Case: Rodriguez v. County of El Paso

3:11-cv-00389 | U.S. District Court for the Western District of Texas

Filed Date: Sept. 21, 2011

Closed Date: July 9, 2012

Clearinghouse coding complete

Case Summary

This jail conditions case was brought in December 2011 by a deaf man who speaks American Sign Language and has little or no ability to lip read. He has very limited ability to read or write in either Spanish or English. On March 2011, he was arrested and detained by El Paso County Sheriff's deputies and taken to the Downtown Detention Facility. His repeated requests for an interpreter were ignored. Late that night, he was driven to a store and approached by a woman whom the officers described a…

This jail conditions case was brought in December 2011 by a deaf man who speaks American Sign Language and has little or no ability to lip read. He has very limited ability to read or write in either Spanish or English. On March 2011, he was arrested and detained by El Paso County Sheriff's deputies and taken to the Downtown Detention Facility. His repeated requests for an interpreter were ignored. Late that night, he was driven to a store and approached by a woman whom the officers described as a judge. He again requested an interpreter and again was ignored.

The following day, the plaintiff was placed in the Annex jail, where he was imprisoned with no explanation for 11 days. He was handcuffed and unable to use the old and malfunctioning TTY/TDD phone.

Plaintiff, represented by the Paso Del Norte Civil Rights Project and other attorneys, filed a lawsuit in the United States District Court for the Western District of Texas, claiming his treatment violated the Texas Human Resources Code, § 121.003(a), the Americans With Disabilities Act and Section 504 of the Rehabilitation Act. He sought declaratory, injunctive and monetary relief.

According to the docket, the parties stipulated to dismissal of the case after reaching a settlement on July 6, 2012. Although the settlement is not publicly available, according to reports, videophones have now been installed at the jails.

Summary Authors

Denise Heberle (7/24/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4400558/parties/rodriguez-v-county-of-el-paso-texas/


Judge(s)

Montalvo, Frank (Texas)

Attorneys(s) for Plaintiff

Alehashem, Amin (Texas)

Benoit, Christopher (Texas)

Berra, Joseph Pacifico (Texas)

Harrington, James C (Texas)

Krause, Wayne Nicholas (Texas)

Attorneys(s) for Defendant

Kaplan, Ian Russell (Texas)

Judge(s)

Montalvo, Frank (Texas)

Attorneys(s) for Plaintiff

Alehashem, Amin (Texas)

Benoit, Christopher (Texas)

Berra, Joseph Pacifico (Texas)

Harrington, James C (Texas)

Krause, Wayne Nicholas (Texas)

Attorneys(s) for Defendant

Kaplan, Ian Russell (Texas)

Documents in the Clearinghouse

Document

Docket

Rodriguez v. County of El Paso, Texas

July 12, 2012 Docket
18

Plaintiff's First Amended Complaint

Rodriguez v. County of El Paso, Texas

Jan. 12, 2012 Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4400558/rodriguez-v-county-of-el-paso-texas/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

NOTICE OF REMOVAL (Filing fee $350 receipt number 3000010011), filed by County of El Paso, Texas.(da, ) (Entered: 09/22/2011)

Sept. 21, 2011 PACER
2

JS44 (Civil Cover Sheet) submitted by County of El Paso, Texas. (da, ) (Entered: 09/22/2011)

Sept. 21, 2011 PACER
3

Supplemental JS44 (Civil Cover Sheet) submitted by County of El Paso, Texas. (da, ) (Entered: 09/22/2011)

Sept. 21, 2011 PACER
4

ORDER TO SUBMIT PROPOSED SCHEDULING ORDER. Signed by Judge Frank Montalvo. (rrv, ) (Entered: 09/28/2011)

Sept. 28, 2011 PACER
5

MOTION for Extension of Time to File Answer by County of El Paso, Texas. (Kaplan, Ian) (Entered: 10/13/2011)

Oct. 13, 2011 PACER
6

Original ANSWER to Complaint by County of El Paso, Texas.(Kaplan, Ian) (Entered: 10/13/2011)

Oct. 13, 2011 PACER
7

Proposed Scheduling Order by County of El Paso, Texas. (Kaplan, Ian) (Entered: 10/13/2011)

Oct. 13, 2011 PACER
8

ORDER GRANTING 5 Motion for Extension of Time to Answer ; County of El Paso, Texas answer due 10/13/2011. Signed by Judge Frank Montalvo. (rrv, ) (Entered: 10/21/2011)

Oct. 21, 2011 PACER
9

SCHEDULING ORDER: Consent to Trial by Magistrate due by 12/19/2011. Jury Selection set for 9/17/2012 01:00PM before Judge Frank Montalvo. Jury Trial set for 9/17/2012 01:00 PM before Judge Frank Montalvo. ADR Report Deadline due by 5/21/2012. Amended Pleadings due by 1/19/2012. Discovery due by 4/20/2012. Joinder of Parties due by 1/19/2012. Motions due by 6/19/2012.. Signed by Judge Frank Montalvo. (rrv, ) (Entered: 10/27/2011)

Oct. 26, 2011 PACER
10

ORDER TO SHOW CAUSE as to County of El Paso, Texas, Jose Luis Rodriguez. Show Cause Response due by 1/14/2012.. Signed by Judge Frank Montalvo. (rrv, ) (Entered: 01/04/2012)

Jan. 4, 2012 PACER
11

RESPONSE to 10 Order to Show Cause by County of El Paso, Texas, Jose Luis Rodriguez. (Benoit, Christopher) (Entered: 01/04/2012)

Jan. 4, 2012 PACER
12

NOTICE of Non-Consent to Magistrate Trial by County of El Paso, Texas, Jose Luis Rodriguez (Benoit, Christopher) (Entered: 01/04/2012)

Jan. 4, 2012 PACER
13

MOTION to Appear Pro Hac Vice ( Filing fee $ 25 receipt number 300010871) by Jose Luis Rodriguez. (rrv, ) (Entered: 01/05/2012)

Jan. 4, 2012 PACER
14

ORDER VACATIN ORDER TO SHOW CAUSE re 10 Order to Show Cause filed by Jose Luis Rodriguez, County of El Paso, Texas. Signed by Judge Frank Montalvo. (rrv, ) (Entered: 01/05/2012)

Jan. 5, 2012 PACER
15

ORDER GRANTING 13 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Frank Montalvo. (rrv, ) (Entered: 01/09/2012)

Jan. 9, 2012 PACER
16

MOTION for Leave to File Plaintiff's First Amended Complaint by Jose Luis Rodriguez. (Attachments: # 1 Exhibit First Amended Complaint)(Benoit, Christopher) (Entered: 01/10/2012)

1 Exhibit First Amended Complaint

View on PACER

Jan. 10, 2012 PACER
17

ORDER GRANTING 16 Motion for Leave to File Signed by Judge Frank Montalvo. (rrv, ) (Entered: 01/11/2012)

Jan. 11, 2012 RECAP
18

AMENDED COMPLAINT against All Defendants amending, filed by Jose Luis Rodriguez.(Benoit, Christopher) (Entered: 01/12/2012)

Jan. 12, 2012 Clearinghouse
19

MOTION to Withdraw as Attorney by Jose Luis Rodriguez. (Benoit, Christopher) (Entered: 01/12/2012)

Jan. 12, 2012 PACER
20

ORDER GRANTING 19 Motion to Withdraw as Attorney. Signed by Judge Frank Montalvo. (rrv, ) (Entered: 01/13/2012)

Jan. 13, 2012 PACER
21

Joint MOTION to Extend Scheduling Order Deadlines by Jose Luis Rodriguez. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order)(Alehashem, Amin) (Entered: 01/13/2012)

1 Exhibit

View on PACER

2 Exhibit

View on PACER

3 Proposed Order

View on PACER

Jan. 13, 2012 PACER
22

ORDER GRANTING 21 Motion to Extend Scheduling Order Deadlines Signed by Judge Frank Montalvo. (rrv, ) (Entered: 01/17/2012)

Jan. 17, 2012 PACER
23

ORDER FOR STATUS UPDATE. Signed by Judge Frank Montalvo. (rrv, ) (Entered: 04/27/2012)

April 27, 2012 PACER
24

STATUS REPORT by Jose Luis Rodriguez. (Alehashem, Amin) (Entered: 05/04/2012)

May 4, 2012 PACER
25

ORDER re 24 Status Report filed by Jose Luis Rodriguez. Signed by Judge Frank Montalvo. (rrv, ) (Entered: 05/09/2012)

May 9, 2012 PACER
26

ORDER FOR STATUS UPDATE. Signed by Judge Frank Montalvo. (jg1, ) (Entered: 07/05/2012)

July 5, 2012 PACER
27

Joint MOTION to Dismiss With Prejudice by Jose Luis Rodriguez. (Attachments: # 1 Proposed Order)(Alehashem, Amin) (Entered: 07/06/2012)

1 Proposed Order

View on PACER

July 6, 2012 PACER
28

ORDER GRANTING 27 Motion to Dismiss Signed by Judge Frank Montalvo. (jg1, ) (Entered: 07/09/2012)

July 9, 2012 PACER
28

ORDER GRANTING 27 Motion to Dismiss Signed by Judge Frank Montalvo. (jg1, ) (Entered: 07/09/2012)

July 9, 2012 PACER

State / Territory: Texas

Case Type(s):

Jail Conditions

Disability Rights/Public Accommodations

Special Collection(s):

Deaf or Blind in Jail/Prison

Key Dates

Filing Date: Sept. 21, 2011

Closing Date: July 9, 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

a man with a hearing disability

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County of El Paso, Texas, County

Defendant Type(s):

Corrections

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

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Issues

General:

Disparate Treatment

Language access/needs

TTY/Close Captioning/Videophone/etc.

Discrimination-basis:

Disability (inc. reasonable accommodations)

Language discrimination

Disability:

Hearing impairment

Type of Facility:

Government-run