Case: Trojcak v. United States of America

1:08-cv-00593 | U.S. District Court for the Eastern District of Texas

Filed Date: Oct. 8, 2008

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On October 8, 2008, 47 prisoners filed a complaint under the Federal Tort Claims Act, 28 U.S.C. § 1346, against the federal government, in the U.S. District Court for the Eastern District of Texas. Plaintiffs alleged that as a result of Hurricane Rita they were subject to inhumane and unsanitary conditions of confinement. Plaintiffs also alleged that the conditions under which they were employed at a UNICOR factory manufacturing Kevlar helmets for a Department of Defense contract were similarly…

On October 8, 2008, 47 prisoners filed a complaint under the Federal Tort Claims Act, 28 U.S.C. § 1346, against the federal government, in the U.S. District Court for the Eastern District of Texas. Plaintiffs alleged that as a result of Hurricane Rita they were subject to inhumane and unsanitary conditions of confinement. Plaintiffs also alleged that the conditions under which they were employed at a UNICOR factory manufacturing Kevlar helmets for a Department of Defense contract were similarly inhumane. Plaintiffs alleged that as a result of a delay in production caused by Hurricane Rita they were forced to work grueling days in unsanitary conditions, while also being subject to confinement at the Beaumont Federal Correctional Institution which was heavily damaged by Hurricane Rita and not fit to house prisoners.

In February 2009, the U.S. moved to dismiss the case, and in the alternative for summary judgment. Briefing was voluminous, but appears to have ended in October 2009. As of March 2012, the judge had not decided the motion -- and issued a notice stating his intention to decide it soon. This did not happen, however. While the motion was pending, in October 2012, the plaintiffs' lawyer died. No other lawyer appeared to take his place. A year later, in December 2013, Magistrate Judge Giblin recommended that the case be dismissed for failure to prosecute. District Court Judge Marcia Crone adopted that recommendation, and dismissed the case without prejudice should one or more of the plaintiffs decide to refile. It does not appear that any plaintiff objected.

Summary Authors

Anna Dimon (2/12/2015)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4385001/parties/trojcak-v-united-states/


Judge(s)

Crone, Marcia A. (Texas)

Giblin, Keith F. (Texas)

Attorneys(s) for Plaintiff

Sirak, Norman L. (Ohio)

Attorneys(s) for Defendant

Parker, Andrea H. (Texas)

Judge(s)

Crone, Marcia A. (Texas)

Giblin, Keith F. (Texas)

Attorneys(s) for Plaintiff

Sirak, Norman L. (Ohio)

Attorneys(s) for Defendant

Parker, Andrea H. (Texas)

Documents in the Clearinghouse

Document

1:08-cv-00593

Docket [PACER]

June 26, 2014

June 26, 2014

Docket
1

1:08-cv-00593

Complaint

Oct. 8, 2008

Oct. 8, 2008

Complaint
10

1:08-cv-00593

Defendant's Motion to Dismiss

Feb. 17, 2009

Feb. 17, 2009

Pleading / Motion / Brief
30

1:08-cv-00593

Order

Aug. 24, 2009

Aug. 24, 2009

Order/Opinion
40

1:08-cv-00593

Trojack v. United States of America - Order

Trojack v. United States of America

March 12, 2012

March 12, 2012

Order/Opinion
41

1:08-cv-00593

Report and Recommendation of United States Magistrate Judge

Dec. 20, 2013

Dec. 20, 2013

Magistrate Report/Recommendation

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4385001/trojcak-v-united-states/

Last updated Aug. 2, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

Complaint

2 Civil Cover Sheet

View on PACER

3 Exhibit Uniform Basic Safety Regulations

View on PACER

4 Exhibit Unicor Contracts

View on RECAP

Oct. 8, 2008

Oct. 8, 2008

RECAP
2

Magistrate Consent Form Mailed

Oct. 9, 2008

Oct. 9, 2008

PACER
3

Summons Issued as to USA

Oct. 10, 2008

Oct. 10, 2008

PACER
4

Order Referring Case to Magistrate Judge

Oct. 14, 2008

Oct. 14, 2008

PACER
5

Summons Returned Executed as to USA

Nov. 12, 2008

Nov. 12, 2008

PACER
6

Summons Returned Executed

Nov. 12, 2008

Nov. 12, 2008

PACER
7

Summons Returned Executed

Nov. 12, 2008

Nov. 12, 2008

PACER
8

Motion for Extension of Time to File

2 Proposed Order

View on PACER

Dec. 11, 2008

Dec. 11, 2008

PACER
9

Order on Motion for Extension of Time to File

Jan. 7, 2009

Jan. 7, 2009

PACER
10

Motion to Dismiss

2 Exhibits 1 & 2

View on PACER

3 Exhibit 3 (Part 1)

View on PACER

4 Exhibit 3 (Part 2)

View on PACER

5 Exhibit 4

View on PACER

6 Proposed Order

View on PACER

Feb. 17, 2009

Feb. 17, 2009

PACER
11

Motion for Extension of Time to File Response/Reply

2 Text of Proposed Order

View on PACER

Feb. 25, 2009

Feb. 25, 2009

PACER
12

Motion to Seal Document

2 Text of Proposed Order

View on PACER

March 4, 2009

March 4, 2009

PACER
13

Motion for Miscellaneous Relief

2 Text of Proposed Order

View on PACER

March 5, 2009

March 5, 2009

PACER
14

Order on Motion for Extension of Time to File Response/Reply

March 11, 2009

March 11, 2009

PACER
15

Sealed Response to Motion

March 12, 2009

March 12, 2009

PACER
16

Sealed Response to Motion

March 12, 2009

March 12, 2009

PACER
17

Response to Motion

March 16, 2009

March 16, 2009

PACER
18

Motion for Extension of Time to File Response/Reply

2 Proposed Order

View on PACER

March 19, 2009

March 19, 2009

PACER
19

Order on Motion for Extension of Time to File Response/Reply

March 20, 2009

March 20, 2009

PACER
20

Motion to Seal

2 Proposed Order

View on PACER

March 24, 2009

March 24, 2009

PACER
21

Motion for Leave to File Excess Pages

2 Proposed Order

View on PACER

March 24, 2009

March 24, 2009

PACER
22

Order on Motion to Seal

March 24, 2009

March 24, 2009

PACER
23

Order on Motion for Leave to File Excess Pages

March 24, 2009

March 24, 2009

PACER
24

Sealed Reply to Response to Motion

March 25, 2009

March 25, 2009

PACER
25

Sealed Additional Attachments to Main Document

March 25, 2009

March 25, 2009

PACER
26

Motion for Miscellaneous Relief

2 Plaintiffs Exhibit 1 Declaration of David Miller

View on PACER

3 Plaintiffs Exhibit 2 Duties of a Pharmacist

View on PACER

4 Plaintiff Exhibit 3 Declaration of Mary Hupp

View on PACER

5 Plaintiffs Exhibit 4 Declaration of Rhonda Gray

View on PACER

6 Text of Proposed Order

View on PACER

March 30, 2009

March 30, 2009

PACER
27

Sur-Reply to Reply to Response to Motion

2 Exh 1 Warden's Letter

View on PACER

3 Exh 2 Exp Rpt of George Jackson

View on PACER

4 Proposed Order

View on PACER

March 30, 2009

March 30, 2009

PACER
28

Response to Motion

2 Exhibit A

View on PACER

April 9, 2009

April 9, 2009

PACER
29

Motion for Miscellaneous Relief

Aug. 10, 2009

Aug. 10, 2009

PACER
30

Order on Motion to Dismiss

Aug. 24, 2009

Aug. 24, 2009

PACER
31

Response in Opposition to Motion

2 Exhibit 1 Excerpts from five Unicor Contracts

View on PACER

3 Exhibit 2 Sample Administrative Claim

View on PACER

4 Exhibit 3 Jimmy Skinner Declaration

View on PACER

5 Exhibit 4 Larry Cullum Delcaration

View on PACER

6 Exhibit 5 Johnny Calderon Declaration

View on PACER

7 Exhibit 6 Juan Cisineros Declaration

View on PACER

8 Exhibit 7 Roland Samaniego Declaration

View on PACER

Sept. 19, 2009

Sept. 19, 2009

PACER
32

Response in Opposition to Motion

2 Exhibit 8 Inmate Issue Committee Memos

View on PACER

3 Exhibit 9 Sample Questionnaire for Survey of Disease Symptoms

View on PACER

4 Exhibit 10 Unicor Survey of Toxic Mold Syndrome Symptoms

View on PACER

5 Exhibit 11 Comparison of Toxic Mold Symptoms Unicor and Penitentiary Claimants

View on PACER

6 Exhibit 12 September and October 2005 Water Lab Reports

View on PACER

7 Exhibit 13 Charles Pierce Expert Report for Unicor

View on PACER

Sept. 19, 2009

Sept. 19, 2009

PACER
33

Response in Opposition to Motion

2 Exhibit 14 Dr. Jackson Curriculum Vitae and Compensation

View on PACER

3 Exhibit 15 Dr. Jackson Expert Report

View on PACER

4 Exhibit 16 H Pylori Symtoms for Unicor Claimants

View on PACER

5 Exhibit 17 Mary Hupp Expert Declaration

View on PACER

6 Exhibit 18 Brandon Henderson Declaration

View on PACER

7 Exhibit 19 Dr. Kris Sperry Curriculum Vitae

View on PACER

8 Exhibit 20 Dr. Kris Sperry Expert Report

View on PACER

9 Text of Proposed Order

View on PACER

Sept. 19, 2009

Sept. 19, 2009

PACER
34

Response in Opposition to Motion

2 Exhibit 1 Five Unicor Contracts

View on PACER

3 Exhibit 2 Admin. Claim

View on PACER

4 Exhibit 3 Skinner Declaration

View on PACER

5 Exhibit 4 Cullum Declaration

View on PACER

6 Exhibit 5 Calderon Declaration

View on PACER

7 Exhibit 6 Cisineros Decl.

View on PACER

8 Exhibit 7 Samaniego Decl.

View on PACER

9 Exhibit 8 Inmate Committee

View on PACER

10 Exhibit 9 Questionnaire

View on PACER

11 Exhibit 10 Toxic Mold Survey

View on PACER

12 Exhibit 11 2nd Mold Survey

View on PACER

13 Exhibit 12 Water lab reports

View on PACER

14 Exhibit 13 Pierce Report

View on PACER

15 Exhibit 14 Dr. Jackson Expertise

View on PACER

16 Exhibit 15 Jackson Expert Report

View on PACER

17 Exhibit 16 H Pylori Survey

View on PACER

18 Exhibit 17 Hupp Decl.

View on PACER

19 Exhibit 18 Henderson Decl

View on PACER

20 Exhibit 19 Sperry Expertise

View on PACER

21 Exhibit 20 Sperry Expert Report

View on PACER

22 Text of Proposed Order

View on PACER

Sept. 21, 2009

Sept. 21, 2009

PACER
35

Motion for Extension of Time to File Response/Reply

2 Proposed Order

View on PACER

Sept. 29, 2009

Sept. 29, 2009

PACER
36

Motion for Leave to File Excess Pages

2 Proposed Order

View on PACER

Oct. 9, 2009

Oct. 9, 2009

PACER
37

Reply to Response to Motion

2 Exhibit Exhibit A

View on PACER

3 Exhibit Exhibits B-G

View on PACER

Oct. 13, 2009

Oct. 13, 2009

PACER
38

Order on Motion for Miscellaneous Relief

March 23, 2010

March 23, 2010

PACER
39

Order on Motion for Extension of Time to File Response/Reply

Aug. 9, 2010

Aug. 9, 2010

PACER
40

Order Dismissing Case

March 12, 2012

March 12, 2012

PACER
41

REPORT AND RECOMMENDATION OF U. S. Magistrate Judge that the Complaint filed by Austin Demetrius et al., that this lawsuit should be dismissed without prejudice pursuant to FRCP 41(b). Signed by Magistrate Judge Keith F. Giblin on 12/20/13. (mrp, ) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

43

FINAL JUDGMENT that the plaintiffs take nothing and that this lawsuit is DISMISSED without prejudice pursuant to Federal Rule of Civil Procedure 41(b). All motions not previously ruled on are denied. Signed by Judge Marcia A. Crone on 1/8/14. (pkb, ) (Entered: 01/09/2014)

Jan. 9, 2014

Jan. 9, 2014

44

MOTION for Extension of Time to File Response to 41 Report and Recommendations by Louis Charles Mayes. (mrp, ) (Entered: 01/15/2014)

Jan. 14, 2014

Jan. 14, 2014

45

NOTICE of Change of Address to 4458 Tampico Street; Houston, Tx 77016. by Louis Charles Mayes. Docket sheet mailed on 3/19/14. (mrp, ) (Entered: 03/19/2014)

March 19, 2014

March 19, 2014

46

ORDER granting 44 Motion for Extension of Time to File Response. Mr. Mayes is allowed an extension of time through 7/15/14 to file the response. Signed by Magistrate Judge Keith F. Giblin on 6/26/14. (mrp, ) (Entered: 06/26/2014)

June 26, 2014

June 26, 2014

42

MEMORANDUM ORDER ADOPTING 41 Report and Recommendations. A final judgment shall be entered dismissing this lawsuit. Signed by Judge Marcia A. Crone on 1/8/14. (pkb, )

Jan. 10, 2014

Jan. 10, 2014

RECAP

Case Details

State / Territory: Texas

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 8, 2008

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

47 inmates of the Beaumont Federal Correctional Institution Medium who are also employees of UNICOR, a prison industry which uses prison labor to produce goods for the federal government.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States of America (Beaumont, Jefferson), Federal

Defendant Type(s):

Corrections

Case Details

Causes of Action:

Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Bathing and hygiene

Food service / nutrition / hydration

Sanitation / living conditions

Totality of conditions

Work release or work assignments

Type of Facility:

Government-run