Perez, Jr. v. Livingston et al, No. 4:2016cv00306 - Document 47 (S.D. Tex. 2018)

Court Description: MEMORANDUM AND ORDER granting in part 26 Sealed Event/Motion for Summary Judgment. The Court ORDERS as follows: 1) Pltf's claims for monetary damages against Dfts in their official capacity are DISMISSED WITH PREJUDICE. 2) Pltf's claim s against Dfts for criminal conspiracy are DISMISSED WITH PREJUDICE. 3) Pltf's claims against Dfts for violation of his First Amendment rights are DISMISSED WITH PREJUDICE. 4) Pltf's claims against Dfts for deliberate indifference to his se rious medical needs are DISMISSED WITH PREJUDICE. 5) Pltf's claims against Dft LaCox in his official capacity are DISMISSED WITH PREJUDICE. 6) Pltf's claims against Dfts Ramadan, Taylor, McClellan, and Pitcock for use of excessive force are RETAINED by the Court for further prosecution. 7) All dispositive motions as to Pltf's claims for use of excessive force are due 60 days from date of this Order.(Signed by Judge Alfred H Bennett) Parties notified.(sanderson, 4)