Texas attorneys want Sandra Bland wrongful death suit tossed

[TexasTowelie]

Source: AP

HOUSTON — Attorneys for the state of Texas have asked a judge to dismiss a wrongful-death lawsuit filed by the mother of a woman who was found dead in her jail cell days after her violent arrest during a traffic stop.

Sandra Bland, 28, died in her Waller County jail cell on July 13, three days after her confrontation with a state trooper, Brian Encinia, who pulled her over for a minor traffic infraction. Dashcam video shows their interaction quickly turned into a confrontation when the trooper asked Bland to extinguish her cigarette. Bland was arrested for assault and remained jailed when she couldn't come up with about $500 for bail.

Bland's mother, Geneva Reed-Veal, sued the state police agency, Encinia, Waller County and two jail employees of the county about 50 miles northwest of Houston. She contends that Encinia falsified the assault allegation to take Bland into custody and that jail personnel failed to keep her daughter safe. An autopsy determined Bland hanged herself from a partition in the cell with a garbage bag.

In a court filing Tuesday, the Texas Attorney General's office asked U.S. District Judge David Hittner to dismiss the complaint, arguing that state agencies are constitutionally immune from such lawsuits filed in federal court.

Read more: http://www.mystatesman.com/ap/ap/us/texas-attorneys-want-sandra-bland-wrongful-death-s/nnbcK/

[jberryhill]

1. Omg, a defendant filed a motion to dismiss!

Clearly, a defendant should never do such a thing.

[TexasTowelie]

2. Yes, I know that this wouldn't normally be considered LBN.

However, due to the national interest in this story I believe that it meets the criteria of this forum which states:

Post the latest news from reputable mainstream news websites and blogs. Important news of national interest only. No analysis or opinion pieces. No duplicates. News stories must have been published within the last 12 hours. Use the published title of the story as the title of the discussion thread.

[Gothmog]

3. A motion to dismiss is standard in one of these cases

[Judi Lynn]

4. Hoping so much they can't get away with this. Unbelievable gall. n/t

[therehegoes]

5. More details on another case close to Texas AG- his buddy Collin County DA

I'm the owner of blog so no copyright issues

We want the word out on how Texas taints every criminal case (possibly civil cases as well)

Not only did we find tampered evidence which is covered in our habeas, but also recently found manufactured evidence as well.

Motion to Dismiss Void/Default Judgment requiring immediate dismissal - links to motion and evidence in body of article (also includes information on how Judges/Courts/DA's manufacture charges in RICO style conspiracies.

http://friscopaul.blogspot.com/2015/09/void-judgements-and-default-judgements.html

Writ of Habeas (covers tampered evidence and how only an idiot DA would use the evidence (unless of course he was in on the ruse).

http://friscopaul.blogspot.com/2015/05/what-is-common-denominator-for-all.html

[cstanleytech]

6. So they need to refile it in state court.

They also need to drop Encinia from this lawsuit as well and refile a separate one against him and the department because this specific case isnt about her arrest its about the negligence which lead to her being able to commit suicide which Encinia had no part in.

[riderinthestorm]

7. Has the family released the private independent autopsy results yet? nt