Background
Dr. Courtney Morgan sued a Texas Medical Board investigator and a Texas Department of Public Safety officer following a 2013 search of his clinics. The search led to a criminal prosecution that was later dismissed. The district court granted summary judgment to both defendants based on qualified immunity after Morgan failed to file a timely response to their motions.
The court’s reasoning
The court held that Morgan waived his right to challenge the magistrate judge’s order denying his motion to file a belated response. On the merits, the court affirmed immunity for the investigator because Morgan failed to show she fabricated evidence. For the trooper, the court affirmed immunity on the seizure claim but reversed on the search claim. The court found a genuine dispute of material fact as to whether the trooper’s presence at the administrative search was pretextual for a criminal investigation, noting the trooper coordinated with the investigator and used the search results to bring charges.
What it means going forward
The case is remanded for further proceedings on the trooper’s unreasonable search claim, while the investigator and the seizure claim against the trooper remain dismissed.