Russell Hess; Barbara Wofford; and K.H., H.H., B.H., L.H., R.H., Minor Daughters v. Officer Liam Ortman, Badge #1122; Officer Aron Benoy, Badge #1105; Sergeant Bryan Harshman, Badge #1116; The Bulverde Police Department; and The City of Bulverde

Summary

The United States District Court for the Western District of Texas accepted the magistrate judge’s Report and Recommendation after conducting the required review of the plaintiffs’ objections. The court granted the defendants’ First Amended Motion to Dismiss, dismissed the action with prejudice, dismissed any remaining motions as moot, and closed the case.

Holdings

1. A district court must conduct de novo review of those portions of a magistrate judge's Report and Recommendation to which a party objects, while portions without objections are reviewed for clear error or whether they are contrary to law; frivolous, conclusive, or general objections do not require de novo review.
2. Plaintiffs' objections lacked merit; the Report and Recommendation was accepted, Defendants' First Amended Motion to Dismiss was granted, and the action was dismissed with prejudice.

Questions Presented

1. What standard of review applies to portions of a magistrate judge's Report and Recommendation when parties object or do not object?
2. Whether Plaintiffs' objections had merit and whether the Report and Recommendation recommending dismissal should be accepted.
3. Whether Defendants' First Amended Motion to Dismiss should be granted and the action dismissed with prejudice.

Disposition

dismissed