A federal lawsuit filed by a Rockdale native against Milam County and 10 current or former county officials is over for eight defendants.
Federal Judge Alan Albright has granted motions to dismiss John L. Robertson’s suit against Prosecutor Bill Torrey, the late Sheriff David Greene, current Sheriff Chris White, Dr. Stuart Yoffe, Stephanie Vargas, Katrina Douglas, Ryan Blankenmeyer and the county as a whole.
But Judge Albright—in a ruling signed Feb. 15 and released on Thursday—let stand the suit against John Mendoza, Cindy McBee and Joshua Hughes and the matter will continue to work its way through the Western District of Texas Court in Waco.
BEATING—Robertson has alleged he suffered two weeks of partial paralysis from the waist down, and is permanently disabled from a 2016 incident in the county jail.
He filed the lawsuit in April, 2018, claiming, in Judge Albright’s words “a long train of abuses.” The judge said the gravamen (essence or most serious) of the accusations was that Mendoza repeatedly threw the whole weight of his body against the fully restrained and compliant Robertson.
Mendoza, McBee and Hughes were listed as jailers at the time of the incident. It’s alleged the trio denied him medical attention for 24 hours.
The suit alleges jail nurse Vargas said Robertson was faking his injuries, that jail physician Dr. Yoffe initially failed to adequately treat him and that then Sheriff Greene, then Chief Deputy White, then Captain/Jail Supervisor Douglas and the county did not adequately train or supervise personnel under their authority.
And it accused Torrey of “appearing to retaliate” against Robertson in a subsequent filing of a motion to revoke probation.
The suit requests a jury trial and “actual and punitive damages” but does not specify a monetary amount.
‘NO CLAIM’—Judge Albright wrote that the charges against Greene, White, Torrey and Dougbe granted.
Among the judge’s findings in regard to charges on Greene, White and Douglas—citing numerous case law—were that a plaintiff cannot sustain a “failure to train” cause of action when the defendant’s department meets the state standards for training, as was the case in the 2016 incident.
Judge Albright also rejected Robertson’s allegation that Greene, White and Douglas were “deliberately indifferent” to the claimed abuse, mistreatment and medical mistreatment and neglect.
Albright noted Robertson’s suit did not allege the trio were aware of facts that could have given rise to the inference that Robertson was at substantial risk for the harm allegedly inflicted by Mendoza.
DA, COUNTY—Albright dismissed allegations against Prosecutor Torrey and Sheriff Greene regarding a conspiracy to delay arraignment on a 2017 arrest to pay child support.
“The Texas Attorney General prosecutes child support cases and the Attorney General is not a party to this action,” Albright wrote.
As for the charge against Milam County as a whole, Albright cited a case which held a plaintiff must show excessive force or deliberate indifference is a “policy or custom” of the county.
“The plaintiff has not alleged that Milam County has an officially adopted and promulgated a policy of using excessive force or exercising deliberate indifference,” he wrote.
MEDICAL—In regard to charges concerning Dr. Yoffe and Nurse Vargas, Judge Albright noted allegations of “deliberate indifference” by medical personnel must meet an “extremely high standard.”
He noted a prison medical official acts with deliberate indifference only if he or she has both a subjective knowledge of the substantial risk to the inmate and disregards that risk.
Albright pointed out, under the law, incorrect diagnosis does not constitute deliberate indifference.
Robertson also alleged at a physical therapy session Capt. Blankenmeyer threatened Robertson.
The judge cited case law concluding “mere threatening” language and gestures of a custodial office(r) do not, even if true, amount to constitutional violations” and adding what has been alleged against defendant Blankenmeyer amounted to no more than threats.
REJECTED—The rulings came after attorneys for the county and the 10 individual defendants filed a motion to dismiss the suits for “failure to state a claim.”
While Judge Albright granted request for those eight defendants, he rejected them for three others.
In regard to Mendoza, McBee and Hughes, the judge wrote:
“Plaintiff (Robertson) has, however, alleged conduct by Defendant Mendoza, in other words, violently and injuriously beating Plaintiff without provocation... and Defendants McBee and Hughes...personally witnessing the beating and failing to intervene, or to attempt to restrain Defendant Mendoza...that, if true, would be both constitutionally violative and objectively unreasonable.”
Robertson claimed while he was handcuffed, and lying face down, Mendoza dropped his full body weight on Robertson’s back at least three times and later put most of his weight on Robertson’s head, breaking a tooth.
“These allegations have yet to be proved,” Judge Albright noted.
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