Romero v. Universal City TX, 256 F.3d 349 (5th Cir. 2001). · Go Syfert
Romero v. Universal City TX, 256 F.3d 349 (5th Cir. 2001). Cases Citing This Book View Copy Cite
255 citation events (255 in the last 25 years) across 22 distinct courts.
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Cited for
At page 355 Dismissal of official capacity claims as duplicative of governmental entity claims114 citing cases“the district court was also correct in dismissing the allegations against all of the municipal officers and two of the employees of the corps of engineers in their official capacities, as these allegations duplicate claims against the respective governmental entities themselves.”18 citing courts quote it · 111 listed here
  • P.A., No. 2:26-cv-00199 (E.D. La. Aug. 17, 2026).
    “the district court was also correct in dismissing the allegations against all of the municipal officers ... in their official capacities, as these allegations duplicate claims against the respective governmental entitie…”
  • Tarmo, No. 4:25-cv-00109 (E.D. Tex. Mar. 20, 2026).
    “the district court was also correct in dismissing the allegations against all of the municipal officers and two of 11 defendant weinstein has not been sued in his official capacity. the employees of the corps of enginee…”
  • Ordonye v. Clement, No. 2:24-cv-02084 (E.D. La. Feb. 3, 2025). 2 cites
    “the district court was also correct in dismissing the allegations against all of the municipal officers and two of the employees of the corps of engineers in their official capacities, as these allegations duplicate cla…”
  • Rupe v. The City of Jacksboro, Texas, No. 4:23-cv-00998 (N.D. Tex. July 25, 2024).
    “the district court was . . . correct in dismissing the allegations against all of the municipal officers and two of the employees of the corps of engineers in their official capacities, as these allegations are duplicat…”
  • Hill v. Madison Cnty., No. 3:19-cv-00127 (S.D. Miss. Sept. 2, 2020).
    “the district court was also correct in dismissing the allegations against all of the municipal officers and two of the employees of the corps of engineers in their official capacities, as these allegations duplicate cla…”
  • Arreola v. City of Fort Worth, No. 4:17-cv-00629 (N.D. Tex. June 19, 2020).
    “the district court was also correct in dismissing the allegations against all of the municipal officers . . . in their official capacities, as these allegations duplicate claims against the respective governmental entit…”
  • Giaccio, No. 3:26-cv-00855 (N.D. Tex. June 29, 2026).
    Tex. 2011) (“The Fifth Circuit has held that it is appropriate to dismiss claims against officers in their official capacities when the ‘allegations duplicate claims against the respective governmental entities themselves.’” (quoting Castr…
  • Flash, No. 4:26-cv-00004 (W.D. Tex. June 17, 2026).
    Tex. Oct. 4, 2018) (“[T]he underlying claims against the official-capacity defendants and the City are the same, regardless of whether Plaintiff intends to ask for injunctive relief specific to the Mayor or City Attorney.”); Castro Romero…
  • Linville, No. 1:25-cv-00328 (S.D. Miss. June 2, 2026).
    See Quiroz v. Hernandez, 167 F.4th 254 , 266 (5th Cir. 2025) (affirming dismissal of duplicative claims); Castro Romero v. Becken, 256 F.3d 349, 355 (5th Cir. 2001) (same).
  • Harris, No. 2:25-cv-02519 (E.D. La. Apr. 1, 2026).
    La. Mar. 23, 2018) (Morgan, J.) (citing Castro Romero v. Becken, 256 F.3d 349, 355 (5th Cir. 2001)) (dismissing official capacity claim against deputy as it was duplicative of official capacity claim against the sheriff); Quatrevingt v. La…
Show 101 more citing cases
At page 353 Reviewing district court dismissal under rule 12(b)(6)39 citing casesholding that there is no automatic right to appointment of counsel in civil rights cases1 citing court put it this way
  • Brown v. Talavera, No. 2:25-cv-01199 (E.D. La. Sept. 19, 2025).
    The appointment of counsel in a civil case is a privilege, not a constitutional right.7 Thus, while these statutes authorize appointment of counsel, a litigant generally has no right to a court- appointed attorney in a civil case.8 The dec…
  • Porter v. Lemire, No. 2:24-cv-00504 (E.D. La. May 19, 2025).
    Baranowski, 486 F.3d at 126 (citing Castro Romero, 256 F.3d at 353-54); see also Hadd, 272 F.3d at 301 .
  • Ricks v. Dep't of Just., No. 2:25-cv-00364 (E.D. La. Mar. 20, 2025). 2 cites
    Baranowski v. Hart, 486 F.3d 112, 126 (Sth Cir. 2007) (citing Castro Romero v. Becken, 256 F.3d 349, 353-54 (Sth Cir.2001)); see also Hadd v. LSG-Sky Chefs, 272 F.3d 298, 301 (Sth Cir. 2001); Castro v. Becken, 256 F.3d 349, 353-54 (Sth Cir…
  • Porter v. Lemire, No. 2:24-cv-00504 (E.D. La. Apr. 17, 2024).
    (holding that there is no automatic right to appointment of counsel in civil rights cases)
  • McPherson v. Ochsner Health Sys. Skilled Nursing Facility West Campus, No. 2:23-cv-02433 (E.D. La. Apr. 11, 2024).
    Therefore, Plaintiff has not provided sufficient information to enable this Court to exercise its discretion to compel unwilling counsel to represent him in this proceeding under Naranjo. 10 Baranowski v. Hart, 486 F.3d 112, 126 (5th Cir.…
  • Godfrey v. First Student, No. 2:23-cv-07377 (E.D. La. Feb. 16, 2024).
    While Title VII and § 1915(e) authorize the appointment of counsel, a litigant has no right to a court-appointed attorney in a civil case.8 The decision whether to appoint counsel rests within the sound discretion of the trial court,9 and…
  • McPherson v. Ochsner Health Sys. Skilled Nursing Facility West Campus, No. 2:23-cv-02433 (E.D. La. Jan. 31, 2024).
    Whether the evidence will consist of conflicting testimony is undetermined at this stage. 10 Baranowski v. Hart, 486 F.3d 112, 126 (5th Cir. 2007) (citation omitted); see also Hadd v. LSG-Sky Chefs, 272 F.3d 298, 301 (5th Cir. 2001); Becke…
  • Encalade v. Sylvia Biggs, No. 2:23-cv-03283 (E.D. La. Oct. 12, 2023).
    Therefore, the court denied Plaintiff’s motions for appointment of counsel as premature, specifically noting that Plaintiff may “re-urge his request after completion of the Court’s statutorily mandated screening review.”7 That review is st…
  • Wilson v. Ham, No. 2:23-cv-02708 (E.D. La. Aug. 25, 2023). 2 cites
    Baranowski v. Hart, 486 F.3d 112, 126 (Sth Cir. 2007) (citing Castro Romero Becken, 256 F.3d 349, 353-54 (Sth Cir.2001)); see also Hadd v. LSG-Sky Chefs, 272 F.3d 298, 301 (Sth Cir. 2001); Castro v. Becken, 256 F.3d 349, 353-54 (Sth Cir. 2…
  • Grayer v. Martin, No. 2:23-cv-01133 (E.D. La. May 5, 2023). 2 cites
    Baranowski v. Hart, 486 F.3d 112, 126 (Sth Cir. 2007) (citing Castro Romero Becken, 256 F.3d 349, 353-54 (Sth Cir.2001)); see also Hadd v. LSG-Sky Chefs, 272 F.3d 298, 301 (Sth Cir. 2001); Castro v. Becken, 256 F.3d 349, 353-54 (Sth Cir. 2…
Show 29 more citing cases
At page 354 Review of denial of appointment of counsel and statutory claims30 citing casesBy its plain terms, the reach of the statute is limited to federal or tribal lands and does not apply to municipal lands.1 citing court put it this way · 29 listed here
Show 19 more citing cases
Retrieving the full opinion text from the archive…
Daniel CASTRO ROMERO, Jr., General Council Chairman, Lipan Apache Band of Texas, Inc., Plaintiff-Appellant,
v.
Wesley BECKEN, Etc.; Et Al., Defendants, SWFNB; Olympia Joint Ventures; Industrial Development Corporation of Universal City; Paul Price & Associates, Inc.; Bain Medina & Bain; Finger Dye & Spann; Golf Works, Inc.; Adams & Flake Law Firm; Universal City, Texas City Council Members; Robert Reeh & Investors; Eric Schroeder; Peggy Jennings; M.G. Orender, Business-Granite Golf, Inc.; Douglas White, Business-Granite Golf, Inc.; Tom Weaver, Board Member, Industrial Development Corporation; Dan Baumgartner, Board Member, Industrial Development Corporation; Clifford E. Morton; SWFNB; City of Selma, Texas; Ron Flake; F.G. Hutchinson; Paul Price; Carl Bain; Baxter Spann; Richard Prater, Defendants-Appellees
00-50541.
Court of Appeals for the Fifth Circuit.
Jul 16, 2001.
Published opinion
256 F.3d 349
2001 WL 726422
Daniel Castro Romero, Jr., Universal City, TX, pro se., William Michael McKamie, Deborah L. Leach, Fletcher & Springer, San Antonio, TX, for Wesley Becken, Larry Nuese, Daniel Whealen, Richard Neville, Thomas England, Richard Crow, Larry Kerkow, Gene Thorpe, Harold Friesenhahn, Industrial Development Corp. of Universal City, Adams & Flake Law Firm, Tom Weaver, Dan Baumgartner, City of Selma, Texas, Ron Flake and Richard Prater., Robert Bryan Gantt, Asst. Atty. Gen., Austin, TX, for Jeff Wentworth, Judith Zaffirini and Bill E. Siebert., Britannia Ingrid Hobbs, San Antonio, TX, for U.S. Army Corps of Engineers., Ruth Greenfield Malinas, David L. Hanna, Ball & Weed, San Antonio, TX, for Granite Golf, Inc., Patrick K. Sheehan, San Antonio, TX, Royal B. Lea, III, Bingham & Lea, San Antonio, TX, for Morton Properties, Inc., SWFNB and Clifford E. Morton., Philip Dale Mockford, Jackson Walker, Austin, TX, for Olympia Joint Ventures., Lanny D. Ray, Gaines F. West, West, Webb, Allbritton, Gentry & Rife, College Station, TX, for Paul Price & Associates, Inc., Eric Schroeder, Peggy Jennings and Paul Price., Thomas J. Walthall, Jr., Kevin Morris Warburton, The Gardner Law Firm, San Antonio, TX, for Bain Medina & Bain and Carl Bain., James Richard Watkins, Royston, Ray-zor, Vickery & Williams, Galveston, TX, for Finger Dye & Spann and Baxter Spann., Kendall Dean Hamilton, Law Office of Ken Hamilton, Austin, TX, for Golf Works, Inc. and F.G. Hutchinson.
Garza, Stewart, Parker.
Cited by 190 opinions  |  Published
EMILIO M. GARZA, Circuit Judge:

Daniel Castro Romero, averring that he is a lineal descendant of the great Lipan Apache chief Cuelgas de Castro, seeks damages for alleged injuries arising out of the construction of a golf course in Universal City, Texas on the alleged burial grounds of the Lipan Apache. The district court dismissed Castro’s claims under Fed. R.Civ.P. 12(b)(6), reasoning that most of the statutes cited by Castro do not provide for monetary damages, and that relief under 42 U.S.C. § 1983 was not available because the named defendants were either not associated with any governmental entity or were entitled to immunity. We affirm.

Through gifts of private landowners, the City of Universal City and its neighbor, Selma, acquired enough land to build an eighteen hole golf course. The United States Army Corps of Engineers began oversight of the project under the auspices of the Clean Water Act, which requires archeological surveys of the project site. The project site was divided into ten sites of possible archeological interest, with one site designated as a prehistoric open campsite. It was on this site that human remains were discovered.

Shortly after the discovery of the remains, Castro sent a letter to the Corps of[*353] Engineers demanding the return of the remains to the Lipan Apache Band of Texas, Inc. Castro received a reply from the Texas Historical Commission, informing him that the Corps of Engineers agreed with their decision to return the remains to the City of Universal City for reburial. The remains were reburied in Universal City at a ceremony attended by representatives of various tribal organizations.

Castro then filed this lawsuit, naming as defendants the City of Universal City, its mayor, its city manager, its city council members; the City of Selma, its mayor; two Texas state senators; one Texas state representative; the United States Army Corps of Engineers-Fort Worth, two Corps employees; and several private companies, law firms, and their employees. Castro alleged violations of Native American Graves Protection and Repatriation Act, 25 U.S.C. § 3001, et seq.; the Texas Health & Safety Code §§ 711.003, 711.004, 711.0311, 711.032, 711.041, and 711.052; the American Antiquities Act of 1996, 16 U.S.C. §§ 431-433; the National Historic Preservation Act, 16 U.S.C. §§ 470-470mm; the Archeological and Historic Preservation Act of 1974, 16 U.S.C. §§ 469-469c; the Archeological Resources Protection Act of 1979, 16 U.S.C. §§ 470-470mm; the Natural Resources Code §§ 191.001 et seq.; the American Indian Religious Freedom Act, 42 U.S.C. § 1996; and the Civil Rights Act of 1964, 42 U.S.C. § 1983. The district court addressed Castro’s contentions under each of these statutes, and dismissed for failure to state a claim under Rule 12(b)(6).

We review the district court’s dismissal de novo. See Hall v. Thomas, 190 F.3d 693, 696 (5th Cir.1999). Rule 12(b)(6) motions “should not be granted unless ‘it appears beyond a doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.’ ” Id., quoting Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957). “The question therefore is whether, in the light most favorable to the plaintiff and with every doubt resolved in his behalf, the complaint states any valid claim for relief.” Brown v. Nationsbank Corp., 188 F.3d 579, 586 (5th Cir.1999), quoting 5 Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 1357, at 601 (1969).

Castro contends that the district court erred in dismissing his case pursuant to Rule 12(b)(6) because “the district court never ordered or directed [him] to state a claim under Fed.R.Civ.P. 12(b)(6).” Of course, such an order is not typically required of the district court, but Castro is a pro se litigant, and is accordingly entitled to special accommodation by the judiciary. See Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir.1998) (“Generally a district court errs in dismissing a pro se complaint for failure to state a claim under Rule 12(b)(6) without giving the plaintiff an opportunity to amend.”). Here, the district court noted that Castro had been given several opportunities to clarify or amend his claims. Castro’s response to the various motions to dismiss or for a more definite statement was that his complaint needed no further allegations. The district court was therefore not in error in evaluating Castro’s pro se complaint under Rule 12(b)(6).

Relatedly, Castro argues that the district court erred in denying his request for appointment of counsel. [1] Pursuant to 28 U.S.C. § 1915(e)(1), the court may appoint an attorney to represent a litigant in federal court, but there is no automatic[*354] right to appointment of counsel in a civil rights case as Castro seems to suggest. See Ulmer v. Chancellor, 691 F.2d 209, 212 (5th Cir.1982). In evaluating whether the appointment of counsel is proper, the district court considers the type and complexity of the case, the litigant’s ability to investigate and present the case, and the level of skill required to present the evidence. See id. at 213. We review the denial of appointment of counsel for abuse of discretion. See Jackson v. Dallas Police Dept., 811 F.2d 260, 261 (5th Cir.1986). The district court asked Castro to fill out a questionnaire to evaluate the need for appointed counsel. Based on Castro’s answers, the court found that the complexity of the case was limited by the fact that Castro lacked standing to assert many of his claims because of his acknowledgment that the Lipan Apache Band of Texas is not a federally-recognized tribe. Based on its review of the complaint and exhibits, the court found that Castro had demonstrated his ability to investigate and present the case. The court also found Castro to be well-educated and articulate. Finally, the court noted that the evidence in the case was not likely to be conflicting. We have reviewed the record and agree with the district court’s assessment; accordingly, the district court did not abuse its discretion in denying Castro appointed counsel.

Castro next challenges the district court’s dismissal of three of his statutory claims: (1) that the defendants’ actions violated the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. § 3001 et seq.; (2) that the defendants violated his civil rights under 42 U.S.C. § 1983; and (3) the defendants violated Texas Health & Safety Code § 711.001 et seq. 2 The NAGPRA establishes rights of tribes and lineal descendants to obtain repatriation of human remains and cultural items from federal agencies and museums, and protects human remains and cultural items found in federal public lands and tribal lands. See NAGPRA, 25 U.S.C. § 3001 et seq. The Act grants the district courts “the authority to issue such orders as may be necessary to enforce the provisions of [the Act].” 25 U.S.C. § 3013. Despite this broad enforcement power, the district court correctly held that Castro’s claims suffer from a fundamental flaw — that the human remains were found on municipal rather than federal or tribal land. By its plain terms, the reach of the NAGPRA is limited to “federal or tribal lands.” 25 U.S.C. § 3002(a). It is undisputed that the remains in this case were found on the land of the City of Universal City. The fact that the U.S. Army Corps of Engineers, a federal agency, was involved in a supervisory role with the Texas Antiquities Commission does not convert the land into “federal land” within the meaning of the statute.

We also note our agreement with the district court’s conclusion that Castro’s requested $100 million in monetary damages is inappropriate under the NAGPRA. The NAGPRA exists to give protection to Native American artifacts, cultural items,[*355] and other such objects “having ongoing historical, traditional, or cultural importance central to the Native American group or culture itself, rather than property owned by an individual Native American.” 25 U.S.C. § 3001(3)(D). The Act does not provide grounds for recovery of monetary damages for individuals who allege Native American ancestry.

Castro next challenges the district court’s dismissal of his § 1983 claims. As to the non-governmental defendants, the district court was clearly correct that there is no § 1983 liability because Castro did not plead that any of the non-governmental defendants acted in concert with any governmental entity to deprive him of his rights. See, e.g., Daniel v. Ferguson, 839 F.2d 1124, 1128 (5th Cir.1988). The district court was also correct in dismissing the allegations against all of the municipal officers and two of the employees of the Corps of Engineers in their official capacities, as these allegations duplicate claims against the respective governmental entities themselves. See, e.g., Flores v. Cameron County, Tex., 92 F.3d 258, 261 (5th Cir.1996). Finally, we affirm the grant of qualified immunity to all government defendants sued in their individual capacities. Castro’s allegations are conclusional and provide no specific details about the involvement of the individual defendants. See Blackburn v. City of Marshall, 42 F.3d 925, 931 (5th Cir.1995).

The district court did not specifically address the dismissal of Castro’s § 1983 claims against Universal City and Selma. Castro is correct that municipalities do not enjoy immunity from suit. See Leatherman v. Tarrant County, 507 U.S. 163, 166, 113 S.Ct. 1160, 1162, 122 L.Ed.2d 517 (1993). But Castro has not alleged that an official municipal policy, practice, or custom led to a violation of his constitutional rights. See Piotrowski v. City of Houston, 237 F.3d 567, 579 (5th Cir.2001). Accordingly, we affirm the district court’s dismissal of his § 1983 claims against the cities.

Finally, Castro challenges the district court’s dismissal of some of his state law claims. Castro alleges a violation of Texas Health & Safety Code § 711.001 et seq., the Texas statutory provisions dealing with the protection of cemeteries. Section 711.001(2) defines a “cemetery” as “a place that is used or intended to be used for interment, and includes a graveyard, burial park, or mausoleum.” Castro’s allegation that the oral history of the Lipan Apache establishes the Universal City land as a burial ground is not sufficient to convert the land into a “cemetery” for purposes of the statute because Castro has not alleged that the land was publicly dedicated as a cemetery, that the land was enclosed for use as a cemetery, or that the land even if once used for burial purposes has not been abandoned. See Tex. Health & Safety Code § 711.034; Smallwood v. Midfield Oil Co., 89 S.W.2d 1086, 1090 (Tex.Civ.App.1935); Damon v. State, 52 S.W.2d 368, 370 (Tex.Com.App.1932).

AFFIRMED.

1

. Castro also contends that the district court erred in denying his in forma pauperis motion, but no such motion appears in the record.

2

. The following issues not briefed by Castro on appeal are treated as abandoned: the district court’s refusal to allow him to proceed on behalf of the Lipan Apaches as a whole, the American Antiquities Act claim, the National Historic Preservation Act claim, the Archeological and Historic Preservation Act claim, the American Indian Religious Freedom Act claim, the Antiquities Code of Texas, and the Natural Resources Code claim. See Grant v. Cuellar, 59 F.3d 523, 524 (5th Cir.1995) ("Although we liberally construe briefs of pro se litigants and apply less stringent standards to parties proceeding pro se than to parties represented by counsel, pro se parties must still brief the issues and reasonably comply with the standards of Rule 28.”).