John Marks v. City of Manvel, et al.

Summary

The court grants the Texas Department of Public Safety's motion to quash a subpoena seeking the deposition of a Texas Ranger concerning conversations witnessed during an arrest. Applying Fifth Circuit precedent, the court holds that sovereign immunity protects a state agency and its official from compelled discovery, including third-party subpoenas, when the official was acting in an official capacity. The document's narrative refers to Freddie Douglas, although the caption identifies the plaintiff as John Marks.

Holdings

1. State sovereign immunity prevents a federal court from compelling a state official acting in his official capacity to appear for a third-party deposition.
2. The fact that the state agency and official were third parties to the litigation does not remove sovereign-immunity protection when the official acted in his official capacity.

Questions Presented

1. Whether state sovereign immunity bars a federal court from compelling a state employee, acting in an official capacity, to comply with a third-party deposition subpoena.
2. Whether Fifth Circuit precedent governing subpoenas directed to state entities and officials applies to the deposition of a Texas Ranger who witnessed relevant events while acting as a state official.

Disposition

other