Citing references

In Pineda v. City of Houston, 291 F.3d 325 (5th Cir.2002), we held that eleven incidents of warrantless entry did not support a pattern of unconstitutional warrantless entry.

Pineda v. City of Houston , 291 F.3d 325 , 328 (5th Cir. 2002) (citing Piotrowski v. City of Houston , 237 F.3d 567 , 578 (5th Cir. 2001) ). With regard to the first prong, an official policy generally takes one of two forms: 1.

Pineda v. City of Houston, 291 F.3d 325, 328 (5th Cir.2002); Piotrowski v. City of Houston, 237 F.3d 567, 578 (5th Cir.2001); James v. Harris County, No. 04-3576, 2006 WL 2827050 , *1 (S.D.Tex. Sept. 28, 2006).

Pineda v. City of Hou., 291 F.3d 325, 328 (5th Cir. 2002).

(Doc. 27 at 2-3) (citing Pineda v. City of Houston, 291 F.3d 325 (5th Cir. 2002)).

Pineda v. City of Houston , 291 F.3d 325 , 330 (5th Cir. 2002). Rec. Doc. 31-1 at 17. Rec. Doc. 35 at 18; Rec. Doc. 35-9 at 1 (citing Rec. Doc. 35-1 (Declaration of David Brian Heintz) at ¶¶ 11-13). Rec. Doc. 35-9 at 4 (citing Rec.

.”); Pineda v. City of Hous., 291 F.3d 325, 329 (5th Cir. 2002) (“one act is not itself a custom. There must be a ‘persistent and widespread practice.’”).

City of Houston, 291 F.3d 325 (5th Cir. 2002). 13 Case: 20-40050 Document: 00516491399 Page: 14 Date Filed: 09/30/2022 No. 20-40050 In Peterson, for example, the court found that evidence of twenty- seven excessive force incidents over the course of

City of Houston , 613 F.3d 536 , 544 (5th Cir. 2010) ; Pineda v. City of Houston , 291 F.3d 325 , 332 (5th Cir. 2002). 9 Valle , 613 F.3d at 546 (quoting Thompson v.

Citing Pineda v. City of Houston, 291 F.3d 325 (5th Cir.2002), and Brown v.

See Pineda v. City of Houston, 291 F.3d 325, 328 (5th Cir.2002). 3 .

City of Houston, 291 F.3d 325, 329 (5th Cir. 2002)). Those factors—such as department size and number of arrests—provide the context necessary to evaluate whether an alleged department-wide pattern is so obvious as to impart constructive notice.

In other words, the practice must be “ ‘persistent and widespread.’ ” Pineda v. City of Houston, 291 F.3d 325, 329 (5th Cir.2002) (quoting Piotrowski, 237 F.3d at 581 ).

City of Houston, 613 F.3d 536 , 541 (5th Cir. 2010) (citing Pineda v. City of Houston, 291 F.3d 325 , 328 (5th Cir. 2002) ). So a plaintiff must first identify an official policy of the municipality, which may take the form of: 1.

Pineda v. City of Houston, 291 F.3d 325, 328 (5th Cir.2002).

City of Houston, 291 F.3d 325, 328 (5th Cir.2002), cert. denied, 537 U.S. 1110 , 123 S.Ct. 892 , 154 L.Ed.2d 782 (2003); Brown v. Bryan County, 219 F.3d 450, 457 (5th Cir.2000), cert. denied, 532 U.S. 1007 , 121 S.Ct. 1734 , 149 L.Ed.2d 658 (2001); Eugene v.

Pineda v. City of Houston, 291 F.3d 325, 333 (5th Cir.2002). In addition, Burge failed to demonstrate that McCormick, or any other records-room employee, was unaware of the importance of delivering all investigatory materials to the District Attorney. Cf.

Pineda v. City of Houston, 291 F.3d 325, 328 (5th Cir. 2002).

Fire and Police Civil Service Bd., 229 F.3d 478 , 483 n.10 (5th Cir. 2000)). 92 Pineda v. City of Houston, 291 F.3d 325, 328 (5th Cir. 2002). 93 Milam v. City of San Antonio, 113 Fed.

Pineda v. City of Houston, 291 F.3d 325, 328 (5th Cir. 2002).

Pineda v. City of Houston, 291 F.3d 325, 328 (5th Cir. 2002).

Pineda v. City of Houston, 291 F.3d 325 , 329 Accordingly, the Court’s focus here is on the first Monell element, i.e., whether the purported no-probable-cause-arrest policy for domestic-violence disputes was indeed an official policy of the City.

Plaintiffs contend that Pineda v. City of Houston, 291 F.3d 325 , 329–31 (5th Cir. 2002) supports this theory. The Court disagrees. Pineda involved no such theory.

See Pineda v City of Houston, 291 F3d 325, 328 (5th Cir 2002). Almost all of the arguments by Alaniz against Harris County focus on false arrest. It has been determined above that there is no constitutional violation as to false arrest.