Smith v. Stiebig

E.D. Texas

Smith v. Stiebig

DecidedNovember 24, 2020

Docket1:19-cv-00615

StatusUnknown

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

Bluebook

Smith v. Stiebig, (E.D. Tex. 2020).

Pincite

Opinion

TES DIS: aS ee clips 2 ie a) WS eae □□ =| Se.

Ox GNP fen Spee NE ENA OK IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION BRIAN SMITH, § § Plaintiff, § § v. § CIVIL ACTION NO. 1:19-CV-615 § CITY OF VIDOR, BREANNA WHITMER, ~ § AND BURGER KING CORPORATION, § § Defendants. § § ORDER ADOPTING REPORT AND OF PARTIAL DISMISSAL The Court referred this matter to the Honorable Keith F. Giblin, United States Magistrate Judge, for consideration. On October 13, 2020, the magistrate judge issued his Report and Recommendation, recommending that the District Court deny Defendant City of Vidor’s Motion to Dismiss (ECF No. 33) and grant Defendant Breanna Whitmer’s Motion to Dismiss (ECF No. 47). See Report and Recommendation (ECF No. 54). No party has filed objections pursuant to 28 U.S.C. § 636(b)(1)(c). Having conducted a de novo review, the Court agrees with the magistrate judge’s findings and recommended disposition. It is therefore ORDERED that the Report and Recommendation (ECF No. 54) is ADOPTED. The Court ORDERS that the City of Vidor’s Motion to Dismiss (ECF No. 33) is DENIED because Plaintiff has pled sufficient facts to show he may be entitled to

relief on his claims against the City of Vidor. Cuvillier v. Taylor, 503 F.3d 397, 401 (Sth Cir. 2007). Additionally, Defendant Breanna Whitmer’s Motion to Dismiss (ECF No. 47) is GRANTED because, based on the facts as pled, she had reasonable suspicion to detain Plaintiff for a brief period of time. United States v. Chavez, 281 F.3d 479, 485; see also United States v. Brigham, 182 F.3d 500, 507 (Sth Cir. 2004) (en banc). The Court further ORDERS that Plaintiff’ s claims against Breanna Whitmer are DISMISSED, in their entirety, with prejudice. The Clerk is directed to TERMINATE Ms. Whitmer as an active party defendant. Plaintiffs’ other causes of action remain pending. SIGNED this 24th day of November, 2020.

teehee 6, Grunertr Michael J. Truncale United States District Judge

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

TES DIS: aS ee clips 2 ie a) WS eae □□ =| Se.

Ox GNP fen Spee NE ENA OK IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION BRIAN SMITH, § § Plaintiff, § § v. § CIVIL ACTION NO. 1:19-CV-615 § CITY OF VIDOR, BREANNA WHITMER, ~ § AND BURGER KING CORPORATION, § § Defendants. § § ORDER ADOPTING REPORT AND OF PARTIAL DISMISSAL The Court referred this matter to the Honorable Keith F. Giblin, United States Magistrate Judge, for consideration. On October 13, 2020, the magistrate judge issued his Report and Recommendation, recommending that the District Court deny Defendant City of Vidor’s Motion to Dismiss (ECF No. 33) and grant Defendant Breanna Whitmer’s Motion to Dismiss (ECF No. 47). See Report and Recommendation (ECF No. 54). No party has filed objections pursuant to 28 U.S.C. § 636(b)(1)(c). Having conducted a de novo review, the Court agrees with the magistrate judge’s findings and recommended disposition. It is therefore ORDERED that the Report and Recommendation (ECF No. 54) is ADOPTED. The Court ORDERS that the City of Vidor’s Motion to Dismiss (ECF No. 33) is DENIED because Plaintiff has pled sufficient facts to show he may be entitled to

relief on his claims against the City of Vidor. Cuvillier v. Taylor, 503 F.3d 397, 401 (Sth Cir. 2007). Additionally, Defendant Breanna Whitmer’s Motion to Dismiss (ECF No. 47) is GRANTED because, based on the facts as pled, she had reasonable suspicion to detain Plaintiff for a brief period of time. United States v. Chavez, 281 F.3d 479, 485; see also United States v. Brigham, 182 F.3d 500, 507 (Sth Cir. 2004) (en banc). The Court further ORDERS that Plaintiff’ s claims against Breanna Whitmer are DISMISSED, in their entirety, with prejudice. The Clerk is directed to TERMINATE Ms. Whitmer as an active party defendant. Plaintiffs’ other causes of action remain pending. SIGNED this 24th day of November, 2020.

teehee 6, Grunertr Michael J. Truncale United States District Judge

Cite This Page — Counsel Stack

Bluebook (online)

Smith v. Stiebig, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-stiebig-txed-2020.

Opinion

Related

Cite This Page — Counsel Stack