Paldo v. Brerenton

CourtDistrict Court, S.D. Texas
DecidedOctober 3, 2025
Docket4:25-cv-03596
StatusUnknown

This text of Paldo v. Brerenton (Paldo v. Brerenton) is published on Counsel Stack Legal Research, covering District Court, S.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Paldo v. Brerenton, (S.D. Tex. 2025).

Opinion

Southern District of Texas ENTERED IN THE UNITED STATES DISTRICT COURT October 05, 2025 FOR THE SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk HOUSTON DIVISION CARLTON PALDO, JR., § Plaintiff, v. Civil Action No. H-25-3596 ALAN BRERENTON, et. al., Defendants. ORDER Pending before the Court are Motion to Dismiss of Defendant, Bryan Police Department (Document No. 11); Brazos County Sheriff’s Office 12(b)(6) Motion to Dismiss Plaintiff’s Amended Complaint (Document No. 13); and Defendant Alan □

Brereton, Incorrectly Sued as “Labette County District Attorney,” and Labette County Attorney’s Office’s Rule 12(b)(2) or, in the Alternative, Rule 12(b)(6) Motions to Dismiss Plaintiff's Amended Complaint (Document No. 15). Having considered the Defendants’ motions, submissions, and applicable law, the Court determines that each motion should be granted.

I. BACKGROUND .

This is a matter involving alleged violations of the United States Constitution. On April 7, 2024, Plaintiff Carlton Paldo, Jr. was arrested in Bryan, Texas, pursuant to charges filed against him in Labette County, Kansas, for aggravated kidnapping, aggravated domestic battery, and criminal possession of a weapon. On April 19,

2024, Plaintiff signed a waiver of extradition. On May 22, 2024, Plaintiff was extradited to Labette County, Kansas. Plaintiff alleges that Defendants caused him financial and emotional harm by failing to release him within 30 days in accordance “standard extradition rules.”! A review of the record in this matter reveals that all of the charges against Plaintiff were ultimately dismissed by the Labette County District Attorney’s Office. Based on the foregoing, on August 4, 2025, Plaintiff filed suit in this Court pursuant to federal question jurisdiction asserting claims for: (1) violations of the Fourth Amendment, (2) malicious prosecution, (3) due process violations, (4) emotional distress, and (5) financial loss. On August 7, 2025, Plaintiff amended his complaint asserting the same claims against the Brazos County Sheriffs Department (“BCSD”). On August 25, 2025, Defendant Bryan Police Department (“BPD”) filed

a motion to dismiss for failure to state a claim upon which relief can be granted and for lack of subject matter jurisdiction. On August 29, 2025, Defendant BCSD filed

a motion to dismiss for failure to state a claim upon which relief can be granted. On September 10, 2025, Defendant Deputy County Attorney Alan Brerenton (“Brerenton”) filed a motion to dismiss for failure to state a claim upon which relief

' Amended Complaint, Document No. 5 at 8. 2 [Insert FN for Initial Complaint]

can be granted and for lack of personal jurisdiction. 3 Plaintiff has not responded to any of Defendants’ motions to dismiss either by the date required under the Federal Rules of Civil Procedure or by the date of this Order. Ul. STANDARD OF REVIEW Rule 12(b)(6) allows dismissal if a plaintiff fails “to state a claim upon which relief can be granted.” Fed. R. Civ. P. 12(b)(6). Under Rule 8(a)(2), a pleading must contain “a short and plain statement of the claim showing that the pleader.is entitled to relief.” Fed. R. Civ. P. 8(a)(2). Although “the pleading standard Rule 8 announces does not require ‘detailed factual allegations,’ ... it demands more than .. . ‘labels and conclusions.’” Ashcroft v. Igbal, 556 U.S. 662, 678 (2009) (quoting Bell Ail.

Corp. v. Twombly, 550 U.S. 544, 555 (2007)). “[A] formulaic recitation of the elements of a cause of action will not do.” Jd. (quoting Twombly, 550 U.S. at 555). In deciding a Rule 12(b)(6) motion to dismiss for failure to state a claim, “[t]he ‘court accepts all well-pleaded facts as true, viewing them in the light most favorable to the plaintiff.’” In re Katrina Canal Breeches Litig., 495 F.3d 191, 205 (Sth Cir. 2007) (quoting Martin K. Eby Constr. Co. v. Dall. Area Rapid Transit, 369 F.3d 464, 467 (Sth Cir. 2004)). To survive the motion, a plaintiff must plead “enough facts to state a claim to relief that is plausible on its face.” Twombly, 550 U.S. at 570.

3 The Court notes that Alan Brereton is a Deputy County Attorney of the Labette County Attorney’s Office, not the District Attorney of Labette County.

“Conversely, ‘when the allegations in a complaint, however true, could not raise a claim of entitlement to relief, this basic deficiency should . . . be exposed at the point minimum expenditure of time and money by the parties and the court.’” Cuvillier

v. Taylor, 503 F.3d 397, 401 (Sth Cir. 2007) (quoting Twombly, 550 USS. at 558). Il. LAW & ANALYSIS Brerenton, BPD, BCSD, and the Labette County District Attorney all move to dismiss Plaintiffs claims, contending that Plaintiff fails to state a claim upon which relief can be granted. Plaintiff did not respond to any of the pending motions to dismiss, failing to rebut or offer evidence to counter Defendants’ contentions. -

Pursuant to Local Rule 7.4, failure to respond is taken as a representation of no opposition. S.D. Tex. Local R. 7.4. Regardless of Plaintiff's failure to respond to any of the pending motions to dismiss, the Court will consider, in turn, the merits of Plaintiff's claims against each Defendant. The Court construes all. pro se filings liberally. See Erickson v. Paradus, 551 U.S. 89, 94 (2007). 1. Defendants Alan Brerenton and Labette County District Attorney* Plaintiff alleges that Brereton “pursued baseless charges against Plaintiff].]”

4 The Court notes that Plaintiff brings claims against the Labette County District Attorney and incorrectly against Alan Brereton as the Labette County District Attorney. Nonetheless, the Court will consider the merit of Plaintiff's claims against Alan Brereton as a Deputy County of the Labette County Attorney’s Office. Considering Plaintiff's error, it is unclear whether Plaintiff intended to sue the District Attorney or the District Attorney’s Office. The Court will consider, in turn, both possibilities.

Plaintiff further contends that the alleged baseless charges give rise to claims for: (1) violations of Fourth Amendment rights, (2) malicious prosecution, (3) due process violations, (4) emotional distress, and (5) financial loss. In response, Brereton contends that Plaintiff's claims must be dismissed because the Court lacks personal jurisdiction. Brereton further contends that he is entitled to prosecutorial immunity, and thus, Plaintiffs claims should be dismissed because Plaintiff fails to state a claim

upon which relief can be granted. Plaintiff offers no rebuttal. “Absolute immunity” applies to prosecutor’s actions related to an “integral part of the judicial process.” Imbler v. Pachtman, 424 U.S. 409, 430 (1976). This immunity applies for claims in “connection with the preparation and filing” of charging documents. Kalina v. Fletcher, 522 U.S. 118, 118 (1997).

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Related

Cuvillier v. Taylor
503 F.3d 397 (Fifth Circuit, 2007)
Imbler v. Pachtman
424 U.S. 409 (Supreme Court, 1976)
Kalina v. Fletcher
522 U.S. 118 (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)
Ashcroft v. Iqbal
556 U.S. 662 (Supreme Court, 2009)
Mrs. Susie Lite Morrison v. City of Baton Rouge
761 F.2d 242 (Fifth Circuit, 1985)
Herbert Darby v. Pasadena Police Department
939 F.2d 311 (Fifth Circuit, 1991)
In Re Katrina Canal Breaches Litigation
495 F.3d 191 (Fifth Circuit, 2007)
Williams v. Hartje
827 F.2d 1203 (Eighth Circuit, 1987)

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Paldo v. Brerenton, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paldo-v-brerenton-txsd-2025.