Case: Durrenberger v. Texas Department of Criminal Justice

4:09-cv-00786 | U.S. District Court for the Southern District of Texas

Filed Date: March 10, 2009

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On March 10, 2009, Plaintiff filed a civil rights action against the Texas Department of Criminal Justice (TDCJ) under Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and Chapter 121 of the Texas Human Resources Code, in the U.S. District Court Simeon for the Southern District of Texas, Houston Division. Plaintiff is a person with a physical disability that causes a hearing impairment. Because TDCJ's facility did not provide accommodations for him…

On March 10, 2009, Plaintiff filed a civil rights action against the Texas Department of Criminal Justice (TDCJ) under Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and Chapter 121 of the Texas Human Resources Code, in the U.S. District Court Simeon for the Southern District of Texas, Houston Division. Plaintiff is a person with a physical disability that causes a hearing impairment. Because TDCJ's facility did not provide accommodations for him, and other persons with hearing disabilities, Plaintiff claimed that the lack of accommodations denied him the ability to participate in TDCJ's inmate visitation program. Represented by attorneys from the Texas Civil Rights Project, Plaintiff asked the Court for declaratory and injunctive relief, attorneys' fees, costs, and litigation expenses against Defendant TDCJ. District , presided over the case.

Plaintiff's complaint was later amended on June 03, 2009. On September 24, 2010, both parties filed motions for summary judgment. On December 2, 2010, in a published opinion, the Court (Judge Simeon Timothy Lake, III) granted Plaintiff's motion for summary judgment in part and denied it in part. Judge Lake ruled that the undisputed facts showed that TDCJ discriminated against Plaintiff based on his disability by failing to provide simple, inexpensive accommodation, such as allowing Plaintiff to conduct his visits in an attorney visit booth, or placing a low-cost volume amplifier in the telephones. Judge Lake noted that TDCJ failed to present any evidence whatsoever that accommodating Plaintiff would impose any significant financial or administrative burden.

On January 04, 2011, TDCJ filed a motion for reconsideration. Judge Lake denied the motion for reconsideration on January 24, 2011. Four days later, Judge Lake issued an order approving a settlement between the parties. On May 24, 2011, after a settlement was completed, the case was dismissed with prejudice. The terms of the settlement are not available.

Summary Authors

Xin Chen (10/11/2011)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4397297/parties/durrenberger-v-texas-department-of-criminal-justice/


Judge(s)

Lake, Simeon Timothy III (Texas)

Attorneys(s) for Plaintiff

Barton, Peter Joel (Texas)

Harrington, James C (Texas)

Izzo, Lauren (Texas)

Krause, Wayne Nicholas (Texas)

McGiverin, Brian Rolland (Texas)

Medlock, Scott Charles (Texas)

Attorneys(s) for Defendant

Werner, Susan Elizabeth (Texas)

Judge(s)

Lake, Simeon Timothy III (Texas)

Attorneys(s) for Plaintiff

Barton, Peter Joel (Texas)

Harrington, James C (Texas)

Izzo, Lauren (Texas)

Krause, Wayne Nicholas (Texas)

McGiverin, Brian Rolland (Texas)

Medlock, Scott Charles (Texas)

Attorneys(s) for Defendant

Werner, Susan Elizabeth (Texas)

Documents in the Clearinghouse

Document

Docket

May 24, 2011 Docket
9

First Amended Complaint

June 3, 2009 Complaint
40

Defendant's Motion for Summary Judgment

Sept. 24, 2010 Pleading / Motion / Brief
41

Plaintiff's Motion for Summary Judgment

Sept. 24, 2010 Pleading / Motion / Brief
45

Memorandum Opinion and Order

757 F.Supp.2d 640

Dec. 2, 2010 Order/Opinion
51

Defendant’s Motion for Reconsideration of the Court's Order Granting Durrenberger's Motion for Summary Judgment

Jan. 4, 2011 Pleading / Motion / Brief
54

Memorandum Opinion and Order

Jan. 24, 2011 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4397297/durrenberger-v-texas-department-of-criminal-justice/

Last updated May 20, 2022, 2:26 a.m.

ECF Number Description Date Link
1

Complaint

March 10, 2009 PACER
2

Order for Initial Conference and Disclosure

March 17, 2009 PACER
3

Return of Service Executed

March 24, 2009 PACER
4

Return of Service Executed

March 24, 2009 PACER
5

Return of Service Unexecuted

April 2, 2009 PACER
6

Return of Service Executed

April 8, 2009 PACER
7

Answer to Complaint

April 13, 2009 PACER
8

Certificate of Interested Parties

May 4, 2009 PACER
9

Amended Complaint/Counterclaim/Crossclaim etc.

June 3, 2009 RECAP
10

Motion to Amend

1 Proposed Order

View on PACER

June 3, 2009 RECAP
11

Notice of Appearance

June 3, 2009 PACER
12

Order on Motion to Amend

June 4, 2009 PACER
13

Order for Initial Conference and Disclosure

June 12, 2009 PACER
14

Answer to Amended Complaint

June 15, 2009 PACER
15

Notice (Other)

June 19, 2009 PACER
16

Certificate of Interested Parties

June 24, 2009 PACER
17

JointDiscovery/Case Management Plan

July 14, 2009 PACER
18

Minute Entry Order

July 24, 2009 PACER
19

Scheduling Order

July 24, 2009 PACER
20

Notice (Other)

Sept. 15, 2009 PACER
21

Notice (Other)

Dec. 11, 2009 PACER
22

Motion to Compel

Jan. 21, 2010 PACER
23

Response to Motion

1 Proposed Order

View on PACER

Jan. 29, 2010 PACER
24

Order on Motion to Compel

Feb. 1, 2010 RECAP
25

Motion for Extension of Time

Feb. 5, 2010 PACER
26

Designation of Expert Witness List

Feb. 5, 2010 PACER
27

Advisory

1 Exhibit

View on PACER

Feb. 8, 2010 PACER
28

Motion for Extension of Time

1 Exhibit

View on PACER

2 Proposed Order

View on PACER

Feb. 18, 2010 PACER
29

Order on Motion for Extension of Time

Feb. 19, 2010 PACER
30

Notice (Other)

March 9, 2010 PACER
31

Motion for Extension of Time

1 Proposed Order

View on PACER

March 26, 2010 PACER
32

Order on Motion for Extension of Time

March 29, 2010 PACER
33

Motion for Extension of Time

1 Exhibit

View on PACER

2 Proposed Order

View on PACER

March 30, 2010 PACER
34

Order on Motion for Extension of Time

March 31, 2010 PACER
35

Motion for Extension of Time

1 Proposed Order

View on PACER

April 13, 2010 PACER
36

Order

April 14, 2010 PACER
37

Notice (Other)

June 8, 2010 PACER
38

Notice (Other)

June 24, 2010 PACER
39

Notice (Other)

July 26, 2010 PACER
40

Motion for Summary Judgment

1 Appendix

View on PACER

2 Proposed Order

View on PACER

Sept. 24, 2010 PACER
41

Motion for Summary Judgment

1 Exhibit Exhibits A-F

View on PACER

2 Exhibit Exhibits G-H

View on PACER

3 Proposed Order

View on PACER

Sept. 24, 2010 PACER
42

Response to Motion

1 Exhibit

View on PACER

2 Proposed Order

View on PACER

Oct. 14, 2010 PACER
43

Response to Motion

1 Proposed Order

View on PACER

Oct. 15, 2010 PACER
44

Reply to Response to Motion

Oct. 27, 2010 PACER
45

MEMORANDUM OPINION AND ORDER Granting in Part and Denying in Part 41 MOTION for Summary Judgment. Denying 40 MOTION for Summary Judgment. Joint Pretrial Order due by 2/4/2011, Docket Call set for 2/11/2011 at 04:00 PM in Courtroom 9B before Judge Sim Lake.(Signed by Judge Sim Lake) Parties notified.(hcarr, )

Dec. 2, 2010 RECAP
46

Motion to Appear Pro Hac Vice

Dec. 3, 2010 PACER
47

Motion to Substitute Attorney

1 Proposed Order

View on PACER

Dec. 3, 2010 PACER
48

Order on Motion to Substitute Attorney

Dec. 6, 2010 PACER
49

Order on Motion to Appear Pro Hac Vice

Dec. 6, 2010 PACER
50

Motion for Attorney Fees

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Exhibit E

View on PACER

6 Exhibit F

View on PACER

7 Proposed Order

View on PACER

Dec. 22, 2010 PACER
51

Motion for Reconsideration

1 Exhibit A

View on PACER

2 Proposed Order

View on PACER

Jan. 4, 2011 PACER
52

Response to Motion

1 Proposed Order

View on PACER

Jan. 11, 2011 PACER
53

Supplement

1 Exhibit

View on PACER

2 Proposed Order

View on PACER

Jan. 13, 2011 PACER
54

Memorandum and Opinion

Jan. 24, 2011 PACER
55

Notice of Settlement

1 Proposed Order

View on PACER

Jan. 27, 2011 PACER
57

NOTICE of Dismissal as to Texas Department of Criminal Justice by Texas Department of Criminal Justice, filed. (Attachments: # 1 Proposed Order)(Werner, Susan) (Entered: 05/23/2011)

May 23, 2011
56

Order

Jan. 28, 2011 PACER
58

ORDER OF DISMISSAL 57 Notice of Dismissal. Case terminated on 5/24/2011.(Signed by Judge Sim Lake) Parties notified.(jewilliams, ) (Entered: 05/24/2011)

May 24, 2011

State / Territory: Texas

Case Type(s):

Prison Conditions

Key Dates

Filing Date: March 10, 2009

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff is a person with a physical disability that causes a hearing impairment.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Texas Department of Criminal Justice, State

Case Details

Causes of Action:

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

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

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Visiting

Discrimination-basis:

Disability (inc. reasonable accommodations)

Affected Gender:

Female

Male

Type of Facility:

Government-run