Case: O'Donnell v. Harris County

4:16-cv-01414 | U.S. District Court for the Southern District of Texas

Filed Date: May 19, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 19, 2016, a 22-year-old detainee filed this class action suit in the U.S. District Court for the Southern District of Texas under 42 U.S.C. § 1983 against Harris County, Texas and the Harris County Sheriff's Department. The plaintiff, represented by Equal Justice Under Law, claimed that the bail system violated the Equal Protection and Due Process Clauses of the Constitution. Specifically, the plaintiff claimed that after being arrested on May 18, 2016, for driving with an invalid licens…

On May 19, 2016, a 22-year-old detainee filed this class action suit in the U.S. District Court for the Southern District of Texas under 42 U.S.C. § 1983 against Harris County, Texas and the Harris County Sheriff's Department. The plaintiff, represented by Equal Justice Under Law, claimed that the bail system violated the Equal Protection and Due Process Clauses of the Constitution. Specifically, the plaintiff claimed that after being arrested on May 18, 2016, for driving with an invalid license, she was detained in the Harris County Jail because she couldn't afford the $2,500 bail. This amount was set according to a predetermined bail schedule that did not consider the plaintiff's individualized circumstances. Moreover, the plaintiff alleged that she was told by Harris County Sheriff's deputies to not speak at her 60-second hearing, and pursuant to Harris County’s policies and practices, no inquiry was made into her ability to pay when the hearing officer found probable cause for her arrest.

The plaintiff sought declaratory and monetary relief, as well as an injunction preventing the defendants from using money bail to detain any person without procedures, including inquiry into the person's ability to pay the amount set. The plaintiff also sought a temporary restraining order for the release of herself and similarly situated individuals and requiring that they be given proper bail hearings. The case was assigned to U.S. District Judge Lee H. Rosenthal.

On May 23, 2016, the plaintiff was released from Harris County custody, so she withdrew the motion for the temporary restraining order.

Following a conference before Judge Lee H. Rosenthal on August 26, 2016, the plaintiff filed an amended complaint on September 1, 2016, which joined her case with other plaintiffs who had initiated similar suits and added Harris County judges to the suit as defendants in both their personal and professional capacities.

On December 16, Judge Rosenthal denied in part and granted in part the defendants' motions to dismiss, and then denied rehearing on March 1, 2017. She granted the motion to dismiss the personal-capacity claims against the Sheriff and the County Judges. She also granted the motion to dismiss the official-capacity claims against the Hearing Officers. She denied the motions to dismiss the official-capacity claims against the Sheriff and the County Judges and the motion to dismiss the claims against Harris County. The court held that the Judges and Sheriff could be sued in their official capacities for the policies they promulgated in their positions. Moreover, the court found that the judges lacked immunity from injunctive and declaratory relief while acting administratively. 227 F. Supp. 3d 706,

She set a preliminary injunction and class certification hearing for March 2017; the hearing lasted eight days, spread out between March 6 and March 23. On April 28, Judge Rosenthal certified a class consisting of "misdemeanor arrestees who are detained by Harris County . . . for whom a secured financial condition of release has been set and who cannot pay the amount necessary for release on the secured money bail because of indigence.”

On the same day, Judge Rosenthal entered a preliminary injunction, holding that the plaintiffs had met their burden of showing a likelihood of success on the merits of their claims that Harris County did not supply safeguards to protect the due process rights and equal protection rights of indigent misdemeanor arrestees. She held that Harris county had an essentially de facto policy of imposing bail in misdemeanor cases without regard to a defendant’s ability to pay or the likelihood of nonappearance or new arrests. She enjoined Harris County Judges and Sheriffs from detaining misdemeanor defendants who cannot afford bail and who would otherwise be eligible for release. She also set a maximum detention time of 24 hours between arrest and a hearing on a defendant’s ability to pay. Judge Rosenthal denied a stay pending appeal without prejudice that same day. 2017 WL 1735453

Harris County appealed to the Fifth Circuit on June 12, 2017. Several states, professional bondsmen, the Cato Institute, the ABA, Department of Justice and law enforcement officials, and a number of other organizations filed amicus curiae briefs.

On February 14, the Fifth Circuit (Judge Edith B. Clement) issued an opinion largely affirming the district court’s decision. However, it disagreed as to three points. First, the Fifth Circuit determined that the district court’s definition of the plaintiff’s liberty interest protected by due process was too broad. Second, the Fifth Circuit found that the Sheriff could not be sued under § 1983 because the Sheriff lacked power over the bail system (Originally, the court had dismissed the claim against the Sheriff but this was overturned on panel rehearing because the defendants had not moved to dismiss). And third, the Fifth Circuit vacated the injunction as overly broad. Instead, the Fifth Circuit suggested that an appropriate equitable remedy would require the County to make case-by-case determinations and provide notice, an opportunity to be heard and submit evidence within 48 hours of arrest, and a reasoned decision by an impartial decision maker. 882 F.3d 528; 892 F.3d 147

On June 29, 2018, Judge Rosenthal granted an amended preliminary injunction, adopting the Fifth Circuit’s suggestion of a 48 hour window between arrest and an individual hearing. She also narrowed the scope of her original injunction, applying it only to misdemeanor detainees whom local law had already determined to be eligible for release on a personal bond and who are subject to no other basis for detention. 321 F. Supp. 3d 763. On August 14, the Fifth Circuit stayed the injunction pending appeal. 900 F.3d 220,

In November of 2018, 15 of the 16 Harris County judges who had been named in the original suit lost their reelection bids. In the election, a historic 17 African American women were elected as Harris County judges, including the first LGBTQ African American ever elected to a judgeship in Harris County.

The new judges were substituted as parties in the suit. On January 7, 2019, all of the Harris County judges agreed to drop the appeal of the preliminary injunction and began to work with the plaintiffs to amend the law regarding bail schedules in Harris County. On February 1, the Court approved an amended rule submitted by both parties which required the prompt release of all misdemeanor arrestees on a personal bond except for certain more serious offenses and guaranteed a bail hearing within 48 hours for those not released on bond.

The parties then proceeded to negotiate a settlement and consent decree, which they submitted to the court on July 25, 2019. Several parties, including the Harris County Deputies’ Organization (the police union), the Professional Bondsmen of Harris County and the Harris County District Attorney filed briefs opposing all or part of the consent decree.

On November 21, 2019, Judge Rosenthal approved the consent decree and settlement. The consent decree required Harris County to make major reforms to its bail program, including implementation of and training on the amended hearing rules as well as a requirement that a Hearing Officer must find by clear and convincing evidence that an arrestee can pay a bail amount before imposing it as a release condition. It also increased funding to provide representation for all misdemeanor arrestees at their bail hearings. And it required the development of a website that misdemeanor arrestees could use to access their court dates, times and location in order to reduce non-appearance. In addition, Harris County agreed to pay nearly $4 million in attorney’s fees to the plaintiff’s attorneys. 2019 WL 6219933.

The court retained jurisdiction to enforce the consent decree. The consent decree provided for supervision by an independent monitor set to last for a total of seven years, subject to extension if any defendants are unable to substantially comply with the consent decree during years six and seven. The consent decree remains in force.

Summary Authors

MJ Koo (1/28/2017)

Chelsea Rinnig (3/25/2018)

Jonah Feitelson (2/21/2020)

Related Cases

Russell v. Harris County, TX, Southern District of Texas (2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4532989/parties/odonnell-v-harris-county-texas/


Judge(s)

Haynes, Catharina (Texas)

Prado, Edward Charles (Texas)

Rosenthal, Lee Hyman (Texas)

Attorneys(s) for Plaintiff

Bernhardt, Rebecca (Texas)

Friedman, Robert D. (District of Columbia)

Gerstein, Charles L. (District of Columbia)

Gervais, Michael (New York)

Karakatsanis, Alec (District of Columbia)

Manne, Neal S. (Texas)

Pringle, Susanne Ashley (Texas)

Judge(s)

Haynes, Catharina (Texas)

Prado, Edward Charles (Texas)

Rosenthal, Lee Hyman (Texas)

Attorneys(s) for Plaintiff

Bernhardt, Rebecca (Texas)

Friedman, Robert D. (District of Columbia)

Gerstein, Charles L. (District of Columbia)

Gervais, Michael (New York)

Karakatsanis, Alec (District of Columbia)

Manne, Neal S. (Texas)

Pringle, Susanne Ashley (Texas)

Rossi, Elizabeth Anne (District of Columbia)

Salinas, Lupe (Texas)

White, Lexie Giselle (Texas)

Zuniga, Krisina Janaye (Texas)

Attorneys(s) for Defendant

Barnes, Brian W (District of Columbia)

Cooper, Charles Justin (District of Columbia)

Correro, Mark Anthony (Texas)

David, Katharine Davenport (Texas)

Falk, Sheryl Anne (Texas)

Fleming, Michael P (Texas)

Good, Kenneth Wayne (Texas)

Green, Robert Lawrence III (Texas)

Hedge, Laura Beckman (Texas)

Hull, Michael Robert (Texas)

Jiminez, Victoria Lynn (Texas)

Keville, John R. (Texas)

Kirk, Michael W. (District of Columbia)

Marra, William C. (District of Columbia)

McGuire, Daniel D (Texas)

Morgan, Philip James (Texas)

Moss, Nicole J. (District of Columbia)

Munisteri, James G. (Texas)

O'Neill, John Ellis (Texas)

Spinks, Melissa Lynn (Texas)

Stafford, Michael A. (Texas)

Stone, Corinne (Texas)

Vinson, Celena Cavazos (Texas)

Other Attorney(s)

Armbruster, Robert Anthony (Texas)

Biggs, Adam Arthur (Texas)

Braden, Myesha (District of Columbia)

Brooke, Samuel (Alabama)

Buskey, Brandon (New York)

Caplan, Jared B. (Texas)

Clement, Paul D. (District of Columbia)

DeBorde, Nicole (Texas)

Durfee, Scott Anthony (Texas)

Ellis, Rodney (Texas)

Fogler, Murray (Texas)

Foster, Lisa A. (District of Columbia)

Friedman [inactive], Robert (District of Columbia)

Gans, David H. (District of Columbia)

Geltzer, Joshua A. (District of Columbia)

Goldschmidt, Peter A. (California)

Goldstein, Katherine R. (New York)

Gorod, Brianne J. (District of Columbia)

Greenbaum, Jon M. (District of Columbia)

Harrison, Lindsay C (District of Columbia)

Henneke, Robert (Texas)

Hill, J Marcus (Texas)

Himmel, Janet M. (Texas)

Jernigan-Johnson, Jessica (Tennessee)

Kammerman, Joseph J. (New York)

Kase, Kathryn M. (Texas)

Kaufmann, Michael E. (New York)

Kerlin, Paul M. (District of Columbia)

Keys, Fred A Jr (Arizona)

Klein, Linda A. (Illinois)

Lanier, W Mark (Texas)

Lawrence, Andrew C. (District of Columbia)

Loss-Eaton, Tobias S. (District of Columbia)

Magenheim, Alan N (Texas)

Marcus, Jonathan L. (District of Columbia)

McAloon, David W. (District of Columbia)

McCord, Mary B. (District of Columbia)

Menchaca, Morgan M. (Texas)

Michel, Christopher G. (District of Columbia)

Ogg, Kimbra Kathryn (Texas)

Pennell, Kevin R (Texas)

Phillips, Bradley S. (California)

Pomeranz, Michael Leo (District of Columbia)

Roark, Mary Margaret (Texas)

Robertson, Brad (Alabama)

Saldivar, Edgar (Texas)

Segura, Andre (Texas)

Shapiro, Ilya (District of Columbia)

Sheehan, Jeffrey W. (Tennessee)

Signorelli-Cassady, Grace C. (Illinois)

Stoger, Jonathan S (Texas)

Travers, Ryan (District of Columbia)

Trigilio, Trisha (Texas)

Trujillo-Jamison, Kenneth M. (California)

Tuegel, Michelle (Texas)

Van Fleet, G. Allan (Texas)

Watkins, Devin (District of Columbia)

West, Micah (Alabama)

Woods, Andrea (New York)

Wydra, Elizabeth B. (District of Columbia)

Young, Evan A. (Texas)

Documents in the Clearinghouse

Document

4:16-cv-01414

Docket [PACER]

Feb. 3, 2020

Feb. 3, 2020

Docket
1

4:16-cv-01414

Motion for Temporary Restraining Order and Preliminary Injunction

May 19, 2016

May 19, 2016

Pleading / Motion / Brief
3

4:16-cv-01414

Class Action Complaint

May 19, 2016

May 19, 2016

Complaint
54

4:16-cv-01414

First Amended Class Action Complaint

Sept. 1, 2016

Sept. 1, 2016

Complaint
125

4:16-cv-01414

Memorandum and Opinion

227 F.Supp.3d 706

Dec. 16, 2016

Dec. 16, 2016

Order/Opinion
201

4:16-cv-01414

Memorandum and Opinion

2017 WL 784899

March 1, 2017

March 1, 2017

Order/Opinion
305

4:16-cv-01414

Order on Contigent Motion to Stay

O'Donnell v. Harris

April 28, 2017

April 28, 2017

Order/Opinion
304

4:16-cv-01414

Order of Preliminary Injunction

O'Donnell v. Harris

2017 WL 1735453

April 28, 2017

April 28, 2017

Order/Opinion
302

4:16-cv-01414

Memorandum and Opinion Setting Out Findings of Fact and Conclusions of Law

251 F.Supp.3d 1052, 2017 WL 1735456

April 28, 2017

April 28, 2017

Order/Opinion
303

4:16-cv-01414

Memorandum and Order Certifying a Rule 23(b)(2) Class

O'Donnell v. Harris

2017 WL 1542457

April 28, 2017

April 28, 2017

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4532989/odonnell-v-harris-county-texas/

Last updated Aug. 4, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

MOTION for Temporary Restraining Order by Maranda Lynn ODonnell, filed. Motion Docket Date 6/9/2016. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Proposed Order)(White, Lexie) (Entered: 05/19/2016)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Proposed Order

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May 19, 2016

May 19, 2016

PACER
2

MOTION to Certify Class by Maranda Lynn ODonnell, filed. Motion Docket Date 6/9/2016. (Attachments: # 1 Affidavit of Alec Karakatsanis, # 2 Proposed Order)(White, Lexie) (Entered: 05/19/2016)

1 Affidavit of Alec Karakatsanis

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2 Proposed Order

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May 19, 2016

May 19, 2016

PACER
3

COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541-16677599) filed by Maranda Lynn ODonnell. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2)(White, Lexie) (Entered: 05/19/2016)

1 Civil Cover Sheet

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2 Exhibit 1

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3 Exhibit 2

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May 19, 2016

May 19, 2016

RECAP
4

MOTION for Alec G. Karakatsanis to Appear Pro Hac Vice by Maranda Lynn ODonnell, filed. Motion Docket Date 6/9/2016. (White, Lexie) (Entered: 05/19/2016)

May 19, 2016

May 19, 2016

RECAP
5

MOTION for Elizabeth Rossi to Appear Pro Hac Vice by Maranda Lynn ODonnell, filed. Motion Docket Date 6/9/2016. (White, Lexie) (Entered: 05/19/2016)

May 19, 2016

May 19, 2016

PACER
6

ORDER Scheduling Rule 16 Conference With the Court and Setting Out the Requirements for Initial Pretrial Work. Initial Conference set for 8/26/2016 at 08:45 AM in Courtroom 11B before Judge Lee H Rosenthal. (Signed by Judge Lee H Rosenthal) (Attachments: # 1 Judge's Procedure) Parties notified. (wbostic, 4) (Entered: 05/20/2016)

1 Judge's Procedure

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May 20, 2016

May 20, 2016

PACER
7

MOTION for Michael Gervais to Appear Pro Hac Vice by Maranda Lynn ODonnell, filed. Motion Docket Date 6/10/2016. (White, Lexie) (Entered: 05/20/2016)

May 20, 2016

May 20, 2016

PACER
8

NOTICE of Appearance by Rebecca Bernhardt on behalf of Maranda Lynn ODonnell, filed. (Bernhardt, Rebecca) (Entered: 05/20/2016)

May 20, 2016

May 20, 2016

PACER
9

NOTICE of Withdrawal of Motion for Temporary Restraining Order by Maranda Lynn ODonnell, filed. (White, Lexie) (Entered: 05/23/2016)

May 23, 2016

May 23, 2016

PACER
10

Request for Issuance of Summons as to All Defendants, filed. (Attachments: # 1 Summon, # 2 Summon, # 3 Summon, # 4 Summon, # 5 Summon, # 6 Summon)(White, Lexie) (Entered: 05/23/2016)

1 Summon

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2 Summon

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3 Summon

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4 Summon

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5 Summon

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6 Summon

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May 23, 2016

May 23, 2016

PACER
11

ORDER granting 7 MOTION for Michael Gervais to Appear Pro Hac Vice (Signed by Judge Lee H Rosenthal) Parties notified.(olindor, 4) (Entered: 05/23/2016)

May 23, 2016

May 23, 2016

PACER
12

ORDER granting 5 MOTION for Elizabeth Rossi to Appear Pro Hac Vice (Signed by Judge Lee H Rosenthal) Parties notified.(olindor, 4) (Entered: 05/24/2016)

May 23, 2016

May 23, 2016

PACER
13

ORDER granting 4 Alec G. Karakatsanis Motion to Appear Pro Hac Vice.(Signed by Judge Lee H Rosenthal) Parties notified.(jguajardo, 4) (Entered: 05/24/2016)

May 23, 2016

May 23, 2016

RECAP

Summons Issued as to All Defendants. Issued summons returned to plaintiff by: First-class mail, filed.(hler, 4)

May 24, 2016

May 24, 2016

PACER
14

MOTION to Consolidate Lead Case No. 16-cv-01414 and Member Case No. 16-cv-01436 by Maranda Lynn ODonnell, filed. Motion Docket Date 6/15/2016. (Attachments: # 1 Exhibit A - Civil Cover Sheet, # 2 Exhibit B - Proposed Order)(White, Lexie) (Entered: 05/25/2016)

1 Exhibit A - Civil Cover Sheet

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2 Exhibit B - Proposed Order

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May 25, 2016

May 25, 2016

PACER
15

NOTICE of Setting. Parties notified. Status Conference set for 6/20/2016 at 11:00 AM in Courtroom 11B before Judge Lee H Rosenthal, filed. (leddins, 4) (Entered: 06/03/2016)

June 3, 2016

June 3, 2016

PACER
16

RETURN of Service of SUMMONS Executed as to Eric Stewart Hagstette served on 5/26/2016, answer due 6/16/2016; Harris County, Texas served on 5/26/2016, answer due 6/16/2016; Joseph Licata III served on 5/26/2016, answer due 6/16/2016; Sheriff Ron Hickman served on 5/26/2016, answer due 6/16/2016; Blanca Estela Villagomez served on 5/26/2016, answer due 6/16/2016, filed. (Attachments: # 1 Executed Summons Harris County, # 2 Executed Summons Joseph Licata, # 3 Executed Summons Blanca Villagomez, # 4 Executed Summons Sheriff Ron Hickman)(White, Lexie) (Entered: 06/07/2016)

1 Executed Summons Harris County

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2 Executed Summons Joseph Licata

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3 Executed Summons Blanca Villagomez

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4 Executed Summons Sheriff Ron Hickman

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June 7, 2016

June 7, 2016

PACER
17

NOTICE of Appearance by Susanne Pringle on behalf of Maranda Lynn ODonnell, filed. (Pringle, Susanne) (Entered: 06/10/2016)

June 10, 2016

June 10, 2016

PACER
18

NOTICE of Appearance by Katharine D. David on behalf of Eric Stewart Hagstette, Harris County, Texas, Joseph Licata III, Ronald Nicholas, Sheriff Ron Hickman, Blanca Estela Villagomez, Jill Wallace, filed. (David, Katharine) (Entered: 06/10/2016)

June 10, 2016

June 10, 2016

PACER
19

Unopposed MOTION for Extension of Time to answer or respond to Plaintiff's Complaint by Eric Stewart Hagstette, Joseph Licata III, Ronald Nicholas, Blanca Estela Villagomez, Jill Wallace, filed. Motion Docket Date 7/6/2016. (Attachments: # 1 Proposed Order)(David, Katharine) (Entered: 06/15/2016)

1 Proposed Order

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June 15, 2016

June 15, 2016

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20

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Harris County, Texas, Sheriff Ron Hickman, filed. Motion Docket Date 7/7/2016. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(David, Katharine) (Entered: 06/16/2016)

1 Exhibit A

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2 Proposed Order

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June 16, 2016

June 16, 2016

PACER
21

ORDER granting 19 Motion for Extension of Time; Answer due for Eric Stewart Hagstette 6/27/2016; Joseph Licata III 6/27/2016; Ronald Nicholas 6/27/2016; Blanca Estela Villagomez 6/27/2016; Jill Wallace due by 6/27/2016.(Signed by Judge Lee H Rosenthal) Parties notified.(arrivera, 4) (Entered: 06/20/2016)

June 20, 2016

June 20, 2016

PACER
22

Minute entry for proceedings before the Hon. Lee H. Rosenthal. Status conference held on June 20, 2016. The parties will confer and submit a proposed scheduling order. No later than June 22, 2016, the parties will submit three to four suggested dates for oral argument. Appearances: Lexie White/Neal Manne/Elizabeth Rossi/Alec Karakatsanis/Susanne Pringle for Pltf and Katharine David/Mike Stafford for Defts.(Court Reporter: B. Slavin), filed.(leddins, 4) (Entered: 06/21/2016)

June 20, 2016

June 20, 2016

PACER
23

Joint MOTION Joint Proposed Scheduling Order by Maranda Lynn ODonnell, filed. Motion Docket Date 7/12/2016. (White, Lexie) (Entered: 06/21/2016)

June 21, 2016

June 21, 2016

PACER
24

SCHEDULING AND DOCKET CONTROL ORDER; Granting 23 Joint MOTION Joint Proposed Scheduling Order (Motion To Dismiss 6/27/2016., Plaintiff's Response to Motion To Dismiss due by 7/18/2016., Defendant's replies to the Motions To Dismiss due by 8/1/2016., Motions for Temporary Injunctions and For Class Certification 7/18/2016., Plaintiffs' replies to the Motion for Temporary Injunction and Class Certification due by 8/1/2016., Oral Argument set for 8/18/2016 at 08:30 AM at Courtroom 11B before Judge Lee H Rosenthal)(Signed by Judge Lee H Rosenthal) Parties notified.(jguajardo, 4) (Entered: 06/27/2016)

June 24, 2016

June 24, 2016

PACER
25

MOTION to Dismiss All Claims by Harris County, Texas, filed. Motion Docket Date 7/18/2016. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(David, Katharine) (Entered: 06/27/2016)

1 Exhibit A

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2 Exhibit B

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June 27, 2016

June 27, 2016

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26

RESPONSE in Opposition to 1 MOTION for Temporary Restraining Order, filed by Eric Stewart Hagstette, Harris County, Texas, Joseph Licata III, Ronald Nicholas, Sheriff Ron Hickman, Blanca Estela Villagomez, Jill Wallace. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(David, Katharine) (Entered: 07/18/2016)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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July 18, 2016

July 18, 2016

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27

RESPONSE in Opposition to 25 MOTION to Dismiss All Claims, filed by Maranda Lynn ODonnell. (Attachments: # 1 Exhibit 1--Memorandum in Support of Motion for Leave to Amend filed in Cain v. City of New Orleans, # 2 Exhibit 2--Dallas County bail schedule, # 3 Exhibit 3--Harris County Courts at Law Rules of Court)(White, Lexie) (Entered: 07/18/2016)

1 Exhibit 1--Memorandum in Support of Motion for Leave to Amend filed in Cain v. C

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2 Exhibit 2--Dallas County bail schedule

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3 Exhibit 3--Harris County Courts at Law Rules of Court

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July 18, 2016

July 18, 2016

PACER
28

RESPONSE to 2 MOTION to Certify Class filed by Harris County, Texas. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(David, Katharine) (Entered: 07/18/2016)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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July 18, 2016

July 18, 2016

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29

CERTIFICATE OF SERVICE of 27 Response in Opposition to Motion, by Maranda Lynn ODonnell, filed.(White, Lexie) (Entered: 07/19/2016)

July 19, 2016

July 19, 2016

PACER
30

REPLY in Support of 1 MOTION for Temporary Restraining Order, filed by Maranda Lynn ODonnell. (Rossi, Elizabeth) (Entered: 08/01/2016)

Aug. 1, 2016

Aug. 1, 2016

PACER
31

REPLY in Support of 2 MOTION to Certify Class, filed by Maranda Lynn ODonnell. (Attachments: # 1 Exhibit A)(Rossi, Elizabeth) (Entered: 08/01/2016)

1 Exhibit A

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Aug. 1, 2016

Aug. 1, 2016

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32

REPLY in Support of 25 MOTION to Dismiss All Claims, filed by Harris County, Texas. (David, Katharine) (Entered: 08/01/2016)

Aug. 1, 2016

Aug. 1, 2016

RECAP
33

NOTICE of New Authority re: 25 MOTION to Dismiss All Claims by Eric Stewart Hagstette, Harris County, Texas, Joseph Licata III, Ronald Nicholas, Sheriff Ron Hickman, Blanca Estela Villagomez, Jill Wallace, filed. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(David, Katharine) (Entered: 08/12/2016)

1 Exhibit 1

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2 Exhibit 2

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Aug. 12, 2016

Aug. 12, 2016

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34

SURREPLY to 1 MOTION for Temporary Restraining Order, filed by Eric Stewart Hagstette, Harris County, Texas, Joseph Licata III, Ronald Nicholas, Sheriff Ron Hickman, Blanca Estela Villagomez, Jill Wallace. (David, Katharine) (Entered: 08/12/2016)

Aug. 12, 2016

Aug. 12, 2016

PACER
35

JOINT DISCOVERY/CASE MANAGEMENT PLAN by Maranda Lynn ODonnell, filed. (Attachments: # 1 Proposed Order Scheduling and Docket Control Order)(White, Lexie) (Entered: 08/12/2016)

1 Proposed Order Scheduling and Docket Control Order

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Aug. 12, 2016

Aug. 12, 2016

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36

CERTIFICATE OF INTERESTED PARTIES by Maranda Lynn ODonnell, filed.(White, Lexie) (Entered: 08/12/2016)

Aug. 12, 2016

Aug. 12, 2016

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37

CERTIFICATE OF INTERESTED PARTIES by Eric Stewart Hagstette, Harris County, Texas, Joseph Licata III, Ronald Nicholas, Sheriff Ron Hickman, Blanca Estela Villagomez, Jill Wallace, filed.(David, Katharine) (Entered: 08/15/2016)

Aug. 15, 2016

Aug. 15, 2016

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38

NOTICE of Appearance by Michael P. Fleming on behalf of Eric Stewart Hagstette, Harris County, Texas, Joseph Licata III, Ronald Nicholas, Sheriff Ron Hickman, Blanca Estela Villagomez, Jill Wallace, filed. (Fleming, Michael) (Entered: 08/17/2016)

Aug. 17, 2016

Aug. 17, 2016

PACER
41

ORDER TO CONSOLIDATE CASES: Lead Case No. 4:16-cv-1414 and Member Case No. 4:16-cv-1436, CONSENT JUDGMENT (Signed by Judge Lee H Rosenthal) Parties notified.(gkelner, 4) (Entered: 08/22/2016)

Aug. 18, 2016

Aug. 18, 2016

PACER
43

Minute entry for proceedings before the Hon. Lee H. Rosenthal. Motion hearing held on August 18, 2016. The court heard oral argument from counsel on the defendants' motion to dismiss and on issues raised by the motion for a preliminary injunction and for class certification. The court consolidated the case with Civil Action No. 16-1436, McGruder v. Harris County. All pleadings and submissions will be filed under Civil Action No. 16-1414. Civil Action No. 16-1436 is administratively closed. An order of consolidation will be separately entered. The court also addressed with the parties whether and when motions for summary judgment will be filed and the relationship between those motions and the pending motions for injunctive relief and class certification. The court and parties agreed to defer the presentation of evidence and specific arguments on those pending motions until the parties had conferred and decided whether the plaintiffs will amend their current complaint; whether another motion to dismiss will be filed if they do; and whether discovery is needed before other threshold motions are heard and decided. The motion to dismiss is taken under advisement. The next pretrial conference is set for August 26, 2016 at 10:30 a.m. At this conference, the plaintiffs must advise whether they intend to amend their complaint and how, and whether they seek discovery before or after amending. The defendants will advise whether they want to file dispositive motions before or after other motions are raised and decided. Out of town counsel may appear by telephone. The court sets a hearing on the motion for a preliminary injunction for September 28, 2016 at 8:30 a.m. This is an evidentiary hearing and counsel must be present in the courtroom. Appearances: Susanne Pringle/Lexie White/Rebecca Bernhardt, Michael Gervais, Elizabeth Rossi, Alec Karakatsanis for Pltfs. and Michael Fleming/Katharine David/Phillip Morgan/Ben Stephens/Mike Stafford for Defts.(Court Reporter: K. Metzger), filed.(leddins, 4) (Entered: 08/23/2016)

Aug. 18, 2016

Aug. 18, 2016

PACER
39

AO 435 TRANSCRIPT REQUEST by Philip Morgan for Transcript of Motion Hearing on 8/18/16 before Judge Rosenthal. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Kathy Metzger, filed. (David, Katharine) (Entered: 08/19/2016)

Aug. 19, 2016

Aug. 19, 2016

PACER
42

AO 435 TRANSCRIPT REQUEST by Kristina Vrana for Transcript of Motion hearing 8/18/16 before Judge Rosenthal. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Kathy Metzger, filed. (smurdock, 4) (Entered: 08/22/2016)

Aug. 19, 2016

Aug. 19, 2016

PACER
40

NOTICE of Resetting. Parties notified. Initial Conference reset for 8/26/2016 at 10:30 AM in Courtroom 11B before Judge Lee H Rosenthal, filed. NOTE: THE CHANGE IS TO TIME ONLY. (leddins, 4) (Entered: 08/22/2016)

Aug. 22, 2016

Aug. 22, 2016

PACER
44

TRANSCRIPT re: Motion Hearing held on 8/18/2016 before Judge Lee H Rosenthal. Court Reporter/Transcriber K. Metzger. Release of Transcript Restriction set for 11/23/2016, filed. (kmetzger) (Entered: 08/25/2016)

Aug. 25, 2016

Aug. 25, 2016

PACER
45

Notice of Filing of Official Transcript as to 44 Transcript. Party notified, filed. (dhansen, 4) (Entered: 08/26/2016)

Aug. 26, 2016

Aug. 26, 2016

PACER
46

Minute entry for proceedings before the Hon. Lee H. Rosenthal. Status conference held on August 26, 2016. ODonnell agreed to file an amended complaint by August 31, 2016. If the amended complaint names no new defendants, or if all the newly added defendants retain the same defense counsel, the defendants must file any motion to dismiss the amended complaint by September 7, 2016. ODonnell's response will be due September 14, 2016. The court will hear arguments on the motion to dismiss on September 23, 2016, at 3:00 p.m. The court will hold a hearing on ODonnell's application for a preliminary injunction on September 28, 2016, beginning at 8:30 a.m.If any of the new defendant parties named in the amended complaint retain new counsel, counsel must notify the court by September 2, 2016. The scheduling order will be modified by extending the existing unexpired deadline 60 days. The amended scheduling order will be as follows: Motions to dismiss amended complaint: November 9, 2016; Response: November 18, 2016; Argument: November 28, 2016; Preliminary Injunction Hearing: December 5, 2016. Appearances: Lexie White/Neal Manne/Elizabeth Rossi(by phone)/Susanne Pringle(by phone) for Pltfs. and Michael Stafford/Katharine David/Melissa Spinks/John Odom for Defts. (Court Reporter: K. Metzger), filed.(leddins, 4) Modified on 8/29/2016 (leddins, 4). (Entered: 08/29/2016)

Aug. 26, 2016

Aug. 26, 2016

PACER
47

ORDER entered: regarding mediation issued raised by the court and setting response deadline to respond.(Signed by Judge Lee H Rosenthal) Parties notified.(leddins, 4) (Entered: 08/29/2016)

Aug. 29, 2016

Aug. 29, 2016

RECAP
48

Letter in Response to Court's Order (Docket No. 47) by Maranda Lynn ODonnell, filed.(Gervais, Michael) (Entered: 08/30/2016)

Aug. 30, 2016

Aug. 30, 2016

PACER
49

AO 435 TRANSCRIPT REQUEST by Kristina Vrana for Transcript of 8/26/2016, before Judge Rosenthal. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Kathy Metzger, filed. (mmapps, 4) (Entered: 08/31/2016)

Aug. 30, 2016

Aug. 30, 2016

PACER
50

BRIEF Regarding Appeal in Walker v. City of Calhoun by Eric Stewart Hagstette, Harris County, Texas, Joseph Licata III, Ronald Nicholas, Sheriff Ron Hickman, Blanca Estela Villagomez, Jill Wallace, filed.(David, Katharine) (Entered: 08/31/2016)

Aug. 31, 2016

Aug. 31, 2016

PACER
51

Agreed MOTION for Leave to File First Amended Complaint by Ronald Ryan Ford, Loetha Shanta McGruder, Maranda Lynn ODonnell, filed. Motion Docket Date 9/21/2016. (Attachments: # 1 Exhibit 1 (First Amended Complaint), # 2 Ex. 1 to First Amended Complaint (ODonnell Declaration), # 3 Ex. 2 to First Amended Complaint (McGruder Declaration), # 4 Ex. 3 to First Amended Complaint (Ford Declaration), # 5 Ex. 4 to First Amended Complaint (Bail Schedule), # 6 Ex. 5 to First Amended Complaint (March 2016 jail population report), # 7 Ex. 6 to First Amended Complaint (June 2016 Jail Population Report), # 8 Ex. 7 to First Amended Complaint (July 2016 Jail Population Report), # 9 Exhibit 2 (Redlined Version of First Amended Complaint), # 10 Exhibit 3 (Proposed Order Granting Motion for Leave to File), # 11 Exhibit 4 (Proposed Order granting preliminary injunction))(Rossi, Elizabeth) (Entered: 08/31/2016)

1 Exhibit 1 (First Amended Complaint)

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2 Ex. 1 to First Amended Complaint (ODonnell Declaration)

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3 Ex. 2 to First Amended Complaint (McGruder Declaration)

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4 Ex. 3 to First Amended Complaint (Ford Declaration)

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5 Ex. 4 to First Amended Complaint (Bail Schedule)

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6 Ex. 5 to First Amended Complaint (March 2016 jail population report)

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7 Ex. 6 to First Amended Complaint (June 2016 Jail Population Report)

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8 Ex. 7 to First Amended Complaint (July 2016 Jail Population Report)

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9 Exhibit 2 (Redlined Version of First Amended Complaint)

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10 Exhibit 3 (Proposed Order Granting Motion for Leave to File)

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11 Exhibit 4 (Proposed Order granting preliminary injunction)

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Aug. 31, 2016

Aug. 31, 2016

PACER
52

NOTICE of New Authority by Ronald Ryan Ford, Loetha Shanta McGruder, Maranda Lynn ODonnell, filed. (Attachments: # 1 DOJ Amicus Brief, # 2 ABA Amicus Brief, # 3 Cain v. NOLA Motion to Review Magistrate's Order)(Rossi, Elizabeth) (Entered: 08/31/2016)

1 DOJ Amicus Brief

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2 ABA Amicus Brief

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3 Cain v. NOLA Motion to Review Magistrate's Order

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Aug. 31, 2016

Aug. 31, 2016

PACER
53

ORDER granting 51 Motion for Leave to File First Amended Complaint. (Signed by Judge Lee H Rosenthal) Parties notified. (wbostic, 4) (Entered: 09/01/2016)

Sept. 1, 2016

Sept. 1, 2016

PACER
54

AMENDED COMPLAINT against All Defendants filed by Maranda Lynn ODonnell. Related document: 3 Complaint filed by Maranda Lynn ODonnell. (wbostic, 4) (Entered: 09/01/2016)

Sept. 1, 2016

Sept. 1, 2016

RECAP
55

Unopposed MOTION for Michael P. Fleming to Withdraw as Attorney by Eric Stewart Hagstette, Harris County, Texas, Joseph Licata III, Ronald Nicholas, Sheriff Ron Hickman, Blanca Estela Villagomez, Jill Wallace, filed. Motion Docket Date 9/23/2016. (Attachments: # 1 Proposed Order)(Fleming, Michael) (Entered: 09/02/2016)

1 Proposed Order

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Sept. 2, 2016

Sept. 2, 2016

PACER
56

Letter Addressed to Judge Rosenthal by Harris County, Texas, filed.(David, Katharine) (Entered: 09/02/2016)

Sept. 2, 2016

Sept. 2, 2016

PACER
57

AMENDED SCHEDULING/DOCKET CONTROL ORDER. Motions To Dismiss Filing due by 11/9/2016. Responses due by 11/18/2016. Defendants' replies to motion to dismiss due by 11/25/2016. Motions for Temporary Injunction Filing due by 12/5/2016., Oral Argument set for 11/28/2016 at 08:30 AM in Courtroom 11B before Judge Lee H Rosenthal. Replies to Motions for Temporary Injunction and class certification due by 12/12/2016. Oral Argument set for 12/15/2016.(Signed by Judge Lee H Rosenthal) Parties notified.(olindor, 4) (Entered: 09/02/2016)

Sept. 2, 2016

Sept. 2, 2016

PACER

Oral Argument set for 12/15/2016 at 08:30 AM at Courtroom 11B before Judge Lee H Rosenthal (olindor, 4)

Sept. 2, 2016

Sept. 2, 2016

PACER
58

Opposed MOTION to Dismiss Oppossed Motion for Consideration of Sheriff Hickman's Motion to Dismiss on Expedited Schedule Set Forth in August 26, 2016 Minute Entry by Harris County, Texas, filed. Motion Docket Date 9/27/2016. (Attachments: # 1 Proposed Order)(David, Katharine) (Entered: 09/06/2016)

1 Proposed Order

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Sept. 6, 2016

Sept. 6, 2016

PACER
60

ORDER granting 55 Unopposed MOTION for Michael P. Fleming to Withdraw as Attorney (Signed by Judge Lee H Rosenthal) Parties notified.(olindor, 4) (Entered: 09/07/2016)

Sept. 6, 2016

Sept. 6, 2016

PACER
59

RESPONSE to 50 Brief, filed by Ronald Ryan Ford, Loetha Shanta McGruder, Maranda Lynn ODonnell. (Attachments: # 1 Exhibit)(Rossi, Elizabeth) (Entered: 09/07/2016)

1 Exhibit

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Sept. 7, 2016

Sept. 7, 2016

PACER
61

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Harris County, Texas, filed. Motion Docket Date 9/28/2016. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(David, Katharine) (Entered: 09/07/2016)

1 Exhibit A

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2 Exhibit B

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3 Proposed Order

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Sept. 7, 2016

Sept. 7, 2016

PACER
62

ORDER entered: Parties opposing Sheriff Ron Hickman's motion to expedite hearing his motion to dismiss must file their opposition brief by 5:00 p.m. on Thursday, September 8, 2016. The opposition brief is limited to five pages. (Signed by Judge Lee H Rosenthal) Parties notified.(leddins, 4) (Entered: 09/08/2016)

Sept. 8, 2016

Sept. 8, 2016

PACER
63

RESPONSE in Opposition to 58 Opposed MOTION to Dismiss Oppossed Motion for Consideration of Sheriff Hickman's Motion to Dismiss on Expedited Schedule Set Forth in August 26, 2016 Minute Entry, filed by Maranda Lynn ODonnell. (Attachments: # 1 Exhibit 1)(Manne, Neal) (Entered: 09/08/2016)

1 Exhibit 1

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Sept. 8, 2016

Sept. 8, 2016

PACER
64

ORDER entered: DENYING 58 Opposed MOTION to Dismiss Oppossed Motion for Consideration of Sheriff Hickman's Motion to Dismiss on Expedited Schedule Set Forth in August 26, 2016 Minute Entry. (Signed by Judge Lee H Rosenthal) Parties notified.(leddins, 4) (Entered: 09/08/2016)

Sept. 8, 2016

Sept. 8, 2016

RECAP

***Set/Reset Hearings: Injunction Hearing set for 12/15/2016 at 08:30 AM in Courtroom 11B before Judge Lee H Rosenthal (leddins, 4)

Sept. 9, 2016

Sept. 9, 2016

PACER
65

TRANSCRIPT re: Hearing held on 08/26/2016 before Judge Lee H Rosenthal. Court Reporter/Transcriber K. Metzger. Ordering Party Kristina Vrana Release of Transcript Restriction set for 12/12/2016, filed. (kmetzger) (Entered: 09/13/2016)

Sept. 13, 2016

Sept. 13, 2016

PACER
66

Notice of Filing of Official Transcript as to 65 Transcript. Party notified, filed. (hcarr, 4) (Entered: 09/14/2016)

Sept. 14, 2016

Sept. 14, 2016

PACER
67

Opposed MOTION for Extension of Time Deadlines by Robin Brown, Diane Bull, John Clinton, Pam Derbyshire, Mike Fields, Natalie C. Fleming, Linda Garcia, Paula Goodhart, Bill Harmon, Margaret Harris, Jean Hughes, Jay Karahan, Donald Smyth, Dan Spjut, Larry Standley, Analia Wilkerson, filed. Motion Docket Date 11/9/2016. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Proposed Order)(O'Neill, John) (Entered: 10/19/2016)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Proposed Order

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Oct. 19, 2016

Oct. 19, 2016

PACER
68

NOTICE of Appearance by John R. Keville on behalf of Robin Brown, Diane Bull, John Clinton, Pam Derbyshire, Mike Fields, Natalie C. Fleming, Linda Garcia, Paula Goodhart, Bill Harmon, Margaret Harris, Jean Hughes, Jay Karahan, Donald Smyth, Dan Spjut, Larry Standley, Analia Wilkerson, filed. (Keville, John) (Entered: 10/19/2016)

Oct. 19, 2016

Oct. 19, 2016

PACER
69

NOTICE of Appearance by Sheryl A. Falk on behalf of Robin Brown, Diane Bull, John Clinton, Pam Derbyshire, Mike Fields, Natalie C. Fleming, Linda Garcia, Paula Goodhart, Bill Harmon, Margaret Harris, Jean Hughes, Jay Karahan, Donald Smyth, Dan Spjut, Larry Standley, Analia Wilkerson, filed. (Falk, Sheryl) (Entered: 10/19/2016)

Oct. 19, 2016

Oct. 19, 2016

PACER
70

NOTICE of Appearance by Robert L. Green on behalf of Robin Brown, Diane Bull, John Clinton, Pam Derbyshire, Mike Fields, Natalie C. Fleming, Linda Garcia, Paula Goodhart, Bill Harmon, Margaret Harris, Jean Hughes, Jay Karahan, Donald Smyth, Dan Spjut, Larry Standley, Analia Wilkerson, filed. (Green, Robert) (Entered: 10/19/2016)

Oct. 19, 2016

Oct. 19, 2016

PACER
71

Letter to Judge Rosenthal by Robin Brown, Diane Bull, John Clinton, Pam Derbyshire, Mike Fields, Natalie C. Fleming, Linda Garcia, Paula Goodhart, Bill Harmon, Margaret Harris, Jean Hughes, Jay Karahan, Donald Smyth, Dan Spjut, Larry Standley, Analia Wilkerson, filed. (Attachments: # 1 Exhibit Courtesy Copy of DE 67)(O'Neill, John) (Entered: 10/20/2016)

1 Exhibit Courtesy Copy of DE 67

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Oct. 20, 2016

Oct. 20, 2016

PACER
72

NOTICE of Setting as to 67 Opposed MOTION for Extension of Time Deadlines. Parties notified. Motion Hearing set for 10/26/2016 at 09:00 AM in Courtroom 11B before Judge Lee H Rosenthal, filed. (leddins, 4) (Entered: 10/21/2016)

Oct. 21, 2016

Oct. 21, 2016

PACER
73

RESPONSE to 67 Opposed MOTION for Extension of Time Deadlines filed by Ronald Ryan Ford, Loetha Shanta McGruder, Maranda Lynn ODonnell. (Attachments: # 1 Proposed Order Denying Defendants' Motion)(Rossi, Elizabeth) (Entered: 10/23/2016)

1 Proposed Order Denying Defendants' Motion

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Oct. 23, 2016

Oct. 23, 2016

PACER
74

AO 435 TRANSCRIPT REQUEST by John E. O'Neill for Transcript of Motion Hearing (i.e., Motion for Extension of Time) held on 10/26/16 before Judge Rosenthal. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Kathleen Miller, filed. (O'Neill, John) (Entered: 10/26/2016)

Oct. 26, 2016

Oct. 26, 2016

PACER
75

Letter to Judge Rosenthal by Robin Brown, Diane Bull, John Clinton, Pam Derbyshire, Mike Fields, Natalie C. Fleming, Linda Garcia, Paula Goodhart, Bill Harmon, Margaret Harris, Jean Hughes, Jay Karahan, Donald Smyth, Dan Spjut, Larry Standley, Analia Wilkerson, filed. (Attachments: # 1 Exemplar Pretrial Services Report)(O'Neill, John) (Entered: 10/26/2016)

1 Exemplar Pretrial Services Report

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Oct. 26, 2016

Oct. 26, 2016

PACER
76

Minute entry for proceedings before the Hon. Lee H. Rosenthal. Motion hearing held October 26, 2016. The county judge defendants' motion for extension of time, (Docket Entry No. 67), is denied. The amended scheduling and docket control order, (Docket Entry No. 57), remains in effect. The court will relax the rules governing the defendants' reply due on November 25, 2016. The defendants may supplement their brief with arguments and information that go beyond the issues raised in their motion to dismiss or in the plaintiffs' response. The plaintiffs will have an opportunity to reply to any new arguments or information at the November 28 hearing on the motion to dismiss. Mr. O'Neill accepted service of the complaint on behalf of the 16 county judge defendants. The parties will confer to expedite their productions and set a deadline for filing their exhibit lists for the preliminary injunction hearing and exchanging exhibits. That deadline must be at least two weeks before the preliminary injunction hearing, which will proceed as scheduled on December 15, 2016. Appearances:Susanne Pringle/Elizabeth Rossi/Michael Gervais/Alec Karakatsanis (by phone) for the Pltfs, Michael A Stafford/Katharine David for Deft. Harris County and John O'Neill/John Keville/Sheryl Falk for the Deft. Judges(Court Reporter: K. Miller), filed.(leddins, 4) (Entered: 10/26/2016)

Oct. 26, 2016

Oct. 26, 2016

PACER
77

AO 435 TRANSCRIPT REQUEST by Harris County/Ben Stephens for Transcript of Motion Hearing 10/26/16 at 9:00 am Judge Rosenthal. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Kathleen Miller, filed. (David, Katharine) (Entered: 10/27/2016)

Oct. 27, 2016

Oct. 27, 2016

PACER
78

TRANSCRIPT re: Hearing held on October 26, 2016 before Judge Lee H Rosenthal. Court Reporter/Transcriber Kathleen Miller. Ordering Party Ben Stephens Release of Transcript Restriction set for 2/6/2017., filed. (kmiller, ) (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

PACER
79

Notice of Filing of Official Transcript as to 78 Transcript. Party notified, filed. (dhansen, 4) (Entered: 11/08/2016)

Nov. 8, 2016

Nov. 8, 2016

PACER
80

MOTION to Dismiss UNDER YOUNGER ABSTENTION AND OTHER 12(B)(1) GROUNDS ( Motion Docket Date 11/30/2016.), MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UNDER 12(B)(6) by Robin Brown, Diane Bull, John Clinton, Pam Derbyshire, Mike Fields, Natalie C. Fleming, Linda Garcia, Paula Goodhart, Bill Harmon, Margaret Harris, Jean Hughes, Jay Karahan, Donald Smyth, Dan Spjut, Larry Standley, Analia Wilkerson, filed. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M - Filed Under Seal, # 14 Exhibit N)(O'Neill, John) (Entered: 11/09/2016)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M - Filed Under Seal

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14 Exhibit N

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Nov. 9, 2016

Nov. 9, 2016

PACER
81

Sealed Event, filed. (With attachments) (Entered: 11/09/2016)

Nov. 9, 2016

Nov. 9, 2016

PACER
82

Agreed MOTION for Harris County Criminal County Court at Law Judges to File Combined Motions to Dismiss by Robin Brown, Diane Bull, John Clinton, Pam Derbyshire, Mike Fields, Natalie C. Fleming, Linda Garcia, Paula Goodhart, Bill Harmon, Margaret Harris, Jean Hughes, Jay Karahan, Donald Smyth, Dan Spjut, Larry Standley, Analia Wilkerson, filed. Motion Docket Date 11/30/2016. (O'Neill, John) (Entered: 11/09/2016)

Nov. 9, 2016

Nov. 9, 2016

PACER
83

MOTION to Dismiss 54 Amended Complaint/Counterclaim/Crossclaim etc. by Harris County, Texas, filed. Motion Docket Date 11/30/2016. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(David, Katharine) (Entered: 11/09/2016)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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Nov. 9, 2016

Nov. 9, 2016

PACER
84

Amended MOTION to Dismiss 54 Amended Complaint/Counterclaim/Crossclaim etc. by Harris County, Texas, filed. Motion Docket Date 11/30/2016. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(David, Katharine) (Entered: 11/09/2016)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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Nov. 9, 2016

Nov. 9, 2016

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85

MOTION to Dismiss 54 Amended Complaint/Counterclaim/Crossclaim etc. by Eric Stewart Hagstette, Joseph Licata III, Ronald Nicholas, Blanca Estela Villagomez, Jill Wallace, filed. Motion Docket Date 11/30/2016. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(David, Katharine) (Entered: 11/09/2016)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Nov. 9, 2016

Nov. 9, 2016

PACER
86

PROPOSED ORDER re: 82 Agreed MOTION for Harris County Criminal County Court at Law Judges to File Combined Motions to Dismiss, filed.(O'Neill, John) (Entered: 11/10/2016)

Nov. 10, 2016

Nov. 10, 2016

PACER
87

ORDER entered GRANTING 82 Agreed MOTION for Harris County Criminal County Court at Law Judges to File Combined Motions to Dismiss.(Signed by Judge Lee H Rosenthal) Parties notified.(leddins, 4) (Entered: 11/10/2016)

Nov. 10, 2016

Nov. 10, 2016

PACER
88

PROPOSED ORDER No. 1 re: 80 MOTION to Dismiss UNDER YOUNGER ABSTENTION AND OTHER 12(B)(1) GROUNDS MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UNDER 12(B)(6), 81 Sealed Event, filed.(O'Neill, John) (Entered: 11/10/2016)

Nov. 10, 2016

Nov. 10, 2016

PACER
89

PROPOSED ORDER No. 2 re: 80 MOTION to Dismiss UNDER YOUNGER ABSTENTION AND OTHER 12(B)(1) GROUNDS MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UNDER 12(B)(6), 81 Sealed Event, filed.(O'Neill, John) (Entered: 11/10/2016)

Nov. 10, 2016

Nov. 10, 2016

PACER
90

Joint MOTION for Protective Order by Robin Brown, Diane Bull, John Clinton, Pam Derbyshire, Mike Fields, Natalie C. Fleming, Linda Garcia, Paula Goodhart, Bill Harmon, Margaret Harris, Jean Hughes, Jay Karahan, Donald Smyth, Dan Spjut, Larry Standley, Analia Wilkerson, filed. Motion Docket Date 12/5/2016. (Attachments: # 1 Exhibit A - Agreed Protective Order)(O'Neill, John) (Entered: 11/14/2016)

1 Exhibit A - Agreed Protective Order

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Nov. 14, 2016

Nov. 14, 2016

PACER
91

AGREED PROTECTIVE ORDER entered : GRANTING 90 Joint MOTION for Protective Order. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4) (Entered: 11/15/2016)

Nov. 15, 2016

Nov. 15, 2016

PACER
92

RESPONSE in Opposition to 80 MOTION to Dismiss UNDER YOUNGER ABSTENTION AND OTHER 12(B)(1) GROUNDS MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UNDER 12(B)(6), filed by Maranda Lynn ODonnell. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Rossi, Elizabeth) (Entered: 11/18/2016)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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Nov. 18, 2016

Nov. 18, 2016

PACER
93

RESPONSE in Opposition to 84 Amended MOTION to Dismiss 54 Amended Complaint/Counterclaim/Crossclaim etc., filed by Maranda Lynn ODonnell. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Rossi, Elizabeth) (Entered: 11/18/2016)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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Nov. 18, 2016

Nov. 18, 2016

PACER
94

RESPONSE in Opposition to 83 MOTION to Dismiss 54 Amended Complaint/Counterclaim/Crossclaim etc., filed by Maranda Lynn ODonnell. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Rossi, Elizabeth) (Entered: 11/18/2016)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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Nov. 18, 2016

Nov. 18, 2016

PACER
95

RESPONSE in Opposition to 85 MOTION to Dismiss 54 Amended Complaint/Counterclaim/Crossclaim etc., filed by Maranda Lynn ODonnell. (Rossi, Elizabeth) (Entered: 11/18/2016)

Nov. 18, 2016

Nov. 18, 2016

PACER
96

Opposed MOTION to Stay Resolution of Sheriff Hickman's Amended Motion to Dismiss (Docket Entry No. 84) by Ronald Ryan Ford, Loetha Shanta McGruder, Maranda Lynn ODonnell, filed. Motion Docket Date 12/13/2016. (Attachments: # 1 Exhibit 1 - Declaration of Sheriff-Elect Ed Gonzalez)(Rossi, Elizabeth) (Entered: 11/22/2016)

1 Exhibit 1 - Declaration of Sheriff-Elect Ed Gonzalez

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Nov. 22, 2016

Nov. 22, 2016

PACER
97

RESPONSE in Opposition to 96 Opposed MOTION to Stay Resolution of Sheriff Hickman's Amended Motion to Dismiss (Docket Entry No. 84), filed by Harris County, Texas, Sheriff Ron Hickman. (David, Katharine) (Entered: 11/22/2016)

Nov. 22, 2016

Nov. 22, 2016

PACER

Case Details

State / Territory: Texas

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: May 19, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

"[M]isdemeanor arrestees who are detained by Harris County . . . for whom a secured financial condition of release has been set and who cannot pay the amount necessary for release on the secured money bail because of indigence"

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

Equal Justice Under Law

Civil Rights Corps

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Harris County Judges (Harris), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 4,000,000

Order Duration: 2019 - 2026

Content of Injunction:

Preliminary relief granted

Issues

General:

Commitment procedure

Fines/Fees/Bail/Bond

Over/Unlawful Detention

Pattern or Practice

Placement in detention facilities