Lewis v. Williamson County, Texas

Background

Scott Phillip Lewis sued Williamson County, Texas; the City of Austin, Texas; A&E Television Networks, LLC; The Walt Disney Company; Hearst Corporation; Metro-Goldwyn-Mayer Inc.; Big Fish Entertainment; and the Vandegrift Lacrosse Club Booster Organization. He alleged that the defendants participated in a conspiracy to enrich themselves and violate his constitutional rights.

Lewis alleged that he suffered a concussion and traumatic brain injury in a November 2015 hit-and-run accident in Austin, Texas. He alleged that he was later arrested for driving while intoxicated in Williamson County on January 25, 2019, and that an episode of LivePD used selective and manipulated portions of the arrest. He claimed that the alleged conspiracy began with the 2015 accident and continued through the broadcast of his arrest. He also alleged that he was vulnerable because of mental-health symptoms or physical ailments and was selected for the program because of those vulnerabilities.

In an earlier order, the court dismissed Lewis’s claims under the Americans with Disabilities Act and directed him to explain why his claims under 42 U.S.C. § 1985(3) should not be dismissed as untimely. Lewis argued that Texas law should toll, or pause, the limitations period. The court did not decide that issue in this order; instead, it assumed for purposes of the order that the Section 1985(3) claims were timely.

Court’s analysis

Because Lewis filed the case without paying the filing fee, the court reviewed the complaint under the statute governing complaints filed by people proceeding without payment of fees. That statute requires dismissal of claims that are frivolous, seek relief from an immune defendant, or fail to state a legally sufficient claim. The court also noted that it must read filings by people without lawyers liberally.

To state a conspiracy claim under Section 1985(3), a plaintiff must allege a conspiracy aimed at denying equal legal protection or equal legal privileges, an act advancing the conspiracy, and an injury or deprivation of a legal right. The alleged conspiracy must also be motivated by racial or another class-based form of discriminatory intent. The allegations must identify the conspiracy and its acts with some particularity; vague or conclusory assertions are insufficient.

The court held that Lewis’s allegations did not meet that standard. First, he provided no support for his assertion that the varied defendants worked together to deny him federal rights, and the court found it unclear how the Texas booster organization could have conspired with Big Fish Entertainment to do so. Second, the allegation that LivePD aired a manipulated program about his arrest did not show that the defendants acted together to deprive him of federal rights. Third, Lewis did not allege facts showing that any defendant knew about his disability or acted with discriminatory intent because of it. Finally, the complaint did not show that the defendants acted together with a shared purpose to deprive him of his rights.

Ruling and case status

Judge Laura Taylor Swain dismissed Lewis’s Section 1985(3) conspiracy claims for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii). The conclusion states that the complaint was dismissed with 30 days’ leave to replead, meaning Lewis was allowed 30 days to file an amended complaint supplying additional facts. The court stated that amendment would not be futile. If Lewis does not file an amended complaint within the permitted time, the clerk will be directed to enter judgment.

The court certified that any appeal would not be taken in good faith and denied Lewis permission to proceed without paying fees for an appeal. The clerk was directed to keep the matter open on the docket until a civil judgment is entered.