Case: Galloway v. Delgado

1:07-cv-00276 | U.S. District Court for the Western District of Texas

Filed Date: April 10, 2007

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On April 10, 2007, attorneys with the Texas Civil Rights Project filed this class action lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court Western District of Texas. The plaintiffs challenged the treatment of juveniles in the custody of the Texas Youth Commission (TYC). The plaintiffs alleged that the TYC routinely and daily violated the constitutional rights of children incarcerated in TYC facilities and "relegated their youthful lives to a living hell." The plaintiffs asserted…

On April 10, 2007, attorneys with the Texas Civil Rights Project filed this class action lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court Western District of Texas. The plaintiffs challenged the treatment of juveniles in the custody of the Texas Youth Commission (TYC). The plaintiffs alleged that the TYC routinely and daily violated the constitutional rights of children incarcerated in TYC facilities and "relegated their youthful lives to a living hell." The plaintiffs asserted claims for: denial of due process; lack of access to courts; forced self incrimination; failure to protect; excessive force; sexual assault; failure to provide medical treatment; retaliation for exercising right to free speech; violations of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12111 et seq. and Section 504 (Rehabilitation Act), 29 U.S.C. § 701. The plaintiffs sought declaratory and injunctive relief, as well as class certification. The complaint was amended on May 5, 2007, to name additional plaintiffs.

On November 19, 2007, A.B., one of the individually named plaintiffs, moved for a preliminary injunction to prevent the TYC from requiring him to confess to his alleged crime as a condition of completion of its sex offender treatment program and release from custody. A.B., who maintained his innocence of an attempted rape charge, asserted that the program violated his Fifth Amendment right against self-incrimination, as the appeal in his criminal case was still pending.

On April 11, 2008, the parties reached a settlement agreement through mediation. According to the Texas Civil Rights Project, TYC agreed to pay $625,000 and to make extensive changes to facilities and policies outlined in a nine page document.

Summary Authors

Dan Dalton (11/27/2007)

Erin Pamukcu (2/20/2016)

People


Judge(s)

Yeakel, Earl Leroy III (Texas)

Attorneys(s) for Plaintiff

Courtney, Geoffrey N. (Texas)

Edwards, Jeffrey S. (Texas)

Harrington, James C (Texas)

Krause, Wayne Nicholas (Texas)

Medlock, Scott Charles (Texas)

Ozmun, Scott (Texas)

Tolliver, Sheri Joy Nasya (Texas)

Attorneys(s) for Defendant

Alexander, Richard W. (Texas)

Brown, Jay W. (Texas)

Judge(s)

Yeakel, Earl Leroy III (Texas)

Attorneys(s) for Plaintiff

Courtney, Geoffrey N. (Texas)

Edwards, Jeffrey S. (Texas)

Harrington, James C (Texas)

Krause, Wayne Nicholas (Texas)

Medlock, Scott Charles (Texas)

Ozmun, Scott (Texas)

Tolliver, Sheri Joy Nasya (Texas)

Attorneys(s) for Defendant

Alexander, Richard W. (Texas)

Brown, Jay W. (Texas)

Cabaniss, Boyce C. (Texas)

Cole, Jodi Callaway (Texas)

Erwin, Lori K (Texas)

Fons, Lynette Kay (Texas)

Hagen, Lars (Texas)

Huntsinger, Randall (Texas)

Kilday, G. Douglas (Texas)

Lee, Kevin F (Texas)

Merica, Jo Ann (Texas)

Saegert, Joshua D (Texas)

Welborn, Amy Catherine (Texas)

Yeomans, Richard D. (Texas)

Expert/Monitor/Master

Coates, Will (Texas)

Documents in the Clearinghouse

Document

1:07-cv-00276

Docket (PACER)

Dec. 30, 2010

Dec. 30, 2010

Docket
4

1:07-cv-00276

Complaint

April 13, 2007

April 13, 2007

Complaint
67

1:07-cv-00276

Plaintiff Brockway's Motion for Preliminary Injunction

Nov. 19, 2007

Nov. 19, 2007

Pleading / Motion / Brief
129

1:07-cv-00276

Order

Galloway v. Pope

Feb. 5, 2008

Feb. 5, 2008

Order/Opinion
132

1:07-cv-00276

Plaintiff's Third Amended Complaint

Galloway v. Texas Youth Commission

Feb. 20, 2008

Feb. 20, 2008

Complaint
135

1:07-cv-00276

Notice of Settlement, and Joint Motion of All Plaintiffs and Defendant Texas Youth Commission to Remove Pending Deadline, Extend the Stay, and Schedule Status Conference

Galloway v. Texas Youth Commission

April 11, 2008

April 11, 2008

Pleading / Motion / Brief
154

1:07-cv-00276

Final Judgment

Galloway v. Texas Youth Commission

Nov. 4, 2008

Nov. 4, 2008

Order/Opinion
160

1:07-cv-00276

Order Allowing Withdrawal of Funds from the Registry of the Court

Galloway v. Texas Youth Commission

Jan. 26, 2009

Jan. 26, 2009

Order/Opinion

Resources

Docket

Last updated Aug. 12, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

MOTION to Proceed in forma pauperis by Joseph Galloway. Complaint received (copies of complaint for service on shelf.) (tdk, ) (Entered: 04/10/2007)

April 10, 2007

April 10, 2007

MOTION REFERRED: referred 1 MOTION to Proceed in forma pauperis to Judge Pitman. (tdk, ) (Entered: 04/11/2007)

April 10, 2007

April 10, 2007

2

ORDER granting 1 Motion for Leave to Proceed in forma pauperis and directing service. Signed by Judge Robert Pitman. (mh, ) (Entered: 04/13/2007)

April 13, 2007

April 13, 2007

Motions No Longer Referred: 1 MOTION to Proceed in forma pauperis (mh, ) (Entered: 04/13/2007)

April 13, 2007

April 13, 2007

4

COMPLAINT filed by Joseph Galloway.(dm, ) (Entered: 04/17/2007)

April 13, 2007

April 13, 2007

3

NOTICE of Attorney Appearance by Scott Medlock on behalf of Joseph Galloway (Medlock, Scott) (Entered: 04/16/2007)

April 16, 2007

April 16, 2007

5

Summons Issued as to FNU Shacklefield, FNU Rangel, FNU Trevino, Manuel Torres, FNU Briggs, FNU Watson, Robert McQueen, Veronica Gagne, Don Brantley, Linda Reyes, Dwayne Harris, Dwight Harris, Bart Caldwell, J. McDaniels, FNUq Kitchens, Teri Wilson, Geraldo Penuelsa, Don Freeman, Blu Nicholson, Jerome Parsee, Lydia Bernard, Chester Clay, Kerri Davidson, Ed Owens, Stacey Delgado, FNU Henry, FNU Williams. (dm, ) (Entered: 04/18/2007)

April 17, 2007

April 17, 2007

6

MOTION to Sever by Joseph Galloway. (Attachments: # 1 # 2 # 3)(Medlock, Scott) (Entered: 05/04/2007)

May 4, 2007

May 4, 2007

7

AMENDED COMPLAINT against Don Bethel, Gogi Dickson, Steve Fryar, Patsy Reed Guest, Bill Mahomes, Jr, Juan S. Munoz, FNU Shacklefield, FNU Rangel, FNU Trevino, Manuel Torres, FNU Briggs, FNU Watson, Robert McQueen, Veronica Gagne, Don Brantley, Linda Reyes, Dwayne Harris, Dwight Harris, Bart Caldwell, J. McDaniels, FNUq Kitchens, Teri Wilson, Geraldo Penuelsa, Don Freeman, Blu Nicholson, Jerome Parsee, Lydia Bernard, Chester Clay, Kerri Davidson, Ed Owens, Unknown TYC Staff, Texas Youth Commission, Stacey Delgado, FNU Henry, FNU Williams amending 4 Complaint., filed by Dana Brockway, John Halt, Joseph Galloway.(dm, ) (Entered: 05/07/2007)

May 4, 2007

May 4, 2007

8

NOTICE of Rule 11 Agreement by Joseph Galloway, Dana Brockway, John Halt (Attachments: # 1)(Medlock, Scott) (Entered: 05/30/2007)

May 30, 2007

May 30, 2007

9

NOTICE of Filing Request for U.S. Marshals Service Expenses in Pauper Case (dm, ) (Entered: 06/05/2007)

June 4, 2007

June 4, 2007

10

Summons Returned Unexecuted by Joseph Galloway as to Dwight Harris. (dm, ) Modified on 6/5/2007 to correct filers (dm, ). (Entered: 06/05/2007)

June 4, 2007

June 4, 2007

11

SUMMONS Returned Executed by Joseph Galloway. Don Brantley served on 4/19/2007, answer due 5/9/2007. (dm, ) (Entered: 06/05/2007)

June 4, 2007

June 4, 2007

12

SUMMONS Returned Executed by Joseph Galloway. Jerome Parsee served on 4/27/2007, answer due 5/17/2007. (dm, ) (Entered: 06/05/2007)

June 4, 2007

June 4, 2007

13

SUMMONS Returned Executed by Joseph Galloway. FNU Trevino served on 4/24/2007, answer due 5/14/2007. (dm, ) (Entered: 06/05/2007)

June 4, 2007

June 4, 2007

14

SUMMONS Returned Executed by Joseph Galloway. Bart Caldwell served on 4/23/2007, answer due 5/14/2007. (dm, ) (Entered: 06/05/2007)

June 4, 2007

June 4, 2007

15

SUMMONS Returned Executed by Joseph Galloway. Teri Wilson served on 4/20/2007, answer due 5/10/2007. (dm, ) (Entered: 06/05/2007)

June 4, 2007

June 4, 2007

16

SUMMONS Returned Executed by Joseph Galloway. Manuel Torres served on 4/23/2007, answer due 5/14/2007. (dm, ) (Entered: 06/05/2007)

June 4, 2007

June 4, 2007

17

SUMMONS Returned Executed by Joseph Galloway. Geraldo Penuelsa served on 4/23/2007, answer due 5/14/2007. (dm, ) (Entered: 06/05/2007)

June 4, 2007

June 4, 2007

18

SUMMONS Returned Executed by Joseph Galloway. FNU Rangel served on 4/23/2007, answer due 5/14/2007. (dm, ) (Entered: 06/05/2007)

June 4, 2007

June 4, 2007

19

SUMMONS Returned Executed by Joseph Galloway. FNU Henry served on 4/19/2007, answer due 5/9/2007. (dm, ) (Entered: 06/05/2007)

June 4, 2007

June 4, 2007

20

SUMMONS Returned Executed by Joseph Galloway. Stacey Delgado served on 4/19/2007, answer due 5/9/2007. (dm, ) (Entered: 06/05/2007)

June 4, 2007

June 4, 2007

21

SUMMONS Returned Executed by Joseph Galloway. Lydia Bernard served on 4/19/2007, answer due 5/9/2007. (dm, ) (Entered: 06/05/2007)

June 4, 2007

June 4, 2007

22

SUMMONS Returned Executed by Joseph Galloway. Chester Clay served on 4/19/2007, answer due 5/9/2007. (dm, ) (Entered: 06/05/2007)

June 4, 2007

June 4, 2007

23

SUMMONS Returned Executed by Joseph Galloway. Ed Owens served on 4/19/2007, answer due 5/9/2007. (dm, ) (Entered: 06/05/2007)

June 4, 2007

June 4, 2007

24

SUMMONS Returned Executed by Joseph Galloway. FNU Briggs served on 4/20/2007, answer due 5/10/2007. (dm, ) (Entered: 06/05/2007)

June 4, 2007

June 4, 2007

25

SUMMONS Returned Executed by Joseph Galloway. Kerri Davidson served on 4/19/2007, answer due 5/9/2007. (dm, ) (Entered: 06/05/2007)

June 4, 2007

June 4, 2007

26

SUMMONS Returned Executed by Joseph Galloway. FNU Williams served on 4/19/2007, answer due 5/9/2007. (dm, ) (Entered: 06/05/2007)

June 4, 2007

June 4, 2007

27

SUMMONS Returned Executed by Joseph Galloway. FNU Shacklefield served on 4/19/2007, answer due 5/9/2007. (dm, ) (Entered: 06/05/2007)

June 4, 2007

June 4, 2007

28

SUMMONS Returned Executed by Joseph Galloway. Dwayne Harris served on 4/19/2007, answer due 5/9/2007. (dm, ) (Entered: 06/05/2007)

June 4, 2007

June 4, 2007

29

SUMMONS Returned Executed by Joseph Galloway. Linda Reyes served on 4/19/2007, answer due 5/9/2007. (dm, ) (Entered: 06/05/2007)

June 4, 2007

June 4, 2007

30

SUMMONS Returned Executed by Joseph Galloway. Blu Nicholson served on 4/20/2007, answer due 5/10/2007. (dm, ) (Entered: 06/05/2007)

June 4, 2007

June 4, 2007

31

SUMMONS Returned Executed by Joseph Galloway. FNU Watson served on 4/20/2007, answer due 5/10/2007. (dm, ) (Entered: 06/05/2007)

June 4, 2007

June 4, 2007

32

SUMMONS Returned Executed by Joseph Galloway. Don Freeman served on 4/20/2007, answer due 5/10/2007. (dm, ) (Entered: 06/05/2007)

June 4, 2007

June 4, 2007

33

SUMMONS Returned Executed by Joseph Galloway. J. McDaniels served on 4/20/2007, answer due 5/10/2007. (dm, ) (Entered: 06/05/2007)

June 4, 2007

June 4, 2007

34

SUMMONS Returned Executed by Joseph Galloway. Veronica Gagne served on 4/20/2007, answer due 5/10/2007. (dm, ) (Entered: 06/05/2007)

June 4, 2007

June 4, 2007

36

SUMMONS Returned Executed by Joseph Galloway. Robert McQueen served on 4/20/2007, answer due 5/10/2007. (dm, ) (Entered: 06/05/2007)

June 4, 2007

June 4, 2007

37

ORDER denying 6 Motion to Sever Signed by Judge Lee Yeakel. (dm, ) (Entered: 06/05/2007)

June 5, 2007

June 5, 2007

38

NOTICE of Vacation by Joseph Galloway (Medlock, Scott) (Entered: 06/19/2007)

June 19, 2007

June 19, 2007

39

NOTICE of Attorney Appearance by Jeffrey S. Edwards on behalf of Joseph Galloway Plaintiff's Notice of Appearance of Counsel (Edwards, Jeffrey) (Entered: 07/18/2007)

July 18, 2007

July 18, 2007

40

NOTICE of Rule 11 Agreement by Joseph Galloway, Dana Brockway, John Halt (Attachments: # 1)(Medlock, Scott) (Entered: 07/18/2007)

July 18, 2007

July 18, 2007

41

MOTION to Dismiss by FNU Shacklefield, FNU Trevino, Manuel Torres, FNU Briggs, FNU Watson, Robert McQueen, FNU Henry. (Attachments: # 1 Proposed Order)(Fons, Lynette) (Entered: 09/08/2007)

Sept. 8, 2007

Sept. 8, 2007

42

Unopposed MOTION for Leave to Exceed Page Limitation by Don Brantley, Linda Reyes, Dwight Harris, Kerri Davidson, Ed Owens, Texas Youth Commission, Don Bethel, Gogi Dickson, Steve Fryar, Patsy Reed Guest, Bill Mahomes, Jr, Juan S. Munoz. (Attachments: # 1 Proposed Order Order on Motion for Leave to Exceed the Court's Page Limit)(Kilday, G.) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

43

MOTION to Dismiss all Claims Against Defendants by Don Brantley, Linda Reyes, Dwight Harris, Kerri Davidson, Ed Owens, Texas Youth Commission, Don Bethel, Gogi Dickson, Steve Fryar, Patsy Reed Guest, Bill Mahomes, Jr, Juan S. Munoz. (Attachments: # 1 Proposed Order Order on Motion to Dismiss)(Kilday, G.) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

44

MOTION for Leave to Exceed Page Limitation for Motion to Dismiss by Lydia Bernard, Chester Clay. (Merica, Jo) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

45

MOTION to Dismiss All Claims by Lydia Bernard, Chester Clay. (Merica, Jo) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

46

MOTION to Dismiss by Dwayne Harris, Bart Caldwell, Teri Wilson, Geraldo Penuelsa, Don Freeman, Blu Nicholson, Jerome Parsee. (Attachments: # 1)(Alexander, Richard) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

56

ANSWER to Amended Complaint by FNU Shacklefield, FNU Trevino, Manuel Torres, FNU Briggs, FNU Watson, Robert McQueen, FNU Henry.(td, ) (Entered: 09/11/2007)

Sept. 10, 2007

Sept. 10, 2007

47

DEFICIENCY NOTICE to G. Douglas Kilday: re 42 Unopposed MOTION for Leave to Exceed Page Limitation (td, ) (Entered: 09/11/2007)

Sept. 11, 2007

Sept. 11, 2007

48

DEFICIENCY NOTICE to Jo Ann Merica: re 44 MOTION for Leave to Exceed Page Limitation for Motion to Dismiss (td, ) (Entered: 09/11/2007)

Sept. 11, 2007

Sept. 11, 2007

49

DEFICIENCY NOTICE to Jo Ann America: re 45 MOTION to Dismiss All Claims (td, ) (Entered: 09/11/2007)

Sept. 11, 2007

Sept. 11, 2007

50

DEFICIENCY NOTICE to Richard W. Alexander: re 46 MOTION to Dismiss (td, ) (Entered: 09/11/2007)

Sept. 11, 2007

Sept. 11, 2007

51

CERTIFICATE OF SERVICE by Don Brantley, Linda Reyes, Dwight Harris, Kerri Davidson, Ed Owens, Texas Youth Commission, Don Bethel, Gogi Dickson, Steve Fryar, Patsy Reed Guest, Bill Mahomes, Jr, Juan S. Munoz Amended and Corrected Certificate of Service 42 Unopposed MOTION for Leave to Exceed Page Limitation, 43 MOTION to Dismiss all Claims Against Defendants (Kilday, G.) (Entered: 09/11/2007)

Sept. 11, 2007

Sept. 11, 2007

52

ATTACHMENT Corrected Certificate of Service to 46 MOTION to Dismiss by Dwayne Harris, Bart Caldwell, Teri Wilson, Geraldo Penuelsa, Don Freeman, Blu Nicholson, Jerome Parsee. (Alexander, Richard) (Entered: 09/11/2007)

Sept. 11, 2007

Sept. 11, 2007

54

ATTACHMENT Amended and Corrected Certificate of Service to 44 MOTION for Leave to Exceed Page Limitation for Motion to Dismiss by Lydia Bernard, Chester Clay. (Merica, Jo) (Entered: 09/11/2007)

Sept. 11, 2007

Sept. 11, 2007

55

ATTACHMENT Amended and Corrected Certificate of Service to 45 MOTION to Dismiss All Claims by Lydia Bernard, Chester Clay. (Merica, Jo) (Entered: 09/11/2007)

Sept. 11, 2007

Sept. 11, 2007

57

Unopposed MOTION for Extension of Time to File Response/Reply Plaintiff by Joseph Galloway. (Attachments: # 1 Proposed Order Mtn to Extend Deadlines to Respond)(Edwards, Jeffrey) (Entered: 09/14/2007)

Sept. 14, 2007

Sept. 14, 2007

58

Letter/Correspondence advising attorney Boyce Cabaniss of admission status. (dm, ) (Entered: 09/14/2007)

Sept. 14, 2007

Sept. 14, 2007

59

Unopposed MOTION to Withdraw as Attorney by Don Brantley, Linda Reyes, Dwight Harris, Kerri Davidson, Ed Owens, Texas Youth Commission, Don Bethel, Gogi Dickson, Steve Fryar, Patsy Reed Guest, Bill Mahomes, Jr, Juan S. Munoz. (Kilday, G.) (Entered: 09/18/2007)

Sept. 18, 2007

Sept. 18, 2007

60

ORDER granting 57 Motion for Extension of Time to File Response Signed by Judge Lee Yeakel. (dm, ) (Entered: 09/19/2007)

Sept. 19, 2007

Sept. 19, 2007

61

ORDER granting 59 Motion to Withdraw as Attorney. Signed by Judge Lee Yeakel. (dm, ) (Entered: 09/25/2007)

Sept. 25, 2007

Sept. 25, 2007

62

ORDER granting 44 Motion for Leave to File Excess Pages Signed by Judge Lee Yeakel. (dm, ) (Entered: 09/25/2007)

Sept. 25, 2007

Sept. 25, 2007

63

ORDER granting 53 Motion for Leave to File Excess Pages Signed by Judge Lee Yeakel. (dm, ) (Entered: 09/25/2007)

Sept. 25, 2007

Sept. 25, 2007

64

ORDER granting 42 Motion for Leave to File Excess Pages Signed by Judge Lee Yeakel. (dm, ) (Entered: 09/25/2007)

Sept. 25, 2007

Sept. 25, 2007

65

Agreed MOTION for Extension of Time to File Motion for Class Certification by Dana Brockway, John Halt. (Attachments: # 1 Proposed Order)(Courtney, Geoffrey) (Entered: 10/24/2007)

Oct. 24, 2007

Oct. 24, 2007

66

ORDER granting in part and denying in part 65 Motion for Extension of Time to File Signed by Judge Lee Yeakel. (dm, ) (Entered: 11/07/2007)

Nov. 7, 2007

Nov. 7, 2007

67

MOTION for Preliminary Injunction by Dana Brockway. (Attachments: # 1 Proposed Order)(Courtney, Geoffrey) (Entered: 11/19/2007)

Nov. 19, 2007

Nov. 19, 2007

68

Unopposed MOTION to Seal re 67 MOTION for Preliminary Injunction by Dana Brockway. (Attachments: # 1 Proposed Order)(Courtney, Geoffrey) (Entered: 11/19/2007)

Nov. 19, 2007

Nov. 19, 2007

69

Unopposed MOTION for Extension of Time to File Response/Reply UNOPPOSED MOTION TO EXTEND THEIR DEADLINES by Joseph Galloway. (Attachments: # 1)(Edwards, Jeffrey) (Entered: 11/19/2007)

Nov. 19, 2007

Nov. 19, 2007

70

REDACTED EXHIBITS to # 67 Motion for Preliminary Injunction by Dana Brockway. (Attachments: # 1 Exhibit)(dm, ) (Entered: 11/21/2007)

Nov. 20, 2007

Nov. 20, 2007

71

MOTION to Dismiss by J. McDaniels, FNU Kitchens. (dm, ) (Entered: 11/21/2007)

Nov. 21, 2007

Nov. 21, 2007

72

Unopposed MOTION for Extension of Time to File Response/Reply Plaintiff's Unopposed Motion to Extend Their Deadline to Respond to Defendants' Kitchen and McDaniel's Special Appearance by Joseph Galloway. (Attachments: # 1)(Edwards, Jeffrey) (Entered: 11/28/2007)

Nov. 28, 2007

Nov. 28, 2007

74

ORDER granting 73 Motion for Extension of Time to File Response/Reply Signed by Judge Lee Yeakel. (jg3, ) (Entered: 12/04/2007)

Dec. 4, 2007

Dec. 4, 2007

75

ORDER granting 72 Motion for Extension of Time to File Response/Reply Signed by Judge Lee Yeakel. (jg3, ) (Entered: 12/05/2007)

Dec. 5, 2007

Dec. 5, 2007

76

Unopposed MOTION for Leave to File Plaintiffs' Unopposed Motion for Leave to File Thier Second Amended Complaint and For Dismiss without Prejudice by Joseph Galloway. (Attachments: # 1 # 2)(Edwards, Jeffrey) (Entered: 12/06/2007)

Dec. 6, 2007

Dec. 6, 2007

77

Unopposed MOTION for Leave to File Plaintiffs' Corrected Unopposed Motion for Leave to File Thier Second Amended Complaint and For Dismissal without Prejudice of Class Representative, John Halt, As Next Friend of D.H. by Joseph Galloway. (Attachments: # 1 # 2)(Edwards, Jeffrey) (Entered: 12/06/2007)

Dec. 6, 2007

Dec. 6, 2007

78

ORDER granting 69 Motion for Extension of Time to File Response/Reply Signed by Judge Lee Yeakel. (td, ) (Entered: 12/06/2007)

Dec. 6, 2007

Dec. 6, 2007

79

Agreed MOTION to Dismiss Plaintiffs and Defendants Joint Agreed Motion for Defendants to Withdraw Their Motions to Dismiss All Claims for Mootness and to Clarify Deadline to Answer for File Motions Pursuant to Rule 12 (b) by Joseph Galloway. (Attachments: # 1)(Edwards, Jeffrey) (Entered: 12/07/2007)

Dec. 7, 2007

Dec. 7, 2007

80

Unopposed MOTION to Substitute Attorney by FNU Trevino, Manuel Torres, FNU Henry. (Attachments: # 1 Proposed Order Granting Motion to Substitute)(Lee, Kevin) (Entered: 12/10/2007)

Dec. 10, 2007

Dec. 10, 2007

81

Agreed MOTION to Withdraw Plaintiffs and Defendants Lydia Bernard and Chester Clay's Joint Agreed Motion for Defendants to Withdraw Their Motions to Dismiss All Claims for Mootness and to Clarify Deadline to Answer or File Motions Pursuant to Rule 12 (b) by Joseph Galloway. (Attachments: # 1)(Edwards, Jeffrey) (Entered: 12/10/2007)

Dec. 10, 2007

Dec. 10, 2007

82

Unopposed MOTION for Leave to Exceed Page Limitation Plaintiffs' Unopposed Motion for Leave to Exceed Page Limit in Their Response to Defendants Shackelford, Trevino, Torres, Briggs, Watson, Hengry and McQueen's Motion to Dismiss Pursuant to 12(b)(6) by Joseph Galloway. (Attachments: # 1)(Edwards, Jeffrey) (Entered: 12/10/2007)

Dec. 10, 2007

Dec. 10, 2007

83

RESPONSE to Motion, filed by Joseph Galloway, re 41 MOTION to Dismiss filed by Defendant Manuel Torres, Defendant Robert McQueen, Defendant FNU Henry, Defendant FNU Watson, Defendant FNU Briggs, Defendant FNU Trevino, Defendant FNU Shacklefield Plaintiff Joseph Galloway's Response to Defendants' Shackelford, Trevino, Torres, Briggs, Watson, Henry and McQeen's Motion to Dismiss Pursuant to Rule 12(b)(6) (Attachments: # 1 # 2)(Edwards, Jeffrey) (Entered: 12/10/2007)

Dec. 10, 2007

Dec. 10, 2007

84

ORDER granting 82 Motion for Leave to File Excess Pages. Signed by Judge Lee Yeakel. (dm, ) (Entered: 12/12/2007)

Dec. 12, 2007

Dec. 12, 2007

85

ORDER Setting Hearing on 77 Unopposed MOTION for Leave to File Plaintiffs' Corrected Unopposed Motion for Leave to File Thier Second Amended Complaint and For Dismissal without Prejudice of Class Representative, John Halt, As Next Friend of D.H., 79 Agreed MOTION to Dismiss Plaintiffs and Defendants Joint Agreed Motion for Defendants to Withdraw Their Motions to Dismiss All Claims for Mootness and to Clarify Deadline to Answer for File Motions Pursuant to Rule 12 (b) Agreed MOTION to Dismiss Plaintiffs and Defendants Joint Agreed Motion for Defendants to Withdraw Their Motions to Dismiss All Claims for Mootness and to Clarify Deadline to Answer for File Motions Pursuant to Rule 12 (b) , 76 Unopposed MOTION for Leave to File Plaintiffs' Unopposed Motion for Leave to File Thier Second Amended Complaint and For Dismiss without Prejudice, 80 Unopposed MOTION to Substitute Attorney, 81 Agreed MOTION to Withdraw Plaintiffs and Defendants Lydia Bernard and Chester Clay's Joint Agreed Motion for Defendants to Withdraw Their Motions to Dismiss All Claims for Mootness and to Clarify Deadline to Answer or File Motions Pursuant to Ru : Motion Hearing set for 12/20/2007 10:30 AM before Honorable Lee Yeakel. Signed by Judge Lee Yeakel. (dm, ) (Entered: 12/12/2007)

Dec. 12, 2007

Dec. 12, 2007

86

MOTION to Substitute Attorney Joshua Saegert and Jodi Cole by FNU Briggs. (Cole, Jodi) (Entered: 12/12/2007)

Dec. 12, 2007

Dec. 12, 2007

87

MOTION to Substitute Attorney Joshua Saegert and Jodi Cole by FNU Shacklefield. (Cole, Jodi) (Entered: 12/12/2007)

Dec. 12, 2007

Dec. 12, 2007

88

MOTION to Substitute Attorney Joshua Saegert and Jodi Cole by Robert McQueen. (Cole, Jodi) (Entered: 12/12/2007)

Dec. 12, 2007

Dec. 12, 2007

89

MOTION to Substitute Josh Saegert and Jodi Cole by FNU Watson. (Cole, Jodi) (Entered: 12/12/2007)

Dec. 12, 2007

Dec. 12, 2007

90

NOTICE TO THE COURT BY UTMB DEFENDANTS by J. McDaniels, FNUq Kitchens (Hagen, Lars) (Entered: 12/17/2007)

Dec. 17, 2007

Dec. 17, 2007

91

RESPONSE to Motion, filed by Joseph Galloway, re 71 MOTION to Dismiss filed by Defendant FNUq Kitchens, Defendant J. McDaniels (Attachments: # 1 Exhibit Exhibits to Response to Defendants Kitchens' and McDaniels' Special Appearance and Motion to Dismiss for Lack of Service# 2 Proposed Order Order)(Edwards, Jeffrey) (Entered: 12/17/2007)

Dec. 17, 2007

Dec. 17, 2007

92

RESPONSE to Motion, filed by Joseph Galloway, re 71 MOTION to Dismiss filed by Defendant FNUq Kitchens, Defendant J. McDaniels (Attachments: # 1 Exhibit Exhibits to Response to Defendants Kitchens' and McDaniels' Special Appearance and Motion to Dismiss for Lack of Service)(Edwards, Jeffrey) (Entered: 12/17/2007)

Dec. 17, 2007

Dec. 17, 2007

93

Minute Entry for proceedings held before Judge Lee Yeakel : Motion Hearing held on 12/20/2007 re 76 Unopposed MOTION for Leave to File Plaintiffs' Unopposed Motion for Leave to File Thier Second Amended Complaint and For Dismiss without Prejudice filed by Joseph Galloway, 80 Unopposed MOTION to Substitute Attorney filed by Manuel Torres, FNU Henry, FNU Trevino, 81 Agreed MOTION to Withdraw Plaintiffs and Defendants Lydia Bernard and Chester Clay's Joint Agreed Motion for Defendants to Withdraw Their Motions to Dismiss All Claims for Mootness and to Clarify Deadline to Answer or File Motions Pursuant to Ru filed by Joseph Galloway, 79 Agreed MOTION to Dismiss Plaintiffs and Defendants Joint Agreed Motion for Defendants to Withdraw Their Motions to Dismiss All Claims for Mootness and to Clarify Deadline to Answer for File Motions Pursuant to Rule 12 (b)Agreed MOTION to Dismiss Plaintiffs and Defendants Joint Agreed Motion for Defendants to Withdraw Their Motions to Dismiss All Claims for Mootness and to Clarify Deadline to Answer for File Motions Pursuant to Rule 12 (b) filed by Joseph Galloway, 77 Unopposed MOTION for Leave to File Plaintiffs' Corrected Unopposed Motion for Leave to File Thier Second Amended Complaint and For Dismissal without Prejudice of Class Representative, John Halt, As Next Friend of D.H. filed by Joseph Galloway (Minute entry documents are not available electronically.). (Court Reporter Kathy Carroll.)(dm, ) (Entered: 12/20/2007)

Dec. 20, 2007

Dec. 20, 2007

94

ORDER withdrawing 41 Motion to Dismiss ; withdrawing 43 Motion to Dismiss ; withdrawing 45 Motion to Dismiss ; withdrawing 46 Motion to Dismiss ; withdrawing 71 Motion to Dismiss ; granting 76 Motion for Leave to File; granting 77 Motion for Leave to File; granting 79 Motion to Dismiss ; granting 80 Motion to Substitute Attorney. ; granting 81 Motion to Withdraw ; granting 86 Motion to Substitute Attorney. ; granting 87 Motion to Substitute Attorney. ; granting 88 Motion to Substitute Attorney. ; granting 89 Motion to Substitute. Signed by Judge Lee Yeakel. (dm, ) (Entered: 12/21/2007)

Dec. 21, 2007

Dec. 21, 2007

95

Response in Opposition to Motion, filed by Texas Youth Commission, re 67 MOTION for Preliminary Injunction filed by Plaintiff Dana Brockway (Attachments: # 1 Exhibit Exhibits 1−4# 2 Proposed Order Order)(Kilday, G.) (Entered: 12/21/2007)

Dec. 21, 2007

Dec. 21, 2007

97

Unopposed MOTION for Extension of Time to File Reply Concerning Preliminary Injunction by Dana Brockway. (Attachments: # 1 Proposed Order)(Courtney, Geoffrey) (Entered: 12/31/2007)

Dec. 31, 2007

Dec. 31, 2007

98

ORDER granting 97 Motion for Extension of Time to File. Signed by Judge Lee Yeakel. (dm, ) (Entered: 01/03/2008)

Jan. 2, 2008

Jan. 2, 2008

99

MOTION for Leave to Exceed Page Limitation by Dana Brockway. (dm, ) (Entered: 01/09/2008)

Jan. 8, 2008

Jan. 8, 2008

100

MOTION to Seal Exhibits in Support of Reply to Response to Motion for Preliminary Injunction by Dana Brockway. (dm, ) (Entered: 01/09/2008)

Jan. 8, 2008

Jan. 8, 2008

101

(REDACTED) REPLY to Response to Motion, filed by Dana Brockway, re 67 MOTION for Preliminary Injunction filed by Plaintiff Dana Brockway. (Attachments: # 1 Exhibit)(dm, ) (Entered: 01/09/2008)

Jan. 8, 2008

Jan. 8, 2008

102

ORDER granting 68 Motion to Seal Documents. Signed by Judge Lee Yeakel. (dm, ) (Entered: 01/15/2008)

Jan. 15, 2008

Jan. 15, 2008

Case Details

State / Territory: Texas

Case Type(s):

Juvenile Institution

Special Collection(s):

Strip Search Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: April 10, 2007

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All individuals currently, or who were recently, in the custody of the Texas Youth Commission (TYC).

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Texas Youth Commission, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

Constitutional Clause(s):

Self-incrimination

Cruel and Unusual Punishment

Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Access to lawyers or judicial system

Aggressive behavior

Assault/abuse by residents/inmates/students

Assault/abuse by staff

Classification / placement

Confidentiality

Disciplinary procedures

Grievance Procedures

Mail

Over/Unlawful Detention

Rehabilitation

Sex offender regulation

Sexual abuse by residents/inmates

Sex w/ staff; sexual harassment by staff

Strip search policy

Suicide prevention

Totality of conditions

Visiting

Discrimination-basis:

Disability (inc. reasonable accommodations)

Affected Gender:

Female

Male

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run