Lewis v. Gonzalez

Opinion

IN THE UNITED STATES DISTRICT COURT September 24, 2020 FOR THE SOUTHERN DISTRICT OF TEXAS David J. Bradley, Clerk HOUSTON DIVISION

CEDRIC B. LEWIS, § § Plaintiff, § § v. § CIVIL ACTION NO. H-19-554 § ED GONZALEZ, et al., § § Defendants. §

MEMORANDUM AND ORDER

Cedric B. Lewis is a former inmate in the Harris County Jail. He filed a complaint under 42 U.S.C. § 1983 alleging violations of his civil rights. Lewis sued Harris County Sheriff Ed Gonzalez, Harris County District Attorney Kim Ogg, and the Harris County Sheriff’s Office. The court previously dismissed Lewis’s claims against the Harris County Sheriff’s Office, (Docket Entry No. 15). The remaining defendants filed a motion to dismiss, (Docket Entry No. 19). Lewis did not respond to the motion. A. The Applicable Legal Standard In reviewing a motion to dismiss under Rule 12(b)(6), the complaint must be liberally construed in favor of the plaintiff, and all facts pleaded in the complaint must be taken as true. Campbell v. Wells Fargo Bank, 781 F.2d 440, 442 (5th Cir.1986). B. Mootness The defendants state that Lewis is no longer in jail and attach to their motion a copy of a judgment of deferred adjudication showing that Lewis pleaded guilty to the charge on which he was being held. The court can take judicial notice of this fact. See Fed. R. Evid, 201. “Under Article III of the Constitution this Court may only adjudicate actual, ongoing controversies.” Honig v. Doe, 484 U.S. 305, 317 (1988). “Mootness has two aspects: ‘when the issues presented are no longer “live” or the parties lack a legally cognizable interest in the outcome.”’ United States Parole Comm’n vy. Geraghty, 445 U.S. 388, 396 (1980) (quoting Powell vy. McCormack, 395 U.S. 486, 496(1969)). “If a dispute has been resolved or if it has evanesced because of changed circumstances, including the passage of time, it is considered moot. With the designation of mootness comes the concomitant designation of non-justiciability.” American Med. Ass’n v. Bowen, 857 F.2d 267, 270 (Sth Cir. 1988) (citations omitted). Because Lewis is no longer detained, his complaint about Harris County bail practices no longer presents a live controversy and the Complaint is moot. C. Order The motion to dismiss, (Docket Entry No. 19), is granted and the Complaint, (Docket Entry No. 1), is dismissed. SIGNED on September 24, 2020, at Houston, Texas.

Lee H. Rosenthal Chief United States District Judge