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AUSTIN - A U.S. Magistrate issued a report recommending that Austin-based federal judge Lee Yeakel dismiss a pediatrician s lawsuit against Adult Protective Services, concerning her elderly mother who died under court-appointed guardianship.
Dr. Sheila Owens Collins sued the Texas Department of Family and Protective Services (TDFPS), her niece Aisha Ross, and Adult Protective Services (APS) Executive Director Jaimie Masters in the Texas Western District Court, accusing the state agency of violating the U.S. Constitution under 42 U.S.C. § 1985 and 42 U.S.C. § 1983.
“TDFPS argues that Plaintiff’s constitutional claims under § 1983 are barred by sovereign immunity,” wrote U.S. Magistrate Judge Susan Hightower in her Feb. 9 Report and Recommendation. “The Court agrees.”