This text of Deshawn E. Henderson v. Maurice C. Cook, et al. (Deshawn E. Henderson v. Maurice C. Cook, et al.) is published on Counsel Stack Legal Research, covering District Court, W.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Deshawn E. Henderson v. Maurice C. Cook, et al., (W.D. Tex. 2026).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION DESHAWN E. HENDERSON #0251603, Plaintiff, -vs- Case No. A-25-CV-00815-ADA MAURICE C. COOK, et al., Defendants. __________________________________________ ORDER Before the Court are Plaintiff’s civil-rights complaint (ECF #1) and more definite statement (ECF #19). The Court granted Plaintiff leave to proceed in forma pauperis. For the reasons discussed below, the Court dismisses Plaintiff’s complaint. STATEMENT OF THE CASE At the time he filed his complaint, Plaintiff was incarcerated in the Bastrop County Jail. Public records indicate he was charged in Bastrop County in Cause No. 18,908 with unlawful possession of a firearm by felon-enhanced committed on August 9, 2024; Cause No. 59,905 with failure to identify-fugitive committed on August 9, 2024; and Cause No. 59,906 with criminal mischief in an amount greater than or equal to $100 but less that $750 committed on August 9, 2024. After pleading guilty to possession of a firearm-enhanced on June 25, 2025, the court sentenced

Plaintiff to seven years in prison. Cause Nos. 59,905 and 59,906 were unadjudicated per 12.45 of the Texas Code of Criminal Procedure because of his conviction in Cause No. 18,908. He was subsequently transferred to the Texas Department of Criminal Justice - Correctional Institutions Division. Plaintiff sues Bastrop County Sheriff Maurice Cook, Sgt. Bates, Dr. Valerie Wolfe Mahfood, Attorney Chris M. Dillon, Judge John Winklemann, Cpl. Chrisner, Jailer Burton, Jailer Spurlock, Former Jailer Smith, Cpl. Foradory, Sgt. Horsley, Jailer O’Grady, Transport Officer King, Transport Officer Sanchez, Jailer Tidwell, Bastrop County Sheriff’s Office Medical Staff, Lt. Gomez, Jailer

Tracy Griffith, and Judge Christopher Duggan. He requests $1,110,000 in damages, the dismissal of his then pending charges, and that the officers be sanctioned. According to Plaintiff, he filed a report under the Prison Rape Elimination Act of 2003 (“PREA”), 42 U.S.C. § 15601 et seq., because former Jailer Smith allegedly told Plaintiff to “eat his ass.” Plaintiff alleges the incident happened between 11:20 and 11:28 a.m. on November 27, 2024. Plaintiff states he filed the PREA report on a kiosk that day at 11:32 a.m. He states he subsequently reported the statement to Foradory. Plaintiff complains Foradory failed to follow PREA procedures,

which allegedly required Foradory to relieve Smith of his duty on the floor. Plaintiff claims Spurlock, Smith, Burton, and Foradory retaliated against him by writing a fake disciplinary case, claiming Plaintiff cussed out and disrespected Smith at 11:00 a.m. Plaintiff argues he was not awake until 11:15 a.m. and could not have argued with Smith at 11:00 a.m. Plaintiff contends these individuals violated PREA and his equal protection rights. Plaintiff asserts on November 27, 2024, he wrote a ticket to medical about his PREA case, but medical failed to write up the incident per PREA guidelines. The medical staff allegedly changed the request from a medical request to a general request and forwarded it to Horsley.

Plaintiff states Horsley changed the request to a PREA report and forwarded the ticket to Bates. Plaintiff contends this proves a conspiracy to deprive him of equal protection of the law. He also claims his right to due process was violated. -2- Plaintiff asserts Bates failed to investigate the PREA incident. He argues Bates mishandled the investigation because he never talked to Plaintiff about it before concluding the comment made by Smith was not sexual harassment. The medical staff, Horsley, Chrisner, Bates, Spurlock, Burton, Griffith, Foradory, Gomez, and O’Grady also allegedly failed to write up the PREA case.

According to Plaintiff, he wrote Dr. Mahfood and informed her the PREA case was mishandled by Bates. He further informed her that the Bastrop County Sheriff’s Office was not in PREA compliance. Plaintiff believes Mahfood is included in the conspiracy. Plaintiff further alleges he was punished with “2-30 day cases so 60 days total in 23 hour lockdown” for his disciplinary cases. He believes this violated his rights. On December 3, 2024, he complained that the “PREA incident” was not handled properly. Plaintiff asserts Griffith assigned the task to Gomez but Chrisner responded instead. Plaintiff

complains the complaint should have been answered by a higher ranking official. He further complains Chrisner did not forward the complaint to Grievance Officer Peggy O’Grady. Plaintiff further complains O’Grady mishandles grievances, failed to provide him copies of his grievances, and failed to report the PREA incident. Plaintiff holds Sheriff Maurice Cook responsible in his supervisory capacity. Unrelated to his PREA claims, Plaintiff asserts he tried to fire his criminal defense attorney, Chris Dillon, on April 2, 2025. According to Plaintiff, Judge Winklemann told Plaintiff to write his court with his case number and a motion to dismiss appointed counsel. Plaintiff asserts he mailed

the motion on April 2, 2025. Plaintiff complains both Judge Winklemann and Judge John Duggan knew he filed a motion to dismiss appointed counsel, yet they had not taken any action as of the time

-3- he filed his complaint in this Court. He believes the attorney and the judges are part of a conspiracy to violate his constitutional rights. After consideration of Plaintiff’s complaint, the Court ordered Plaintiff to file a more definite statement specifying what each defendant did to violate Plaintiff’s constitutional rights. Plaintiff

alleges Sheriff Cook “is aware of the negligence and conspires against all the inmates. He know[s] the Bastrop County Jail Inmate Handbook is out of date without of date PREA material.” Plaintiff further claims Sheriff Cook “uses Bastrop County Sheriff’s Office as a[n] obviously corrupted instrument for the State of Texas, in United States judicial system.” Plaintiff claims he suffered a deprivation of his PREA rights, was sexually harassed, and retaliated against. Plaintiff repeats his claims that other defendants violated his rights to due process and equal protection and under PREA. He complains Bates closed the PREA complaint without talking to

Plaintiff and found the comment to “eat his ass” was not sexual harassment. He complains Dr. Mahfood “passed” the jail when it was not in PREA compliance. He complains Burton, Spurlock, Smith, and Foradory retaliated against him by filing disciplinary case number 24-2314 because Plaintiff filed a PREA complaint. He complains he had a disciplinary hearing scheduled for April 18, 2025, but after he told Bastrop County officials he was going to sue them on April 6, 2025, his hearing got moved up to April 7, 2025, and King, Sanchez, Tidwell, and Griffith “sentenced [him] to 2 mon[ths] confinement.” Plaintiff contends his attorney failed to properly represent him in Cause No. 18,908 and

Judge Winklemann sentenced Plaintiff to seven years in prison after he knew Plaintiff added him to his civil rights complaint. Plaintiff asserts he suffered a decline in his mental state.

-4- DISCUSSION AND ANALYSIS 1. Legal Standard When an inmate seeks redress from an officer or employee of a governmental entity, his complaint is subject to preliminary screening pursuant to 28 U.S.C. § 1915A. See Martin v. Scott,

156 F.3d 578, 579–80 (5th Cir. 1998) (per curiam). If a plaintiff is proceeding IFP, his complaint is also subject to screening under § 1915(e)(2).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Martin v. Scott
156 F.3d 578 (Fifth Circuit, 1998)
Harris v. Hegmann
198 F.3d 153 (Fifth Circuit, 1999)
Allen v. Thomas
388 F.3d 147 (Fifth Circuit, 2004)
Geiger v. Jowers
404 F.3d 371 (Fifth Circuit, 2005)
Plotkin v. IP Axess Inc.
407 F.3d 690 (Fifth Circuit, 2005)
Morris v. Powell
449 F.3d 682 (Fifth Circuit, 2006)
Bush v. Strain
513 F.3d 492 (Fifth Circuit, 2008)
Samford v. Dretke
562 F.3d 674 (Fifth Circuit, 2009)
Davis v. Tarrant County, Tex.
565 F.3d 214 (Fifth Circuit, 2009)
Monroe v. Pape
365 U.S. 167 (Supreme Court, 1961)
Preiser v. Rodriguez
411 U.S. 475 (Supreme Court, 1973)
Monell v. New York City Dept. of Social Servs.
436 U.S. 658 (Supreme Court, 1978)
Dennis v. Sparks
449 U.S. 24 (Supreme Court, 1980)
Mireles v. Waco
502 U.S. 9 (Supreme Court, 1991)
Albright v. Oliver
510 U.S. 266 (Supreme Court, 1994)
Heck v. Humphrey
512 U.S. 477 (Supreme Court, 1994)
Edwards v. Balisok
520 U.S. 641 (Supreme Court, 1997)
Erickson v. Pardus
551 U.S. 89 (Supreme Court, 2007)
Bell Atlantic Corp. v. Twombly
550 U.S. 544 (Supreme Court, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
Deshawn E. Henderson v. Maurice C. Cook, et al., Counsel Stack Legal Research, https://law.counselstack.com/opinion/deshawn-e-henderson-v-maurice-c-cook-et-al-txwd-2026.