AUSTIN, Texas, A homeless man has filed a civil suit against the City of Austin and Mayor Kirk Watson, claiming he was kicked out of a nursing home while trying to spend time with his dying brother. The lawsuit centers on an encounter the plaintiff says unfolded on Nov. 11, 2024, when multiple Austin Police Department officers escorted him out during visiting hours. He says his brother was later moved to another facility and died on Dec. 30, 2024.
What the lawsuit says
Mark Thomas Cave told CBS Austin he had been feeding and caring for his brother at the facility every day for 23 days when six APD officers ordered him to leave. "I was expelled from the building," Cave said. The lawsuit alleges the removal was driven by discrimination because he is homeless and gay. According to the station, Cave has filed multiple suits against the city in the past as part of what he describes as an effort to obtain accountability from local officials.
Case filings and claims
Court records show Cave's suit was removed to federal court on April 18, and that the original complaint alleges officers forcefully removed him from the nursing home during visiting hours. The complaint initially brought state-law counts for discrimination and wrongful ejection. An amended complaint later added federal claims under 42 U.S.C. § 1983, asserting violations of the First, Fourth, and Fourteenth Amendments, according to Justia Dockets & Filings. The docket also notes a series of motions from Cave as he sought to join additional defendants and further amend his filings.
City response and plaintiff background
CBS Austin reported that the City of Austin was contacted for comment, but had not provided a public response by the time of its story. Cave told the station his steady stream of legal filings is part of an effort to hold officials accountable. He described being "unfairly unofficially separated" from his brother during the final weeks of his life.
Where the case stands
As per Justia, a magistrate judge issued a report and recommendation, and the district judge adopted it, granting the defendants' motion to dismiss and closing the case on Oct. 10, 2025. The federal docket shows Cave continued filing notices and motions after the dismissal, with a flurry of post-judgment submissions recorded in October. The court's order and related entries remain available on the federal docket.
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