Filed Date: April 16, 2021
Closed Date: Oct. 7, 2021
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This is a freedom of speech and procedural due process case challenging the removal of campaign signs belonging to plaintiff and his federal election committee from private property.
On April 16, 2021, a candidate for federal office filed this lawsuit in the U.S. District Court for the Northern District of Texas along with an emergency application for a temporary restraining order (“TRO”). Plaintiff sued the City of Grand Prairie and Ellis County, as well as the City Code Compliance Manager and County Sheriff (in their official capacities) under the First and Fourteenth Amendments of the U.S. Constitution and 42 U.S.C. § 1983. Filing pro se, plaintiff sought declaratory relief; a TRO preventing further removals of political campaign signs; and an award of costs under 42 U.S.C. § 1988 and other applicable law. Plaintiff alleged the defendants removed political signs belonging to plaintiff from private property without proper notice or justification, and the defendants' purpose for doing so was their disagreement with plaintiff’s political views. Plaintiff alleged these actions deprived him of the right to engage in protected speech (in violation of the First Amendment) and, because defendants acted under color of law, deprived him of equal protection (in violation of the Fourteenth Amendment). The case was originally assigned to District Judge Mark Pittman. After Judge Pittman sua sponte ordered the case transferred to the Dallas Division of the Court, the case was referred to Magistrate Judge David L. Horan and assigned to District Judge Sam A. Lindsay.
On April 19, 2021, the Court issued a Memorandum Opinion Order denying the TRO application. The Court determined that plaintiff did not satisfy the requirements for an ex parte TRO because he did not serve all defendants or certify why notice is not required. The Court further determined that, even if he were not seeking ex parte relief, plaintiff did not satisfied two prerequisites for obtaining a TRO because: (1) plaintiff did not demonstrate a substantial likelihood of success on the merits because he did not plead the existence of an official policy, practice, or custom that violates his federally protected rights, which is required for a governmental entity to be liable under Section 1983; and (2) his allegation of irreparable harm was conclusory and insufficient.
On April 21, 2021, plaintiff filed a second Emergency Application for a Temporary Restraining Order, alleging the City was threatening to remove all campaign signs within 48-hours that are in public rights-of-ways, but refusing to clarify the distance required to comply with the ordinance. By Order that same day, the Court denied the second TRO application on the basis that it was essentially a motion for reconsideration, failed for the same reasons as the initial TRO application, and was premised on a claim not included in the Complaint (namely, “public right-of-way” in the ordinance is constitutionally vague and deprives plaintiff of due process).
On September 22, 2021, after plaintiff failed to respond to an Order to Show Cause to establish good cause for his failure to timely effect proper service and to extend the time for service, Magistrate Judge Horan recommended that the action be dismissed without prejudice. On October 7, 2021, Judge Lindsay ordered the dismissal of the action without prejudice and entered judgment to that effect.
Summary Authors
LFAA (9/28/2024)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59832433/parties/castro-v-the-city-of-grand-prairie/
Lindsay, Sam A. (Texas)
Castro, John Anthony (Texas)
See docket on RECAP: https://www.courtlistener.com/docket/59832433/castro-v-the-city-of-grand-prairie/
Last updated Aug. 9, 2025, 10 p.m.
State / Territory: Texas
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: April 16, 2021
Closing Date: Oct. 7, 2021
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Federal candidate for the United States House of Representatives in Texas’ 6th Congressional District’s Special Election
Public Interest Lawyer: No
Filed Pro Se: Yes
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
City of Grand Prairie, Texas, City
Sheriff of Ellis County, County
Case Details
Causes of Action:
Declaratory Judgment Act, 28 U.S.C. § 2201
Constitutional Clause(s):
Due Process: Procedural Due Process
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
Voting: