Case: West v. City of Hitchcock

3:16-cv-00309 | U.S. District Court for the Southern District of Texas

Filed Date: Nov. 3, 2016

Closed Date: Dec. 19, 2019

Clearinghouse coding complete

Case Summary

This case was originally named West v. City of Santa Fe. It was recaptioned when one of the court severed one of the plaintiffs from the original case to pursue claims against the City of Santa Fe alone; the original case pursued claims against the city of Hitchcock, Texas. The new case was titled Fuller v. Santa Fe, 3:18-cv-00283 (S.D. Tex.).On November 3, 2016, three individuals under threat of being jailed for failure to pay fines to the City of Santa Fe filed this lawsuit in the U.S. Distri…

This case was originally named West v. City of Santa Fe. It was recaptioned when one of the court severed one of the plaintiffs from the original case to pursue claims against the City of Santa Fe alone; the original case pursued claims against the city of Hitchcock, Texas. The new case was titled Fuller v. Santa Fe, 3:18-cv-00283 (S.D. Tex.).

On November 3, 2016, three individuals under threat of being jailed for failure to pay fines to the City of Santa Fe filed this lawsuit in the U.S. District Court for the Southern District of Texas. The plaintiffs sued the City of Santa Fe, the Municipal Judge, and the Chief of Police under 42 U.S.C. § 1983, alleging that the defendants run a modern-day debtors' prison to raise revenue for the City. They claimed that city officials have colluded on an unconstitutional two-tiered system of justice by which the City and Municipal Judge agreed to raise the costs of the traffic and other misdemeanor fines to boost revenue and the City extracts payments from local residents. Police officers regularly jail people who fail to pay their fines without giving them access to a lawyer or the chance to mount a legal defense, nor are they given the opportunity to see a judge for the constitutionally mandated hearing on their ability to pay. Moreover, the police chief makes jail intolerable, giving detainees too little food to eat and depriving them of medical care. Represented by the American Civil Liberties Union of Texas, the plaintiffs asked the court for injunctive and declaratory relief, damages, and attorneys fees. They also sought class certification.

The plaintiffs alleged that the revenue-generating scheme begins with Municipal Court proceedings, which its jurisdiction is limited to tickets for class C misdemeanors. These offenses are defined by Texas law as "nonjailable," "fine only" offenses, punishable by a fine up to $500. For an individual unable to make timely payments in full, the Municipal Court issues a "capias pro fine" warrant for failure to pay a fine. Individuals who have a capias pro fine have two options: pay in full or turn themselves in to the police. Police also search for people subject to capias pro fine warrants, sometimes arresting people at their homes in front of family, friends, and neighbors. Though police have the option of taking such individuals before a court, they do not. Instead, they transfer them to the police chief and book them into jail where they will be held until they pay their debt in full or satisfy the fines with "jail credit."

The allegations continued, claiming that once in jail, individuals are subjected to unsafe conditions without proper food. The complaint terms this the "Hungry Man policy," and alleges that jailed individuals are fed one Pop Tart for breakfast, one Pop Tart for lunch, and a frozen meal, such as a Hungry Man meal, for dinner. This amounts to only about 750 calories a day, which is less than half of the calories the average sedentary adult requires, and less than a third of the calories sedentary young men require.

Judge George C Hanks, Jr. denied class certification without prejudice on September 18, 2017, without providing a detailed reason in the order. On October 11, 2017, one of the named plaintiffs voluntarily dismissed his claims; the other two plaintiffs proceeded on this single case without him.

The plaintiffs filed an amended complaint on October 23, 2017, adding a magistrate judge, in his individual capacity, and the Chief of Police, in his official capacity, as defendants.

The case was temporarily assigned to Magistrate Judge Andrew Edison on June 1, 2018.

On June 4, 2019, the defendants filed a sealed motion calling the plaintiff's capacity to prosecute the lawsuit into question. This appeared to be due to some health issue, since the District Court granted a 60-day stay of the case on June 18, 2019 to allow the plaintiff to access medical care in hopes of continuing the suit after.

Magistrate Judge Edison provided a recommendation against granting the defendant's various motions to dismiss on August 16, 2018, saying that all plaintiffs in the case had standing and that the injuries alleged in the case amounted to civil rights violations. 2018 WL 4047115. Though he did not explicitly recommend severing the claims against Hitchcock and Santa Fe at this point, the Magistrate Judge discussed each plaintiff's claims against their respective cities separately. This likely influenced Judge Hanks's decision to sever the two cases when he adopted the Magistrate Judge's recommendation on September 19. 2018 WL 5276264.

The case was reassigned to Judge Jeffrey V. Brown. Judge Brown conditionally dismissed the case on October 23, 2019 because the parties had come to a settlement agreement in Fuller v. City of Santa Fe that covered the class of plaintiffs named here. The Clearinghouse has been unable to find text of a settlement agreement. The case was officially dismissed on December 6, 2019 because neither party filed a motion to dispose of the case on a final judgment by that deadline set in in the October 23 order.

Summary Authors

Saeeda Joseph-Charles (12/2/2016)

Virginia Weeks (3/23/2018)

Ellen Aldin (6/8/2020)

Related Cases

Fuller v. City of Santa Fe, Southern District of Texas (2016)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/7015660/parties/west-v-city-of-hitchcock-texas/


Judge(s)

Brown, Jeffrey Vincent None (Texas)

Edison, Andrew M (Texas)

Hanks, George Carol Jr. (Texas)

Attorneys(s) for Plaintiff

Robertson, Rebecca Lynn (Texas)

Salvador, Anjali (Texas)

Segura, Andre (Texas)

Trigilio, Trisha (Texas)

Attorneys(s) for Defendant

Giles, Norman Ray (Texas)

Helfand, William Scott (Texas)

Judge(s)

Brown, Jeffrey Vincent None (Texas)

Edison, Andrew M (Texas)

Hanks, George Carol Jr. (Texas)

Attorneys(s) for Plaintiff

Robertson, Rebecca Lynn (Texas)

Salvador, Anjali (Texas)

Segura, Andre (Texas)

Trigilio, Trisha (Texas)

Attorneys(s) for Defendant

Giles, Norman Ray (Texas)

Helfand, William Scott (Texas)

Documents in the Clearinghouse

Document

3:16-cv-00309

Docket [PACER]

Oct. 23, 2019

Oct. 23, 2019

Docket
1

3:16-cv-00309

Class Action Complaint

West v. City of Santa Fe

Nov. 3, 2016

Nov. 3, 2016

Complaint
43

3:16-cv-00309

First Amended Complaint

West v. City of Santa Fe, Texas

Oct. 23, 2017

Oct. 23, 2017

Complaint
68

3:16-cv-00309

Memorandum and Recommendation

West v. City of Santa Fe

2018 WL 4047115

Aug. 16, 2018

Aug. 16, 2018

Order/Opinion
78

3:16-cv-00309

Order Adopting Magistrate Judge's Memorandum and Recommendation & Severing Cases

West v. City of Santa Fe

2018 WL 5276264

Sept. 19, 2018

Sept. 19, 2018

Order/Opinion
117

3:16-cv-00309

Conditional Dismissal Order

West v. Santa Fe

Oct. 23, 2019

Oct. 23, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7015660/west-v-city-of-hitchcock-texas/

Last updated Aug. 2, 2022, 3:22 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541-17467807) filed by George West, Brady Fuller, Robert Jones. (Attachments: # 1 Civil Cover Sheet)(Trigilio, Trisha) (Entered: 11/03/2016)

1 Civil Cover Sheet

View on PACER

Nov. 3, 2016

Nov. 3, 2016

PACER
2

MOTION to Certify Class by Brady Fuller, Robert Jones, George West, filed. Motion Docket Date 11/25/2016. (Attachments: # 1 Proposed Order, # 2 Appendix Exhibit List, # 3 Exhibit A: Municipal Court Website Excerpts, # 4 Exhibit B: Capias Pro Fine Warrants, # 5 Exhibit C: Emails About Feeding Prisoners, # 6 Exhibit D: Municipal Court Statistical Report, # 7 Exhibit E: Jail Booking List Excerpts, # 8 Exhibit F: Municipal Court Responses to Open Records Requests, # 9 Exhibit G: Capias Pro Fine Warrant List, # 10 Exhibit H: Decl. of Rebecca Robertson, # 11 Exhibit I: Decl. of Trisha Trigilio, # 12 Exhibit J: U.S. Census Quickfacts on Galveston County)(Trigilio, Trisha) (Entered: 11/03/2016)

1 Proposed Order

View on PACER

2 Appendix Exhibit List

View on PACER

3 Exhibit A: Municipal Court Website Excerpts

View on PACER

4 Exhibit B: Capias Pro Fine Warrants

View on PACER

5 Exhibit C: Emails About Feeding Prisoners

View on PACER

6 Exhibit D: Municipal Court Statistical Report

View on PACER

7 Exhibit E: Jail Booking List Excerpts

View on PACER

8 Exhibit F: Municipal Court Responses to Open Records Requests

View on PACER

9 Exhibit G: Capias Pro Fine Warrant List

View on PACER

10 Exhibit H: Decl. of Rebecca Robertson

View on PACER

11 Exhibit I: Decl. of Trisha Trigilio

View on PACER

12 Exhibit J: U.S. Census Quickfacts on Galveston County

View on PACER

Nov. 3, 2016

Nov. 3, 2016

PACER
3

Request for Issuance of Summons as to All Defendants, filed. (Attachments: # 1 Summons request for Municipal Judge Carlton Getty, # 2 Summons request for Police Chief Jeffrey Powell)(Trigilio, Trisha) (Entered: 11/03/2016)

1 Summons request for Municipal Judge Carlton Getty

View on PACER

2 Summons request for Police Chief Jeffrey Powell

View on PACER

Nov. 3, 2016

Nov. 3, 2016

PACER

Summons Not Issued as to City of Santa Fe, Texas, Carlton Getty, Jeffrey Powell due to these deficiencies: Name/Address of Plaintiff Attorney or Plaintff not present. Attorney or Plaintiff notified of deficiencies by NEF, filed.(agould, 3)

Nov. 4, 2016

Nov. 4, 2016

PACER
4

DOCKETED IN ERROR - INCORRECT DATE FOR INITIAL CONFERENCE - SEE DE 5 . Parties notified.(dwilkerson, 3) Modified on 11/4/2016 (dwilkerson, 3). (Entered: 11/04/2016)

Nov. 4, 2016

Nov. 4, 2016

PACER
5

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 2/10/2017 at 09:30 AM in Sixth Floor Courtroom before Judge George C Hanks Jr(Signed by Judge George C Hanks, Jr) Parties notified.(dwilkerson, 3) (Entered: 11/04/2016)

Nov. 4, 2016

Nov. 4, 2016

PACER
6

Request for Issuance of Summons as to All Defendants, filed. (Attachments: # 1 Summons request for Municipal Judge Carlton Getty, # 2 Summons request for Police Chief Jeffrey Powell)(Trigilio, Trisha) (Entered: 11/07/2016)

1 Summons request for Municipal Judge Carlton Getty

View on PACER

2 Summons request for Police Chief Jeffrey Powell

View on PACER

Nov. 7, 2016

Nov. 7, 2016

PACER
7

NOTICE of Appearance by Rebecca L. Robertson on behalf of Brady Fuller, Robert Jones, George West, filed. (Robertson, Rebecca) (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

PACER

Summons Issued as to City of Santa Fe, Texas, Carlton Getty, Jeffrey Powell. Issued summons returned to plaintiff by: First-class mail, filed.(agould, 3)

Nov. 8, 2016

Nov. 8, 2016

PACER
8

CERTIFICATE OF INTERESTED PARTIES by Brady Fuller, Robert Jones, George West, filed.(Trigilio, Trisha) (Entered: 11/17/2016)

Nov. 17, 2016

Nov. 17, 2016

PACER
9

RETURN of Service of SUMMONS Executed as to City of Santa Fe, Texas served on 11/22/2016, answer due 12/13/2016, filed.(Robertson, Rebecca) (Entered: 11/28/2016)

Nov. 28, 2016

Nov. 28, 2016

PACER
10

RETURN of Service of SUMMONS Executed as to Jeffrey Powell served on 11/23/2016, answer due 12/14/2016, filed.(Robertson, Rebecca) (Entered: 11/28/2016)

Nov. 28, 2016

Nov. 28, 2016

PACER
11

REQUEST for pre-motion conference re: 1 Complaint, filed.(Giles, Norman) (Entered: 12/13/2016)

Dec. 13, 2016

Dec. 13, 2016

PACER
12

RESPONSE to Defendants' request for pre-motion conference, filed by Brady Fuller, Robert Jones, George West. (Trigilio, Trisha) (Entered: 12/19/2016)

Dec. 19, 2016

Dec. 19, 2016

PACER
13

RETURN of Service of SUMMONS Executed as to Carlton Getty served on 12/14/2016, answer due 1/4/2017, filed.(Robertson, Rebecca) (Entered: 12/23/2016)

Dec. 23, 2016

Dec. 23, 2016

PACER
14

NOTICE of Setting as to 11 REQUEST for pre-motion conference re: 1 Complaint. Parties notified. Pre-Motion Conference set for 1/11/2017 at 02:45 PM in by telephone before Judge George C Hanks Jr, filed. Please call the conference line ten minutes prior to the scheduled hearing at 409-763-7801.***This line will be open 10 minutes prior to the hearing. Once you call the number, you will be connected to the meet-me-line; there will be silence so please hold until the Case Manager calls in to connect all parties. Everyone must be on a land line. No cell phones or speaker phones are permitted. If you have a volume control, please be sure that it is turned up. If more than one attorney/party is on the line, FOR CLARITY OF THE RECORD, PLEASE STATE YOUR NAME WHEN RESPONDING TO THE COURT. *** (dperez, 3) (Entered: 12/30/2016)

Dec. 30, 2016

Dec. 30, 2016

PACER
15

Minute Entry for proceedings held before Judge George C Hanks, Jr. PRE-MOTION CONFERENCE held on 1/11/2017 The Court defers ruling on Motion to Certify Class until ruling on 12(b)(6)motion to Dismiss, 12(b)(6) Motion to Dismiss to be filed by January 20, 2017, ( Responses due by 2/10/2017., Replies due by 2/17/2017). Appearances: Norman Ray Giles, Rebecca L Robertson, Trisha Trigilio.(Digital # 2:57 - 3:14)(ERO:Donna Wilkerson), filed.(agould, 3) (Entered: 01/11/2017)

Jan. 11, 2017

Jan. 11, 2017

PACER
16

Opposed MOTION to Dismiss by City of Santa Fe, Texas, filed. Motion Docket Date 2/10/2017. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Proposed Order)(Giles, Norman) . (Entered: 01/20/2017)

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 Exhibit G

View on PACER

8 Proposed Order

View on PACER

Jan. 20, 2017

Jan. 20, 2017

PACER
17

JOINT DISCOVERY/CASE MANAGEMENT PLAN by Brady Fuller, Robert Jones, George West, filed.(Trigilio, Trisha) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
18

NOTICE of Resetting. Parties notified. Initial Conference reset for 2/10/2017 at 09:30 AM in 7th Floor Courtroom before Magistrate Judge John R Froeschner, filed. (ltrevino, 3) (Entered: 02/08/2017)

Feb. 8, 2017

Feb. 8, 2017

PACER
19

RESPONSE in Opposition to 16 Opposed MOTION to Dismiss, filed by Brady Fuller, Robert Jones, George West. (Trigilio, Trisha) (Entered: 02/10/2017)

Feb. 10, 2017

Feb. 10, 2017

PACER
20

** DOCKETED IN ERROR ** Minute Entry incorrect, disregard. See DE 21 for correct Minute Entry, filed.(dwilkerson, 3) Modified on 2/13/2017 (dwilkerson, 3). (Entered: 02/13/2017)

Feb. 10, 2017

Feb. 10, 2017

PACER
21

Minute Entry for proceedings held before Magistrate Judge John R Froeschner. SCHEDULING CONFERENCE held on 2/10/2017. Appearances:William Helfand, by telephone; Trisha Trigilio. Initial Conference held. No docket control order to be issued. Order to follow. Court Time: 9:35 - 9:38; 10:14 - 10:22. (ERO:Dana Perez), filed.(dwilkerson, 3) (Entered: 02/13/2017)

Feb. 10, 2017

Feb. 10, 2017

PACER
22

ORDER re Docket Control Order. No Docket Control Order issued following Initial Conference of 2/10/2017 for reasons set out in the record and in Order.(Signed by Magistrate Judge John R Froeschner) Parties notified.(dwilkerson, 3) (Entered: 02/13/2017)

Feb. 10, 2017

Feb. 10, 2017

PACER
23

REPLY in Support of 16 Opposed MOTION to Dismiss, filed by City of Santa Fe, Texas, Carlton Getty, Jeffrey Powell. (Helfand, William) (Entered: 02/16/2017)

Feb. 16, 2017

Feb. 16, 2017

PACER
24

MOTION to Deem Defendants' New Arguments Waived by Brady Fuller, Robert Jones, George West, filed. Motion Docket Date 3/17/2017. (Attachments: # 1 Proposed Order Deeming New Arguments Waived, # 2 Exhibit A, in the alternative, Plaintiffs' Proposed Surreply)(Trigilio, Trisha). (Entered: 02/24/2017)

1 Proposed Order Deeming New Arguments Waived

View on PACER

2 Exhibit A, in the alternative, Plaintiffs' Proposed Surreply

View on PACER

Feb. 24, 2017

Feb. 24, 2017

PACER
25

RESPONSE in Opposition to 24 MOTION to Deem Defendants' New Arguments Waived, filed by City of Santa Fe, Texas, Carlton Getty, Jeffrey Powell. (Giles, Norman) (Entered: 03/03/2017)

March 3, 2017

March 3, 2017

PACER
26

REPLY in Support of 16 Opposed MOTION to Dismiss, filed by City of Santa Fe, Texas, Carlton Getty, Jeffrey Powell. (Giles, Norman) (Entered: 03/09/2017)

March 9, 2017

March 9, 2017

PACER
27

Opposed MOTION for Protective Order by City of Santa Fe, Texas, Carlton Getty, Jeffrey Powell, filed. Motion Docket Date 4/13/2017. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Proposed Order Proposed Order)(Giles, Norman) . (Entered: 03/23/2017)

1 Exhibit Exhibit A

View on PACER

2 Exhibit Exhibit B

View on PACER

3 Exhibit Exhibit C

View on PACER

4 Proposed Order Proposed Order

View on PACER

March 23, 2017

March 23, 2017

PACER
28

RESPONSE in Opposition to 27 Opposed MOTION for Protective Order, filed by Brady Fuller, Robert Jones, George West. (Attachments: # 1 Proposed Order)(Trigilio, Trisha) (Entered: 04/06/2017)

1 Proposed Order

View on PACER

April 6, 2017

April 6, 2017

PACER
29

MOTION for Rebecca L. Robertson to Withdraw as Attorney by Brady Fuller, Robert Jones, George West, filed. Motion Docket Date 6/21/2017. (Robertson, Rebecca) (Entered: 05/31/2017)

May 31, 2017

May 31, 2017

PACER
30

ORDER granting 29 Motion to Withdraw as Attorney. Attorney Rebecca L Robertson terminated.(Signed by Judge George C Hanks, Jr) Parties notified.(agould, 3) (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

PACER
31

NOTICE of Setting. Parties notified. Status Conference set for 9/15/2017 at 05:00 PM in by telephone before Judge George C Hanks Jr, filed. Please call the conference line at 409-763-7801 ten minutes prior to the scheduled hearing. Once you call the number, you will be connected to the meet-me-line; there will be silence so please hold until the Case Manager calls in to connect all parties. Everyone must be on a landline. No cell phones or speaker phones are permitted. If you have a volume control, please be sure that it is turned up. If more than one attorney/party is on the line, for clarity of the record, please state your name when responding to the Court. (ltrevino, 3) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER
32

NOTICE of Resetting. Parties notified. Status Conference set for 9/18/2017 at 08:00 AM in by telephone before Judge George C Hanks Jr, filed. Please call the conference line at 409-763-7801 ten minutes prior to the scheduled hearing. Once you call the number, you will be connected to the meet-me-line; there will be silence so please hold until the Case Manager calls in to connect all parties. Everyone must be on a land line. No cell phones or speaker phones are permitted. If you have a volume control, please be sure that it is turned up. If more than one attorney/party is on the line, for clarity of the record, please state your name when responding to the Court. (SusanGram, 3) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
33

NOTICE of Setting. Parties notified. Status Conference set for 10/12/2017 at 08:00 AM in by telephone before Judge George C Hanks Jr, filed. Please call the conference line at 409-763-7801 ten minutes prior to the scheduled hearing. Once you call the number, you will be connected to the meet-me-line; there will be silence so please hold until the Case Manager calls in to connect all parties. Everyone must be on a land line. No cell phones or speaker phones are permitted. If you have a volume control, please be sure that it is turned up. If more than one attorney/party is on the line, for clarity of the record, please state your name when responding to the Court. (SusanGram, 3) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER
34

Minute Entry for proceedings held before Judge George C Hanks, Jr. STATUS CONFERENCE held on 9/18/2017. This case is administratively closed until October 12, 2017. Status Conference set for 10/12/2017 at 08:00 AM in Sixth Floor Courtroom before Judge George C Hanks Jr Appearances: William Scott Helfand by telephone, Trisha Trigilio by telephone.(ERO:Andy Gould), filed.(agould, 3) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER
35

ORDER denying 2 MOTION to Certify Class (Telephonic Status Conference set for 10/12/2017 at 08:00 AM by telephone before Judge George C Hanks Jr), Case terminated on 9/18/17(Signed by Judge George C Hanks, Jr) Parties notified.(dperez, 3) (Entered: 09/19/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER
36

AO 435 TRANSCRIPT REQUEST by Trisha Trigilio for Transcript of Status Conference on 9/18/17 before Judge Hanks. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Digital Scroll Transcription Services, filed. (Trigilio, Trisha) ELECTRONICALLY FORWARDED TO DIGITAL SCROLL 10/10/2017 (agould, 3). (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER
37

[CHANGE AS TO TIME ONLY] NOTICE of Resetting. Parties notified. Status Conference set for 10/12/2017 at 08:30 AM in by telephone before Judge George C Hanks Jr, filed. (SusanGram, 3) Modified on 10/11/2017 (SusanGram, 3). (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

PACER
38

NOTICE of Dismissal as to Robert Jones by Robert Jones, filed. (Trigilio, Trisha) (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

PACER
39

TRANSCRIPT re: Status Conference (Telephonically) held on 9/18/2017 before Judge George C Hanks, Jr. Court Reporter/Transcriber Digital Scroll Transcription. Ordering Party Trisha Trigilio Release of Transcript Restriction set for 1/10/2018., filed. (lgriffin, ) (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

PACER
40

Minute Entry for proceedings held before Judge George C Hanks, Jr. STATUS CONFERENCE held on 10/13/2017.Plaintiff to file an Amended Complaint by October 23, 2017 at 5:00 AM. Defendant to supplement its Motion to Dismiss, if necessary, by October 30, 2017 at 5:00 AM. Plaintiffs response to Defendants Motion to Dismiss to be filed by November 10, 2017 at 5:00 AM. Appearances: Norman Ray Giles, Trisha Trigilio.(Digital # 9:12 - 9:34)(ERO:Dana Perez), filed.(lusmith, 3) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER
41

AO 435 TRANSCRIPT REQUEST by Trisha Trigilio for Transcript of 10/12/17. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Digital Scroll Transcription Services, filed. (Trigilio, Trisha) ELECTRONICALLY FORWARDED TO DIGITAL SCROLL TRANSCRIPTION 10/17/2017. (agould, 3). (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
42

TRANSCRIPT re: Status Conference by Telephone held on 10/12/2017 before Judge George C Hanks, Jr. Court Reporter/Transcriber Digital Scroll Transcription. Ordering Party Trisha Trigilio Release of Transcript Restriction set for 1/16/2018., filed. (lgriffin, ) (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

PACER
43

First AMENDED COMPLAINT with Jury Demand against City of Santa Fe, Texas, City of Hitchcock, Texas filed by George West, Brady Fuller.(Trigilio, Trisha) (Entered: 10/23/2017)

Oct. 23, 2017

Oct. 23, 2017

PACER
44

Agreed MOTION for Extension of Time To File Defendants' Supplement to Motion to Dismiss Plaintiffs' Claims by City of Santa Fe, Texas, Carlton Getty, Jeffrey Powell, filed. Motion Docket Date 11/17/2017. (Attachments: # 1 Proposed Order)(Giles, Norman) (Entered: 10/27/2017)

1 Proposed Order

View on PACER

Oct. 27, 2017

Oct. 27, 2017

PACER
45

SUPPLEMENT to 16 Opposed MOTION to Dismiss by City of Santa Fe, Texas, Carlton Getty, Jeffrey Powell, filed. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Proposed Order)(Giles, Norman) (Entered: 10/30/2017)

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 Proposed Order

View on PACER

Oct. 30, 2017

Oct. 30, 2017

PACER
46

ANSWER to 43 Amended Complaint/Counterclaim/Crossclaim etc. with Jury Demand by City of Santa Fe, Texas, filed.(Giles, Norman) (Entered: 11/02/2017)

Nov. 2, 2017

Nov. 2, 2017

PACER
47

ORDER granting 44 Motion for Extension of Time. The deadline for Defendants to file the Supplement to their previously-filed motion to dismiss is extended to November 1, 2017.The deadline for Plaintiffs to file their Response to Defendants Supplement is extended to November 13, 2017.(Signed by Judge George C Hanks, Jr) Parties notified.(jegonzalez, 3) (Entered: 11/08/2017)

Nov. 8, 2017

Nov. 8, 2017

PACER
48

Supplemental RESPONSE in Opposition to 16 Opposed MOTION to Dismiss, filed by Brady Fuller, George West. (Trigilio, Trisha) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
49

Request for Issuance of Summons as to City of Hitchcock, Texas, filed.(Trigilio, Trisha) (Entered: 01/17/2018)

Jan. 17, 2018

Jan. 17, 2018

PACER

Summons Issued as to City of Hitchcock, Texas. Issued summons delivered to plaintiff by First-class mail, filed.(agould, 3)

Jan. 18, 2018

Jan. 18, 2018

PACER
50

RETURN of Service of SUMMONS Executed as to City of Hitchcock, Texas served on 1/19/2018, answer due 2/9/2018, filed.(Trigilio, Trisha) (Entered: 01/23/2018)

Jan. 23, 2018

Jan. 23, 2018

PACER
51

REQUEST for pre-motion conference, filed.(Giles, Norman) (Entered: 02/09/2018)

Feb. 9, 2018

Feb. 9, 2018

PACER
52

RESPONSE to 51 REQUEST for pre-motion conference, filed by George West. (Trigilio, Trisha) (Entered: 02/14/2018)

Feb. 14, 2018

Feb. 14, 2018

PACER
53

ORDER denying as moot 51 Request for Pre-Motion Conference. Defendant City of Hitchcock is hereby instructed to file its proposed motion to dismiss within 10 days of the issuance of this Order.(Signed by Judge George C Hanks, Jr) Parties notified.(agould, 3) (Entered: 02/14/2018)

Feb. 14, 2018

Feb. 14, 2018

PACER
54

Opposed MOTION to Dismiss 43 Amended Complaint/Counterclaim/Crossclaim etc. by City of Hitchcock, Texas, filed. Motion Docket Date 3/7/2018. (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, # 9 Exhibit 9, # 10 Exhibit Court Records Affidavit, # 11 Proposed Order)(Helfand, William) (Entered: 02/14/2018)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

5 Exhibit 5

View on PACER

6 Exhibit 6

View on PACER

7 Exhibit 7

View on PACER

8 Exhibit 8

View on PACER

9 Exhibit 9

View on PACER

10 Exhibit Court Records Affidavit

View on PACER

11 Proposed Order

View on PACER

Feb. 14, 2018

Feb. 14, 2018

PACER
55

RESPONSE in Opposition to 54 Opposed MOTION to Dismiss 43 Amended Complaint/Counterclaim/Crossclaim etc., filed by George West. (Trigilio, Trisha) (Entered: 03/07/2018)

March 7, 2018

March 7, 2018

PACER
56

REPLY to Response to 54 Opposed MOTION to Dismiss 43 Amended Complaint/Counterclaim/Crossclaim etc., filed by City of Hitchcock, Texas. (Helfand, William) (Entered: 03/19/2018)

March 19, 2018

March 19, 2018

PACER
57

NOTICE of Referral of Motion to Magistrate Judge Andrew Edison re 54 Opposed MOTION to Dismiss 43 Amended Complaint/Counterclaim/Crossclaim etc., filed. (jegonzalez, 3) (Entered: 06/01/2018)

June 1, 2018

June 1, 2018

PACER
58

NOTICE of Setting as to 54 Opposed MOTION to Dismiss 43 Amended Complaint/Counterclaim/Crossclaim etc. . Parties notified. Motion Hearing set for 7/11/2018 at 10:00 AM in the 7th Floor Courtroom before Magistrate Judge Andrew M Edison, filed. (wbostic, 4) (Entered: 06/18/2018)

June 18, 2018

June 18, 2018

PACER

Minute entry for proceedings before Magistrate Judge Andrew M. Edison. Motion hearing held on July 11, 2018. The Court heard arguments on the City of Hitchcock's Motion to Dismiss [Dkt. 54] and the motion is taken under advisement. The parties will provide a 2-3 page letter by the close of business Wednesday, July 18, 2018, on how O Donnell impacts this case. Appearances: Trisha Trigilio and Andre Segura for the plaintiffs and Norman Ray Giles for the defendant City of Hitchcock. (ERO:Yes), filed. (wbostic, 4)

July 11, 2018

July 11, 2018

PACER
59

NOTICE of Referral of Motion to Magistrate Judge Andrew Edison re 16 Opposed MOTION to Dismiss, filed. (jegonzalez, 3) (Entered: 07/17/2018)

July 17, 2018

July 17, 2018

PACER
60

NOTICE of Setting as to 16 Opposed MOTION to Dismiss . Parties notified. Status Conference set for 7/18/2018 at 02:30 PM in by telephone before Magistrate Judge Andrew M Edison, filed. (wbostic, 4) (Entered: 07/17/2018)

July 17, 2018

July 17, 2018

PACER

Minute entry for proceedings before Magistrate Judge Andrew M. Edison. Status conference held on July 18, 2018. The parties discussed the Motion to Dismiss [Dkt. 16] filed by the City of Santa Fe and it will be taken under advisement. Appearances: Trisha Trigilio and Andre Segura for the plaintiffs and Norman Ray Giles for the defendant City of Santa Fe, Texas. (ERO:Yes), filed. (wbostic, 4)

July 18, 2018

July 18, 2018

PACER
61

Letter Brief Regarding ODonnell's Impact on Case by City of Hitchcock, Texas, City of Santa Fe, Texas, filed.(Giles, Norman) (Entered: 07/18/2018)

July 18, 2018

July 18, 2018

PACER
62

SUPPLEMENT to Motion Hearing,, by George West, filed.(Trigilio, Trisha) (Entered: 07/18/2018)

July 18, 2018

July 18, 2018

PACER
63

Corrected SUPPLEMENT to Motion Hearing,, by George West, filed.(Trigilio, Trisha) (Entered: 07/18/2018)

July 18, 2018

July 18, 2018

PACER
64

NOTICE of Referral of Motion to Magistrate Judge Andrew Edison re 24 MOTION to Deem Defendants' New Arguments Waived, 27 Opposed MOTION for Protective Order, filed. (jegonzalez, 3) (Entered: 07/20/2018)

July 20, 2018

July 20, 2018

PACER
65

ORDER denying 24 Motion to Deem Defendants' New Arguments Waived. The Court grants Plaintiffs leave to file Plaintiffs' Surreply in Opposition to Defendants' Motion to Dismiss attached as Exhibit A to Plaintiffs' Motion. Plaintiffs must file the Surreply by Thursday, July 26, 2018. (Signed by Magistrate Judge Andrew M Edison) Parties notified. (wbostic, 4) (Entered: 07/24/2018)

July 24, 2018

July 24, 2018

PACER
66

NOTICE of Appearance by Andre Segura on behalf of Brady Fuller, Robert Jones, George West, filed. (Segura, Andre) (Entered: 07/26/2018)

July 26, 2018

July 26, 2018

PACER
67

SURREPLY to 16 Opposed MOTION to Dismiss, filed by Brady Fuller. (Attachments: # 1 Surreply)(Trigilio, Trisha) (Entered: 07/26/2018)

1 Surreply

View on PACER

July 26, 2018

July 26, 2018

PACER
68

MEMORANDUM AND RECOMMENDATION entered. The Court RECOMMENDS that the Defendant City of Hitchcock's Opposed Motion to Dismiss 54 and Defendants' Opposed Motion to Dismiss Plaintiffs' Claims 16 be DENIED. Objections to M&R due by 8/30/2018. (Signed by Magistrate Judge Andrew M Edison) Parties notified. (wbostic, 4) (Entered: 08/16/2018)

Aug. 16, 2018

Aug. 16, 2018

PACER
69

ORDER denying as moot 27 Motion for Protective Order. (Signed by Magistrate Judge Andrew M Edison) Parties notified. (wbostic, 4) (Entered: 08/22/2018)

Aug. 22, 2018

Aug. 22, 2018

PACER
70

OBJECTIONS to 68 Memorandum and Recommendations, filed by City of Hitchcock, Texas. (Attachments: # 1 Proposed Order)(Giles, Norman) (Entered: 08/30/2018)

1 Proposed Order

View on PACER

Aug. 30, 2018

Aug. 30, 2018

PACER
71

OBJECTIONS to 68 Memorandum and Recommendations, filed by City of Santa Fe, Texas. (Attachments: # 1 Proposed Order)(Giles, Norman) (Entered: 08/30/2018)

1 Proposed Order

View on PACER

Aug. 30, 2018

Aug. 30, 2018

PACER
72

OBJECTIONS to 69 Order on Motion for Protective Order, filed by City of Hitchcock, Texas, City of Santa Fe, Texas. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Giles, Norman) (Entered: 09/05/2018)

1 Exhibit 1

View on PACER

2 Proposed Order

View on PACER

Sept. 5, 2018

Sept. 5, 2018

PACER
73

RESPONSE to 70 Objections to Memorandum and Recommendations, filed by George West. (Attachments: # 1 Proposed Order)(Trigilio, Trisha) (Entered: 09/13/2018)

1 Proposed Order

View on PACER

Sept. 13, 2018

Sept. 13, 2018

PACER
74

RESPONSE to 71 Objections to Memorandum and Recommendations, filed by Brady Fuller. (Attachments: # 1 Proposed Order)(Trigilio, Trisha) (Entered: 09/13/2018)

1 Proposed Order

View on PACER

Sept. 13, 2018

Sept. 13, 2018

PACER
75

REPLY to 73 Response, filed by City of Hitchcock, Texas. (Giles, Norman) (Entered: 09/19/2018)

Sept. 19, 2018

Sept. 19, 2018

PACER
76

REPLY to 74 Response, filed by City of Santa Fe, Texas. (Giles, Norman) (Entered: 09/19/2018)

Sept. 19, 2018

Sept. 19, 2018

PACER
77

RESPONSE to 72 Objections to Magistrate Judge's denial of protective order, filed by Brady Fuller. (Attachments: # 1 Proposed Order)(Trigilio, Trisha) (Entered: 09/19/2018)

1 Proposed Order

View on PACER

Sept. 19, 2018

Sept. 19, 2018

PACER
78

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION AND SEVERING CASES re: DENYING 54 Opposed MOTION to Dismiss and DENYING 16 Opposed MOTION to Dismiss. (Signed by Judge George C Hanks, Jr) Parties notified.(ltrevino, 3) (Entered: 09/20/2018)

Sept. 19, 2018

Sept. 19, 2018

RECAP
79

NOTICE of Setting. Parties notified. Motion Hearing on 27 Opposed MOTION for Protective Order set for 9/24/2018 at 11:00 AM by telephone before Magistrate Judge Andrew M Edison, filed. (wbostic, 4) (Entered: 09/21/2018)

Sept. 21, 2018

Sept. 21, 2018

PACER

***The Hearing Scheduled for 9/24/2018 at 11:00 AM is CANCELLED*** (wbostic, 4)

Sept. 21, 2018

Sept. 21, 2018

PACER
80

ORDER Overruled 72 Objections (Signed by Judge George C Hanks, Jr) Parties notified.(agould, 3) (Entered: 09/26/2018)

Sept. 26, 2018

Sept. 26, 2018

PACER
81

ANSWER to 43 Amended Complaint/Counterclaim/Crossclaim etc. with Jury Demand by City of Hitchcock, Texas, filed.(Giles, Norman) (Entered: 10/02/2018)

Oct. 2, 2018

Oct. 2, 2018

PACER
82

Opposed PROPOSED ORDER (Docket Control Order), filed.(Giles, Norman) (Entered: 10/09/2018)

Oct. 9, 2018

Oct. 9, 2018

PACER
83

Opposed PROPOSED ORDER : Docket Control Order, filed.(Trigilio, Trisha) (Entered: 10/09/2018)

Oct. 9, 2018

Oct. 9, 2018

PACER
84

NOTICE of Setting as to 83 Proposed Order, 82 Proposed Order. Parties notified. Scheduling Conference set for 11/6/2018 at 11:15 AM in by telephone before Judge George C Hanks Jr, filed. (SusanGram, 3) (Entered: 10/31/2018)

Oct. 31, 2018

Oct. 31, 2018

PACER
85

NOTICE of Joint Proposed Docket Control Order by George West, filed. (Trigilio, Trisha) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER
86

Minute Entry for proceedings held before Judge George C Hanks, Jr. SCHEDULING CONFERENCE held on 11/6/2018. At the hearing, the following rulings At the hearing, the following rulings were made as stated on the record:1. Telephonic scheduling conference held as to, a. Defendants Opposed Proposed Docket Control Order (Dkt 82 ); and b. Plaintiffs Opposed Proposed Docket Control Order (Dkt 83 ). 2. Dkt 82 and 83 are DENIED. 3. The Parties are to e-file a joint proposed Docket Control Order by Wednesday, November 7, 2018, at 9:00 AM which will include the following dates: a. December 6, 2018 Amend Pleadings; b. December 6, 2018 Add Parties; c. December 31,2018 Motion to Certify Class; d.June 20,2019 at 9:30 AM Docket Call. Appearances: Norman Ray Giles, Trisha Trigilio.(Digital # 11:13am-11:26am)(ERO:Andy Gould), filed.(ltrevino, 3) (Entered: 11/07/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER

***Set/Reset Deadlines: Joint proposed docket control order to be e-filed by November 7,2018 at 9:00a.m. due by 11/7/2018 (ltrevino, 3)

Nov. 6, 2018

Nov. 6, 2018

PACER
87

DOCKET CONTROL ORDER. ETT: 3 days. Jury. Amended Pleadings due by 12/6/2018. Joinder of Parties due by 12/6/2018. Motion to Certify Class due by 12/31/20118. Pltf Expert Witness List due by 2/28/2019. Pltf Expert Report due by 2/28/2019. Deft Expert Witness List due by 3/28/2019. Deft Expert Report due by 3/28/2019. Discovery due by 4/18/2019. Dispositive Motion Filing due by 4/30/2019. Non-Dispositive Motion Filing due by 5/31/2019. Joint Pretrial Order and Motions in Limine due by 5/31/2019. Docket Call set for 6/20/2019 at 09:30 AM in Sixth Floor Courtroom before Judge George C Hanks Jr. Case is subject to being called to trial on short notice during the months of June/July 2019. (Signed by Judge George C Hanks, Jr) Parties notified.(agould, 3) (Entered: 11/08/2018)

Nov. 8, 2018

Nov. 8, 2018

PACER

***Set/Reset Deadlines: Motion to Certify Class due by 12/31/2018 (ltrevino, 3)

Nov. 8, 2018

Nov. 8, 2018

PACER
88

NOTICE of Joint Dispute Letter by George West, filed. (Attachments: # 1 Exhibit 1, City's Response to Plaintiff's First Requests for Production)(Trigilio, Trisha) (Entered: 03/08/2019)

1 Exhibit 1, City's Response to Plaintiff's First Requests for Producti

View on PACER

March 8, 2019

March 8, 2019

PACER
89

NOTICE of Setting as to 88 NOTICE of Joint Dispute Letter. Parties notified. Discovery Hearing set for 3/13/2019 at 02:15 PM by telephone before Judge George C Hanks Jr, filed. (jegonzalez, 3) (Entered: 03/12/2019)

March 12, 2019

March 12, 2019

PACER
90

NOTICE of Letter Regarding Telephonic Hearing by George West, filed. (Trigilio, Trisha) (Entered: 03/13/2019)

March 13, 2019

March 13, 2019

PACER
91

Minute Entry for proceedings held before Judge George C Hanks, Jr. At the hearing, the following rulings were made as stated on the record: 1. Telephonic discovery hearing held as to the parties joint letter requesting the Courts intervention regarding a discovery dispute.(Dkt 88 ) 2. Counsel for Plaintiff did not appear for this hearing. 3. The Court will not order the production requested Appearances: Norman Ray Giles.(Digital # 2:35pm-2:39pm)(ERO:Andy Gould), filed.(ltrevino, 3) (Entered: 03/14/2019)

March 13, 2019

March 13, 2019

PACER
92

NOTICE of Discovery Dispute by George West, filed. (Trigilio, Trisha) (Entered: 04/08/2019)

April 8, 2019

April 8, 2019

PACER

Case Details

State / Territory: Texas

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 3, 2016

Closing Date: Dec. 19, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals who have been, or fear they will be, jailed for failure to pay their outstanding fines to the City of Santa Fe

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

City of Hitchcock (Hitchcock), City

Defendant Type(s):

Corrections

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: unknown

Issues

Reproductive rights:

Fetus Identity

General:

Access to lawyers or judicial system

Conditions of confinement

Fines/Fees/Bail/Bond

Funding

Over/Unlawful Detention

Pattern or Practice

Placement in detention facilities

Poverty/homelessness