Maria Pena v. City of Rio Grande City, Texa

879 F.3d 613
CourtCourt of Appeals for the Fifth Circuit
DecidedJanuary 12, 2018
Docket16-41522
StatusPublished
Cited by396 cases

This text of 879 F.3d 613 (Maria Pena v. City of Rio Grande City, Texa) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Maria Pena v. City of Rio Grande City, Texa, 879 F.3d 613 (5th Cir. 2018).

Opinion

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 claims against the officers, we vacate and remand for the court to consider whether Peña’s pleadings survive the officers’ defense of qualified immunity (“QI”). We affirm in part, vacate in part, and remand.

I.

Peña sued the city, Lieutenant Jose Solis, and Officer Rosa Salinas after Peña was seized by Salinas with a taser. The circumstances surrounding the incident are disputed, but it appears that the police intervened after observing an altercation between Peña and her father near their family car. Officer Humberto Vela, the first to intercede, attempted to extract Peña from the back seat. Peña fled, and Salinas pursued on foot. At Solis’s order, Salinas fired her taser at Peña, and the barbs attached to Peña’s back and scalp. She fell to the ground with injuries to her face and teeth.

Peña initially sued the city, alleging negligence under the TTCA, then added § 1983 excessive-force claims against the city, Salinas, and Solis. The city moved for judgment on the pleadings, and the officers moved to dismiss for failure to state a claim and raised the defense of QI. Upon removal to federal court, Peña twice sought leave to amend her state-court complaint, presumably to satisfy the federal pleading standard. Both motions referenced her proposed amended complaint, but an exhibit of the complaint was attached only to her initial motion. The district court looked only to Peña’s second motion to amend and found that allowing the remaining amendments proposed in that motion would be futile. The court dismissed the claims against the officers without reaching the QI defense, and it entered judgment on the pleadings for the city.

II.

Peña asserts the district court erred in evaluating her complaint under the federal “plausibility” standard instead of Texas’s more lenient “fair notice” standard. She maintains that Federal Rule of Civil Procedure 8 does not apply to filings before removal. 2 This court has yet to address that question squarely, but our closest precedent and considerations of practicality weigh heavily against Peña’s position.

A removed action does not heed to be repleaded “unless the court orders it.” Fed. R. Civ. P. 81(c)(2). In a removed case, plaintiffs can rely on the state pleadings, whatever the state pleading standard, absent a challenge to their validity. See White v. State Farm Mut. Auto. Ins. Co., 479 Fed.Appx. 556, 561 (5th Cir. 2012) (per curiam). Where, as here, the defendants challenge the pleadings, we conclude, as we will explain, that the federal pleading standard applies.

In International Energy Ventures Management, L.L.C. v. United Energy Group, Ltd., 818 F.3d 193, 199 (5th Cir. 2016), this court’s diversity jurisdiction depended on whether a non-diverse defendant was properly joined before removal. To answer that question, we first had to determine whether the plaintiffs had stated a claim against the non-diverse defendant in their state-court pleadings. Id. We concluded that the pleadings must be reviewed under the federal pleading standard because the question of improper joinder “[a]t bottom ... is solely about determining the federal court’s jurisdiction.” Id. at 202. 3 Peña asks that we distinguish International Energy on the ground that its reasoning was anchored in the underlying jurisdictional question. But there is no valid reason to cabin our decision in that way. Applying contextually dependent pleading standards to removed cases would bring more confusion than clarity, especially in areas of federal law with specialized pleading standards, intertwined with the QI defense. Cf. Anderson v. Valdez, 845 F.3d 580, 589-90 (5th Cir. 2016). Upon removal, the federal pleading standards control.

Peña complains this will unfairly prejudice plaintiffs, but our liberal amendment rules prove to the contrary. After the 21-day period in which pleadings may be amended “as a matter of course,” “[t]he court should freely give leave [to amend] when justice so requires.” Fed. R. Civ. P. 15(a)(l)-(2). Removal from a notice-pleading jurisdiction is a natural time at which justice would call for the court to permit such an amendment. See Faulkner v. ADT Sec. Servs., Inc., 706 F.3d 1017, 1021 (9th Cir. 2013).

The district court should not have denied Peña leave to amend to conform to the federal standard. This circuit does not require a complicated motion to amend, but only that “the party requesting amendment” “set forth with particularity the grounds for the amendment and the relief sought.” 4 The failure to attach a copy of the proposed complaint is not,' on its own, fatal to a motion to amend. Zaidi v. Ehrlich, 732 F.2d 1218, 1220 (5th Cir. 1984); Davis v. United States, 961 F.2d 53, 57 (5th Cir. 1991). Though Peña failed to attach the amended complaint to her second motion, she pointed out, in both motions, that the case had been removed. Additionally, the proposed complaint was her first pleading in federal • court upon removal. That is sufficient particularity to permit amendment, and the district court thus abused its discretion 5 in penalizing Peña for her clerical-error.

Nonetheless, the failure of the district court to review the proposed complaint does not, on its own, compel remand. “[W]here the district court’s denial of leave to amend was based solely on futility, this court applies a de novo standard of review ‘identical, in practice, to the standard used for reviewing a dismissal under Rule 12(b)(6).’” 6 Under that standard, we must evaluate the sufficiency of the proposed complaint and decide which, if any, of Peña’s claims survive the pleadings.

III.

Peña- can assert her claims only to the extent they pass the plausible-pleading test of Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). 7 “To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’ ” Id. (quoting Bell Atl. Corp. v.

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Bluebook (online)
879 F.3d 613, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maria-pena-v-city-of-rio-grande-city-texa-ca5-2018.