Background
Erwin Eugene Semien, proceeding pro se, appealed the dismissal of his civil rights complaint against Jennifer L. Bergman in her official and individual capacities, the City of Liberty, Liberty County, and the Liberty Police Department. The appeal originated from the United States District Court for the Eastern District of Texas.
The court’s reasoning
The court held that Semien had abandoned claims against the Liberty Police Department, state law claims for negligence and intentional infliction of emotional distress, and his claim that he was entitled to compel a criminal prosecution against a private citizen. Regarding the remaining claims, the court limited its review to the contents of the complaint and found Semien failed to adequately allege a protected property interest for a conspiracy to deny due process under the Fourteenth Amendment. The court also found the complaint failed to allege any specific comparator necessary to state a claim for conspiracy to deny equal protection of the laws under the Fourteenth Amendment.
What it means going forward
The decision affirms the dismissal of the civil rights action, leaving the district court’s ruling in place and preventing the plaintiff from pursuing the alleged constitutional violations on the merits.