Amanda R. Burch
How Judge Burch decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Qualified immunity: she analyzes the two prongs separately and will recommend dismissal on the 'clearly established' prong even where the plaintiff has plausibly pleaded a constitutional violation. For prisoner excessive-force-by-handcuffing claims she reads Fifth Circuit precedent narrowly -- brief tight handcuffing during transport of a verbally-resistant inmate is not 'beyond debate' unconstitutional.
“even accepting that Denelsbeck has stated a claim and assuming Delacruz had impure motive, existing precedent does not support the finding that Delacruz's actions were objectively unreasonable. ... Delacruz is entitled to qualified immunity, and Denelsbeck's remaining claim should be dismissed.”
Sovereign immunity / capacity analysis: she carefully splits a sec.1983 claim by capacity and relief -- official-capacity claims for money damages and retrospective declaratory relief are barred (12(b)(1), without prejudice), while prospective injunctive relief survives immunity but must still state a violation; individual-capacity claims require pleaded personal involvement and an identified policy.
“Barron's official-capacity claims against McLane for monetary relief and retrospective declaratory relief are barred by sovereign immunity, while his claims for prospective injunctive relief are not. Even so, Barron has not pleaded sufficient facts to state a violation of federal or constitutional law.”
Jurisdiction-first discipline with pro se plaintiffs: she confirms subject-matter jurisdiction before reaching the merits or interim relief, gives a pro se plaintiff a chance to amend / cure, and dismisses WITHOUT prejudice for jurisdictional defects or failure to prosecute -- but WITH prejudice on a fully-briefed merits/immunity loss.
“even affording Hereford's complaint a liberal construction, he has not demonstrated that the Court has subject-matter jurisdiction. The undersigned therefore recommends the district judge deny Hereford's TRO and dismiss the complaint without prejudice for lack of subject-matter jurisdiction.”
Motion outcomes
Counted from classified signed orders only. Percentages are shown only where the sample is large enough to be meaningful; smaller samples are reported as raw counts.
| Motions to dismiss N = 2 |
Granted: 1Granted in part: 1 | counts only |
| Social security appeal N = 1 |
Denied: 1 | counts only |
A "1 of 1" is one ruling, not a tendency. Treat small samples as illustrative, not predictive.
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
FCR (Burch, signer). Pro se IFP landlord-tenant dispute (improvements 'in lieu of rent'). Recommended DENY the IFP application and the TRO motion and DISMISS WITHOUT prejudice for lack of subject-matter jurisdiction (complaint pleads only Texas law -- no federal question, no diversity), alternatively dismiss without prejudice under Rule 41(b) for failure to prosecute (no amended complaint, no CM/ECF registration despite warnings). EXCLUDED from motion stats (operative disposition is a sua sponte IFP/jurisdictional screening dismissal; the plaintiff's own TRO/IFP/quo-warranto motions denied as part of it). Grounding quote: 'the undersigned RECOMMENDS that the United States District Judge: (1) deny Hereford's IFP application ...; (2) deny his motion for TRO ...; and (3) dismiss his complaint without prejudice.' Shows her jurisdiction-first discipline: a court must confirm subject-matter jurisdiction before reaching a TRO.
“the undersigned recommends that the United States District Judge (1) GRANT-in-part McLane's Rule 12(b)(1) motion and dismiss without prejudice Barron's official-capacity claims against McLane for money damages and retrospective declaratory relief; and (2) GRANT McLane's Rule 12(b)(6) motion and dismiss with prejudice Barron's claims against McLane in her official capacity for injunctive relief and those against McLane in her individual capacity.”
“the undersigned recommends that the United States District Judge GRANT Delacruz's motion to dismiss and DISMISS Denelsbeck's claim for excessive force with prejudice.”
“United States Magistrate Judge Amanda R. Burch made findings, conclusions and a recommendation in this case. No objections were filed. ... the Court accepts the Findings, Conclusions and Recommendation of the United States Magistrate Judge. The Commissioner's decision is AFFIRMED. Accordingly, the Court hereby ORDERS that the case is DISMISSED with prejudice.”