Tipps v. McGraw, No. SA-12-CV-761-DAE, slip op. (W.D. Tex. Nov. 1, 2013)(Ezra, J.)

The District Court dismissed supervisory liability claims under Rule 12(b)(6) in this civil rights case stemming from an Austin woman’s arrest on subsequently dismissed charges.  The Fifth Circuit requires specific instances of a subordinate’s civil rights violations to plead a viable claim for section 1983 supervisory liability under section 1983.  Slip op. at 12.  Because the allegations against the DPS troopers lacked these specifics, the District Court dismissed the section 1983 claims against them, but afforded the plaintiff an opportunity to join the troopers later if developments in discovery warranted.  Id.  The District Court also dismissed the Austin plaintiff’s common law claims, concluding they were barred by the statutory protection for government employees acting within the scope of their employment. Id. at 12-13 (applying Tex. Civ. Prac. & Rem. Code § 101.106(f)).