A federal magistrate judge has recommended allowing several constitutional claims against two Jeff Davis County law enforcement officials to move forward, including allegations of excessive force, civil rights conspiracy and retaliation connected to the arrest and detention of publisher David Flash.
In a report and recommendation filed June 17, U.S. Magistrate Judge David B. Fannin recommended granting in part and denying in part motions to dismiss filed by Chief Deputy Adriana Ruiloba and Deputy Joseph Giesbrecht in the federal civil rights lawsuit Flash v. Jeff Davis County et al.
If adopted by U.S. District Judge David Counts, the recommendation would allow significant portions of the lawsuit against both deputies to proceed toward discovery.
According to the recommendation, Ruiloba’s motion to dismiss should be denied as to claims alleging First Amendment retaliation, excessive force, false arrest, civil rights conspiracy and related state-law violations.
The recommendation states that Giesbrecht’s motion should be denied as to claims alleging excessive force, civil rights conspiracy, state-law violations and a bystander liability claim related to the use of force.
The lawsuit stems in part from a June 27, 2025 incident at a Jeff Davis County Commissioners Court meeting where Flash was photographing and livestreaming a public meeting when he was taken to the ground, handcuffed and detained.
According to the complaint, the actions taken by county officials violated constitutional protections and were part of a broader pattern of retaliation connected to journalism, public-records requests and reporting on local government.
Judge Fannin recommended dismissing some claims against the deputies.
The magistrate judge recommended dismissal without prejudice of malicious prosecution and official-capacity claims against Ruiloba. The recommendation also calls for dismissal of a bystander liability claim against Giesbrecht to the extent it is based on allegations of false arrest.
However, the recommendation would preserve many of the lawsuit’s core allegations against both deputies.
The ruling is not final and remains subject to review by Counts.
Still, the recommendation represents a significant development in the case because it rejects the deputies’ efforts to have the lawsuit dismissed in its entirety before evidence is exchanged through discovery.
If adopted, the ruling would permit attorneys to seek documents, communications, recordings and sworn testimony related to the allegations.
Wednesday’s recommendation is one of several recent rulings addressing motions to dismiss filed by defendants in the case. Earlier the same day, Judge Fannin also recommended allowing key constitutional claims against Jeff Davis County Judge Curtis Evans to proceed.
Additional motions filed by other defendants remain pending before the court.
The case remains active in the U.S. District Court for the Western District of Texas.
