Madelyn Marina Quiroz, et al. v. Eduardo Hernandez, et al.

Beaumont, Texas, personal injury lawyers represented the Plaintiff on auto negligence and civil rights violation claims.

Before Southwick, Higginson, and Douglas, Circuit Judges.
Per Curiam:
The petition for rehearing is DENIED. We withdraw the prior
opinion, reported at 163 F.4th 222 (5th Cir. 2025), and substitute the
following.
This case arises out of a serious car accident involving the reckless
driving of two teenagers. Appellant Madelyn Marina Quiroz and her mother
Marina Naomi Hernandez Quiroz challenge the district court’s dismissal of
all of their claims against twenty-three named defendants.1 The district court
adopted the Magistrate Judge’s report and recommendation and dismissed
Appellants’ claims against all defendants with prejudice, with the exception
of Eduardo Hernandez, whose claims were dismissed without prejudice. The
district court described the Second Corrected Amended Complaint (the
“Operative Complaint”) as “riddled with pleading deficiencies, difficult to
decipher throughout, and replete with vague, conclusory allegations.” 2
Nevertheless, the district court was able to discern multiple claims relating
to the alleged negligence of first responders and private parties, as well as
discrimination claims arising under 42 U.S.C. § 1983 against various city
officials related to their handling of the post-accident investigation. Madelyn nd her mother now appeal the ruling of the district court, arguing that they
should be given a chance to replead for a fourth time to address these
deficiencies.

Additionally, they argue that the district court erred in its
dismissal of all defendants. Having found no error or abuse of discretion, we AFFIRM.