Case: Reed-Veal v. Encinia

4:15-cv-02232 | U.S. District Court for the Southern District of Texas

Filed Date: Aug. 4, 2015

Closed Date: 2016

Clearinghouse coding complete

Case Summary

This is the litigation that came out of the death of Sandra Bland in jail in Waller County after a routine traffic stop led to her arrest. Although the Clearinghouse does not focus on damage actions like this one, because of the widespread interest in this case, we've posted the key documents in the case for use by the public. On August 4, 2015, the mother of Sandra Bland filed this lawsuit in the U.S. District Court for the Southern District of Texas. The plaintiff sued the Texas Department …

This is the litigation that came out of the death of Sandra Bland in jail in Waller County after a routine traffic stop led to her arrest. Although the Clearinghouse does not focus on damage actions like this one, because of the widespread interest in this case, we've posted the key documents in the case for use by the public.

On August 4, 2015, the mother of Sandra Bland filed this lawsuit in the U.S. District Court for the Southern District of Texas. The plaintiff sued the Texas Department of Public Safety (TDPS), Waller County, and several employees of the Waller County Sheriff’s Office (WCSO) under 42 U.S.C. § 1983 and the Texas Civil Practice and Remedies Code §§ 71.002-004 and § 71.021. Represented by private counsel, the plaintiff alleged that her daughter, Sandra Bland, was assaulted by a TDPS Highway Patrol Trooper and that officers of the WCSO and TDPS willfully and wantonly caused her daughter’s death. Specifically, the plaintiff alleged that on July 10, 2015, after a routine traffic stop a TDPS Highway Patrol Trooper instructed her daughter to get out of the car and he then assaulted and wrongfully arrested her. Afterward, Bland was brought to Waller County Jail where, after informing the officers that she had attempted suicide before, she was left in her cell unattended for three days, at which point she committed suicide.

Video of the traffic stop is available via Youtube here, here, and here.

After filing the initial complaint, the plaintiff filed an amended complaint on August 26, 2015, again on September 29, 2015, and the final amended complaint on January 19, 2016.

The defendants filed a motion to stay proceedings on January 8, 2016, in order to protect a defendant officer's Fifth Amendment constitutional rights during concurrent criminal proceedings. On April 21, 2016, Judge Hittner granted the defendant’s motion in part and denied in part. Specifically, defendants were ordered to complete all discovery prior to their deposition during their criminal proceedings. 2016 WL 6915963. Several of the discovery requests are posted here and here.

On October 31, 2016, the parties filed a Joint Order of Dismissal after reaching an out of court settlement which, according to the Houston Chronicle, granted the plaintiff $1.9 million and stipulated that county officials would improve how inmates are booked and supervised at the jail and other facilities lacking immediate access to medical services. The case was dismissed on November 1, 2016.

The Department of Public Safety's investigative report was completed in 2017; the Clearinghouse obtained it via a records request to DPS, and it is posted here.

Summary Authors

Nichollas Dawson (10/18/2017)

Alec Richards (10/31/2019)

Dan Toubman (2/9/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4395299/parties/reed-veal-v-encinia/


Judge(s)

Hittner, David (Texas)

Attorneys(s) for Plaintiff

Brzezinski, Robert E. (Texas)

Lambert, Cannon D. Sr. (Illinois)

Rhodes, J. Thomas III (Texas)

Rogers, Larry R. Jr. (Illinois)

Attorneys(s) for Defendant

Dennis, Seth Byron (Texas)

New, Benjamin Eliot (Texas)

Simmons, Larry J. Jr. (Texas)

Other Attorney(s)

Active

Active

Judge(s)

Hittner, David (Texas)

Attorneys(s) for Plaintiff

Brzezinski, Robert E. (Texas)

Lambert, Cannon D. Sr. (Illinois)

Rhodes, J. Thomas III (Texas)

Rogers, Larry R. Jr. (Illinois)

Attorneys(s) for Defendant

Dennis, Seth Byron (Texas)

New, Benjamin Eliot (Texas)

Simmons, Larry J. Jr. (Texas)

Other Attorney(s)

Bounds, Scott (Texas)

Longoria, Samuel G. (Texas)

Expert/Monitor/Master

Colodny, David A. (New York)

Documents in the Clearinghouse

Document

4:15-cv-02232

Docket [PACER]

Reed-Veal v. Encinia

Nov. 1, 2016

Nov. 1, 2016

Docket
1

4:15-cv-02232

Complaint at Law

Aug. 4, 2015

Aug. 4, 2015

Complaint
37

4:15-cv-02232

Plaintiff's Response to the City of Prairie View Police Department's Motion to Quash and for Protective Order as well as Plaintiff's Motion to Compel, or in the alternative, for In Camera Inspection

Nov. 10, 2015

Nov. 10, 2015

Pleading / Motion / Brief
63

4:15-cv-02232

Third Amended Complaint At Law and Jury Demand

Jan. 19, 2016

Jan. 19, 2016

Complaint
92

4:15-cv-02232

Order

March 17, 2016

March 17, 2016

Order/Opinion
101

4:15-cv-02232

Plaintiff's Request for Production to Defendant

April 5, 2016

April 5, 2016

Pleading / Motion / Brief
108

4:15-cv-02232

Order

April 21, 2016

April 21, 2016

Order/Opinion
144

4:15-cv-02232

Final Judgment

Nov. 1, 2016

Nov. 1, 2016

Order/Opinion

Texas Department of Public Safety Report of Investigation

No Court

Aug. 11, 2017

Aug. 11, 2017

Other

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4395299/reed-veal-v-encinia/

Last updated Aug. 29, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541-15225115) filed by Geneva Reed-Veal. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Rhodes, J) (Entered: 08/04/2015)

1 Civil Cover Sheet Civil Cover Sheet

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Aug. 4, 2015

Aug. 4, 2015

RECAP
2

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 12/1/2015 at 02:00 PM in Courtroom 703 before Magistrate Judge Stephen Smith(Signed by Judge David Hittner) Parties notified.(smurdock, 4) (Entered: 08/05/2015)

Aug. 5, 2015

Aug. 5, 2015

PACER
3

MOTION for Cannon D. Lambert, Sr. to Appear Pro Hac Vice by Geneva Reed-Veal, filed. Motion Docket Date 8/26/2015. (Rhodes, J) (Entered: 08/05/2015)

Aug. 5, 2015

Aug. 5, 2015

PACER
4

MOTION for Larry R. Rogers, Jr. to Appear Pro Hac Vice by Geneva Reed-Veal, filed. Motion Docket Date 8/26/2015. (Rhodes, J) (Entered: 08/05/2015)

Aug. 5, 2015

Aug. 5, 2015

PACER
5

ORDER Setting Status Conference A Status Conference is set for 9/15/2015 at 02:00 PM in Courtroom 8A before Judge David Hittner(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 08/06/2015)

Aug. 5, 2015

Aug. 5, 2015

PACER
6

ORDER granting 3 Motion to Appear Pro Hac Vice on behalf of Cannon D. Lambert, Sr.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 08/06/2015)

Aug. 6, 2015

Aug. 6, 2015

PACER
7

ORDER granting 4 Motion to Appear Pro Hac Vice on behalf of Larry R. Rogers, Jr.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 08/06/2015)

Aug. 6, 2015

Aug. 6, 2015

PACER
8

CERTIFICATE OF INTERESTED PARTIES by Geneva Reed-Veal, filed.(Rhodes, J) (Entered: 08/20/2015)

Aug. 20, 2015

Aug. 20, 2015

PACER
9

NOTICE of Appearance by Larry R. Rogers, Jr. on behalf of Geneva Reed-Veal, filed. (Rogers, Larry) (Entered: 08/21/2015)

Aug. 21, 2015

Aug. 21, 2015

PACER
10

NOTICE of Appearance by Cannon Lambert (Lead Counsel) on behalf of Geneva Reed-Veal, filed. (Lambert, Cannon) (Entered: 08/24/2015)

Aug. 24, 2015

Aug. 24, 2015

PACER
11

First AMENDED COMPLAINT with Jury Demand against All Defendants filed by Geneva Reed-Veal.(Rogers, Larry) (Entered: 08/26/2015)

Aug. 26, 2015

Aug. 26, 2015

PACER
12

ANSWER to 11 Amended Complaint/Counterclaim/Crossclaim etc. with Jury Demand by Elsa Magnus, Oscar Prudente, Waller County, filed.(Simmons, Larry) (Entered: 09/03/2015)

Sept. 3, 2015

Sept. 3, 2015

PACER
13

NOTICE of Appearance by B. Eliot New on behalf of Elsa Magnus, Oscar Prudente, Waller County, filed. (New, Benjamin) (Entered: 09/04/2015)

Sept. 4, 2015

Sept. 4, 2015

PACER
14

CERTIFICATE OF INTERESTED PARTIES by Elsa Magnus, Oscar Prudente, Waller County, filed.(Simmons, Larry) (Entered: 09/04/2015)

Sept. 4, 2015

Sept. 4, 2015

PACER
15

Texas Department of Public Safety's MOTION to Dismiss and Defendant Encina's Motion to Dismiss and/or Opposed Motion for Rule 7a Reply with Brief in Support by TEXAS DEPARTMENT OF PUBLIC SAFETY, Brian Encinia, filed. Motion Docket Date 9/29/2015. (Attachments: # 1 Proposed Order)(Dennis, Seth) Filers corrected on 9/8/2015 (ltien, 4). (Entered: 09/08/2015)

1 Proposed Order

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Sept. 8, 2015

Sept. 8, 2015

PACER
16

CERTIFICATE OF INTERESTED PARTIES by Brian Encinia, TEXAS DEPARTMENT OF PUBLIC SAFETY, filed.(Dennis, Seth) (Entered: 09/08/2015)

Sept. 8, 2015

Sept. 8, 2015

PACER
17

Opposed MOTION Limit Discovery by Elsa Magnus, Oscar Prudente, Waller County, filed. Motion Docket Date 10/2/2015. (Attachments: # 1 Proposed Order)(Simmons, Larry) (Entered: 09/11/2015)

1 Proposed Order

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Sept. 11, 2015

Sept. 11, 2015

PACER
18

NOTICE of Initial Disclosure by Elsa Magnus, Oscar Prudente, Waller County, filed. (Simmons, Larry) (Entered: 09/14/2015)

Sept. 14, 2015

Sept. 14, 2015

PACER
19

INITIAL DISCLOSURES by Brian Encinia, TEXAS DEPARTMENT OF PUBLIC SAFETY, filed.(Dennis, Seth) (Entered: 09/15/2015)

Sept. 15, 2015

Sept. 15, 2015

RECAP
20

Minute Entry for proceedings held before Judge David Hittner. STATUS CONFERENCE held on 9/15/2015. Plaintiff to file a response to the Motion for Rule 7 Reply (Doc. # 15) by November 2, 2015. Defendants to file a reply by November 7, 2015. Status Conference set for December 17, 2015 at 2:00 p.m. Appearances: Seth Byron Dennis, Larry J Simmons, Jr, Cannon D Lambert, Sr, Larry R Rogers, Jr, J Thomas Rhodes, III, Robert Brezezinski, Erin Oglesby, Ted Diamantopoulos, Karen Matlock.(Court Reporter: Laura Wells), filed.(ealexander, 4) (Entered: 09/16/2015)

Sept. 15, 2015

Sept. 15, 2015

PACER

***Set/Reset Hearings: Status Conference set for 12/17/2015 at 02:00 PM in Courtroom 8A before Judge David Hittner (ealexander, 4)

Sept. 15, 2015

Sept. 15, 2015

PACER
21

REPLY to Response to 15 MOTION to Dismiss And Defendant Encina's Motion to Dismiss and/or Opposed Motion for Rule 7a Reply with Brief in Support, filed by Geneva Reed-Veal. (Lambert, Cannon) (Entered: 09/24/2015)

Sept. 24, 2015

Sept. 24, 2015

PACER
22

Second AMENDED COMPLAINT with Jury Demand against All Defendants filed by Geneva Reed-Veal.(Lambert, Cannon) (Entered: 09/29/2015)

Sept. 29, 2015

Sept. 29, 2015

PACER
23

REPLY to Response to 15 MOTION to Dismiss And Defendant Encina's Motion to Dismiss and/or Opposed Motion for Rule 7a Reply with Brief in Support, filed by TEXAS DEPARTMENT OF PUBLIC SAFETY. (Dennis, Seth) (Entered: 09/29/2015)

Sept. 29, 2015

Sept. 29, 2015

PACER
24

RESPONSE to 17 Opposed MOTION Limit Discovery filed by Geneva Reed-Veal. (Rhodes, J) (Entered: 10/01/2015)

Oct. 1, 2015

Oct. 1, 2015

PACER
25

MOTION to Dismiss Plaintiffs' Second Amended Complaint With Brief In Support by Brian Encinia, filed. Motion Docket Date 10/28/2015. (Attachments: # 1 Proposed Order)(Dennis, Seth) (Entered: 10/07/2015)

1 Proposed Order

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Oct. 7, 2015

Oct. 7, 2015

PACER
26

MOTION to Dismiss Plaintiffs' Second Amended Complaint With Brief In Support by TEXAS DEPARTMENT OF PUBLIC SAFETY, filed. Motion Docket Date 10/28/2015. (Attachments: # 1 Proposed Order)(Dennis, Seth) (Entered: 10/07/2015)

1 Proposed Order

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Oct. 7, 2015

Oct. 7, 2015

PACER
27

MOTION to Quash Subpoena to Produce Documents, MOTION for Protective Order( Motion Docket Date 11/4/2015.) by City of Prairie View, Texas Police Department, filed. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Bounds, Scott) (Entered: 10/14/2015)

1 Exhibit

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2 Proposed Order

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Oct. 14, 2015

Oct. 14, 2015

PACER
28

Joint MOTION for Entry of Order re: Agreed Protective Order by Elsa Magnus, Oscar Prudente, Waller County, filed. Motion Docket Date 11/5/2015. (Attachments: # 1 Exhibit A - Agreed Protective Order)(Simmons, Larry) (Entered: 10/15/2015)

1 Exhibit A - Agreed Protective Order

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Oct. 15, 2015

Oct. 15, 2015

PACER
29

MOTION to Quash Subpoena to FBI by U.S. Attorney, filed. Motion Docket Date 11/6/2015. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Longoria, Samuel) (Entered: 10/16/2015)

1 Exhibit 1

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2 Proposed Order

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Oct. 16, 2015

Oct. 16, 2015

PACER
30

Opposed MOTION for Protective Order by Brian Encinia, TEXAS DEPARTMENT OF PUBLIC SAFETY, filed. Motion Docket Date 11/6/2015. (Attachments: # 1 Proposed Order, # 2 Exhibit 1)(Dennis, Seth) (Entered: 10/16/2015)

1 Proposed Order

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2 Exhibit 1

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Oct. 16, 2015

Oct. 16, 2015

PACER
31

PROTECTIVE ORDER granting 28 Joint MOTION for Entry of Order re: Agreed Protective Order (Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 10/19/2015)

Oct. 16, 2015

Oct. 16, 2015

PACER
32

AMENDED 27 MOTION by City of Prairie View, Texas Police Department, filed. Motion Docket Date 11/25/2015. (Attachments: # 1 Exhibit Exhibit A - Subpoena)(Bounds, Scott) (Entered: 11/04/2015)

1 Exhibit Exhibit A - Subpoena

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Nov. 4, 2015

Nov. 4, 2015

PACER
33

REPLY Individual Answer to Interrrogatories, filed by Geneva Reed-Veal. (Lambert, Cannon) (Entered: 11/04/2015)

Nov. 4, 2015

Nov. 4, 2015

PACER
34

REPLY Representative Answers to Interrrogatories, filed by Geneva Reed-Veal. (Lambert, Cannon) (Entered: 11/04/2015)

Nov. 4, 2015

Nov. 4, 2015

PACER
35

REPLY Representative Answers to Interrrogatories, filed by Geneva Reed-Veal. (Lambert, Cannon) (Entered: 11/06/2015)

Nov. 6, 2015

Nov. 6, 2015

PACER
36

REPLY Individual Answer to Interrrogatories, filed by Geneva Reed-Veal. (Lambert, Cannon) (Entered: 11/06/2015)

Nov. 6, 2015

Nov. 6, 2015

PACER
37

RESPONSE to 32 AMENDED 27 MOTION filed by Geneva Reed-Veal. (Lambert, Cannon) (Entered: 11/10/2015)

Nov. 10, 2015

Nov. 10, 2015

PACER
38

MOTION to Compel Plaintiff's Initial Disclosures and Responses to Request for Production by Waller County, filed. Motion Docket Date 12/2/2015. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Proposed Order)(Simmons, Larry) (Entered: 11/11/2015)

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 Proposed Order

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Nov. 11, 2015

Nov. 11, 2015

PACER
39

MOTION for Summary Judgment by Elsa Magnus, Oscar Prudente, Waller County, filed. Motion Docket Date 12/2/2015. (Attachments: # 1 Affidavit, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Proposed Order)(Simmons, Larry) (Entered: 11/11/2015)

1 Affidavit

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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11 Exhibit J

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12 Exhibit K

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13 Exhibit L

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14 Exhibit M

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15 Exhibit N

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16 Exhibit O

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17 Exhibit P

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18 Exhibit Q

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19 Exhibit R

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20 Proposed Order

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Nov. 11, 2015

Nov. 11, 2015

PACER
40

NOTICE of Setting. Parties notified. Motion Hearing on Amended Motion to Quash and Motion for Protective Order from Plaintiff's Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in Civil Action set for 11/17/2015 at 03:30 PM in Courtroom 8A before Judge David Hittner, filed. (ealexander, 4) (Entered: 11/17/2015)

Nov. 17, 2015

Nov. 17, 2015

PACER
41

Minute Entry for proceedings held before Judge David Hittner. MOTION HEARING held on 11/17/2015 on Doc. # 32 - Motion to Quash and Motion for Protective Order from Plaintiff's Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in Civil Action. Written order to issue. Appearances: Scott Bounds, Michael Gary, Seth Byron Dennis, Benjamin Eliot New, Cannon D Lambert, Sr, Larry R Rogers, Jr., Erin Olgesby(Court Reporter: Kathy Miller), filed.(ealexander, 4) (Entered: 11/18/2015)

Nov. 17, 2015

Nov. 17, 2015

PACER
43

EXHIBIT K on CD re: 39 MOTION for Summary Judgment by Elsa Magnus, Oscar Prudente, Waller County CD forwarded to Clerk's office fileroom, filed.(smurdock, 4) (Entered: 11/19/2015)

Nov. 17, 2015

Nov. 17, 2015

PACER
42

ORDER that the Motion to Compel is granted by agreement. The parties have agreed that the City of Prairie View and its police department must disclose to Plaintiff's counsel all materials sought in the subpoena issued on October 22, 2015 and returnable on November 10, 2015. Production of said documents to occur on or before January 4, 2016. (Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 11/18/2015)

Nov. 18, 2015

Nov. 18, 2015

PACER
44

Unopposed MOTION for Extension of Time to Respond to Defendants, Waller County; Elsa Magnus; and Oscar Prudente, Motion for Summary Judgment by Geneva Reed-Veal, filed. Motion Docket Date 12/11/2015. (Attachments: # 1 Proposed Order)(Rogers, Larry) (Entered: 11/20/2015)

1 Proposed Order

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Nov. 20, 2015

Nov. 20, 2015

PACER
45

ORDER granting 44 Motion for Extension of Time. Plaintiff's response to the Motion for Summary Judgment filed by Defendants, Waller County, Elsa Magnus and Oscar Prudente is due January 19, 2016.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 11/24/2015)

Nov. 23, 2015

Nov. 23, 2015

PACER
46

RESPONSE to 38 MOTION to Compel Plaintiff's Initial Disclosures and Responses to Request for Production filed by Geneva Reed-Veal. (Lambert, Cannon) (Entered: 11/30/2015)

Nov. 30, 2015

Nov. 30, 2015

PACER
47

REPLY to Response to 38 MOTION to Compel Plaintiff's Initial Disclosures and Responses to Request for Production, filed by Waller County. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(Simmons, Larry) (Entered: 12/01/2015)

1 Exhibit A

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2 Exhibit B

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3 Proposed Order

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Dec. 1, 2015

Dec. 1, 2015

PACER
48

JOINT DISCOVERY/CASE MANAGEMENT PLAN by Elsa Magnus, Oscar Prudente, Waller County, filed.(Simmons, Larry) (Entered: 12/07/2015)

Dec. 7, 2015

Dec. 7, 2015

PACER
49

Minute Entry for proceedings held before Judge David Hittner. STATUS CONFERENCE held on 12/17/2015. Written order to issue. Appearances: Seth Byron Dennis, Larry J Simmons, Jr, Benjamin Eliot New, Cannon D Lambert, Sr, Larry R Rogers, Jr, J Thomas Rhodes, III, Erin Olgesby.(Court Reporter: Johnny Sanchez), filed.(ealexander, 4) (Entered: 12/18/2015)

Dec. 17, 2015

Dec. 17, 2015

RECAP
50

SCHEDULING ORDER. Jury Trial. Joinder of Parties due by 1/19/2016 Pltf Expert Report due by 7/1/2016. Deft Expert Report due by 8/12/2016. Discovery due by 9/30/2016. Dispositive Motion Filing due by 10/31/2016. Non-Dispositive Motion Filing due by 10/31/2016. Joint Pretrial Order due by 1/17/2017. Jury Selection set for 1/23/2017 at 10:00 AM in Courtroom 8A before Judge David Hittner Jury Trial set for 1/12/2017 at 10:00 AM in Courtroom 8A before Judge David Hittner(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 12/18/2015)

Dec. 17, 2015

Dec. 17, 2015

RECAP
51

ORDER denying at this time 38 Motion to Compel Plaintiff's Initial Disclosures and Responses to Request for Production.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 12/18/2015)

Dec. 18, 2015

Dec. 18, 2015

PACER
52

ORDER denying 29 Motion to Quash.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 12/21/2015)

Dec. 21, 2015

Dec. 21, 2015

PACER
53

Opposed MOTION to Stay Brief in Support by Brian Encinia, TEXAS DEPARTMENT OF PUBLIC SAFETY, filed. Motion Docket Date 1/29/2016. (Attachments: # 1 Proposed Order, # 2 Exhibit 1)(Dennis, Seth) (Entered: 01/08/2016)

1 Proposed Order

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2 Exhibit 1

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Jan. 8, 2016

Jan. 8, 2016

RECAP
54

Opposed MOTION to Quash Subpoena by TEXAS DEPARTMENT OF PUBLIC SAFETY, filed. Motion Docket Date 1/29/2016. (Attachments: # 1 Proposed Order, # 2 Exhibit 1)(Dennis, Seth) (Entered: 01/08/2016)

1 Proposed Order

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2 Exhibit 1

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Jan. 8, 2016

Jan. 8, 2016

RECAP
55

BRIEF Regarding The Younger Abstention Doctrine and This Court's Authority to Compel The Texas Rangers' Report by Geneva Reed-Veal, filed.(Rhodes, J) (Entered: 01/12/2016)

Jan. 12, 2016

Jan. 12, 2016

RECAP
56

Pltf Supplemental Req. Production by Geneva Reed-Veal, filed.(Lambert, Cannon) (Entered: 01/13/2016)

Jan. 13, 2016

Jan. 13, 2016

PACER
57

MOTION for Order to Show Cause as to PLAINTIFFS MOTION FOR A RULE TO SHOW CAUSE AS TO WHY STEVE KUNKEMOELLER AND WENDY TAFT, OF THE FEDERAL BUREAU OF INVESTIGATION, SHOULD NOT BE HELD IN CONTEMPT OF THIS HONORABLE COURT FOR FAILING TO ADHERE AND COMPLY WITH THIS COURTS SUBPOENA THAT WAS RETURNABLE ON OCTOBER 22, 2016 OR IN THE ALTERNATIVE, FOR IN CAMERA INSPECTION by Geneva Reed-Veal, filed. Motion Docket Date 2/4/2016. (Lambert, Cannon) (Entered: 01/14/2016)

Jan. 14, 2016

Jan. 14, 2016

PACER
58

RESPONSE in Opposition to 57 MOTION for Order to Show Cause as to PLAINTIFFS MOTION FOR A RULE TO SHOW CAUSE AS TO WHY STEVE KUNKEMOELLER AND WENDY TAFT, OF THE FEDERAL BUREAU OF INVESTIGATION, SHOULD NOT BE HELD IN CONTEMPT OF THIS HONORABLE COURT FOR FAILING TO ADHERE AND COMP, filed by U.S. Attorney. (Longoria, Samuel) (Entered: 01/15/2016)

Jan. 15, 2016

Jan. 15, 2016

RECAP
59

REPLY to Plaintiff's Brief Regarding the Younger Abstention Doctrine and this Court's Authority to Compel the Texas rangers' Report [D.E.55], filed by Brian Encinia, TEXAS DEPARTMENT OF PUBLIC SAFETY. (Dennis, Seth) (Entered: 01/15/2016)

Jan. 15, 2016

Jan. 15, 2016

RECAP
60

Letter from Robert Brzezinski re: Telephone Status Conference, filed. (ealexander, 4) (Entered: 01/19/2016)

Jan. 15, 2016

Jan. 15, 2016

PACER
61

Unopposed MOTION for Extension of Time for Joinder of Additional Parties by Geneva Reed-Veal, filed. Motion Docket Date 2/9/2016. (Attachments: # 1 Proposed Order)(Rogers, Larry) Modified on 1/20/2016 (ealexander, 4). (Entered: 01/19/2016)

1 Proposed Order

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Jan. 19, 2016

Jan. 19, 2016

PACER
62

Unopposed MOTION for Extension of Time FOR JOINDER OF ADDITIONAL PARTIES by Geneva Reed-Veal, filed. Motion Docket Date 2/9/2016. (Attachments: # 1 Proposed Order Order)(Rogers, Larry) (Entered: 01/19/2016)

1 Proposed Order Order

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Jan. 19, 2016

Jan. 19, 2016

PACER
63

Third AMENDED COMPLAINT with Jury Demand against All Defendants filed by Geneva Reed-Veal.(Rogers, Larry) (Entered: 01/19/2016)

Jan. 19, 2016

Jan. 19, 2016

RECAP
64

Opposed MOTION for Extension of Time FOR JOINDER OF ADDITIONAL PARTIES by Geneva Reed-Veal, filed. Motion Docket Date 2/11/2016. (Attachments: # 1 Proposed Order)(Rogers, Larry) (Entered: 01/21/2016)

1 Proposed Order

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Jan. 21, 2016

Jan. 21, 2016

PACER
65

ORDER mooting 15 Motion to Dismiss; mooting 25 Motion to Dismiss; mooting 26 Motion to Dismiss due to the fact that Plaintiff's prior pleadings have now been superceded by Plaintiff's Third Amended Complaint.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 01/21/2016)

Jan. 21, 2016

Jan. 21, 2016

PACER
66

ORDER Striking Document re: 62 Unopposed MOTION for Extension of Time FOR JOINDER OF ADDITIONAL PARTIES, 61 Unopposed MOTION for Leave to Appeal in forma pauperis. No statement of conference between all counsel.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 01/21/2016)

Jan. 21, 2016

Jan. 21, 2016

PACER
67

MOTION to Dismiss Plaintiffs' Third Amended Complaint With Brief In Support by Brian Encinia, filed. Motion Docket Date 2/16/2016. (Dennis, Seth) (Entered: 01/25/2016)

Jan. 25, 2016

Jan. 25, 2016

PACER
68

Opposed MOTION to Sever Waller County, Elsa Magnus, Oscar Prudente, Opposed MOTION for Separate Trial( Motion Docket Date 2/16/2016.) by Elsa Magnus, Oscar Prudente, Waller County, filed. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Order)(Simmons, Larry) (Entered: 01/25/2016)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Proposed Order

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Jan. 25, 2016

Jan. 25, 2016

PACER
69

RESPONSE to 53 Opposed MOTION to Stay Brief in Support filed by Geneva Reed-Veal. (Lambert, Cannon) (Entered: 01/26/2016)

Jan. 26, 2016

Jan. 26, 2016

PACER
70

REPLY to Plaintiffs' Response to Defendant, Encinia's, Motion to Stay, filed by Brian Encinia. (Dennis, Seth) (Entered: 01/27/2016)

Jan. 27, 2016

Jan. 27, 2016

PACER
71

ORDER Setting Hearing on Motion 54 Opposed MOTION to Quash Subpoena, 67 MOTION to Dismiss Plaintiffs' Third Amended Complaint With Brief In Support, 57 MOTION for Order to Show Cause as to PLAINTIFFS MOTION FOR A RULE TO SHOW CAUSE AS TO WHY STEVE KUNKEMOELLER AND WENDY TAFT, OF THE FEDERAL BUREAU OF INVESTIGATION, SHOULD NOT BE HELD IN CONTEMPT OF THIS HONORABLE COURT FOR FAILING TO ADHERE AND COMP, 53 Opposed MOTION to Stay Brief in Support, 68 Opposed MOTION to Sever Waller County, Elsa Magnus, Oscar PrudenteOpposed MOTION for Separate Trial, 64 Opposed MOTION for Extension of Time FOR JOINDER OF ADDITIONAL PARTIES, 17 Opposed MOTION Limit Discovery, 30 Opposed MOTION for Protective Order : Motion Hearing set for 2/18/2016 at 01:30 PM in Courtroom 8A before Judge David Hittner. Parties are to file a response to any and all motions no later than noon on February 11, 2016. Failure to file a response will be considered by the Court as the motion being deemed unopposed.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 01/27/2016)

Jan. 27, 2016

Jan. 27, 2016

PACER
72

RESPONSE to 64 Opposed MOTION for Extension of Time FOR JOINDER OF ADDITIONAL PARTIES filed by Elsa Magnus, Oscar Prudente, Waller County. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Simmons, Larry) (Entered: 01/27/2016)

1 Exhibit A

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2 Proposed Order

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Jan. 27, 2016

Jan. 27, 2016

PACER
73

RESPONSE to 67 MOTION to Dismiss Plaintiffs' Third Amended Complaint With Brief In Support filed by Geneva Reed-Veal. (Lambert, Cannon) (Entered: 01/28/2016)

Jan. 28, 2016

Jan. 28, 2016

PACER
74

RESPONSE to 54 Opposed MOTION to Quash Subpoena filed by Geneva Reed-Veal. (Attachments: # 1 Proposed Order Proposed Order)(Rhodes, J) (Entered: 01/29/2016)

1 Proposed Order Proposed Order

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Jan. 29, 2016

Jan. 29, 2016

PACER
75

Supplemental RESPONSE in Opposition to 57 MOTION for Order to Show Cause as to PLAINTIFFS MOTION FOR A RULE TO SHOW CAUSE AS TO WHY STEVE KUNKEMOELLER AND WENDY TAFT, OF THE FEDERAL BUREAU OF INVESTIGATION, SHOULD NOT BE HELD IN CONTEMPT OF THIS HONORABLE COURT FOR FAILING TO ADHERE AND COMP, filed by U.S. Attorney. (Longoria, Samuel) (Entered: 02/02/2016)

Feb. 2, 2016

Feb. 2, 2016

PACER
76

REPLY to 58 Response in Opposition to Motion,, filed by Geneva Reed-Veal. (Lambert, Cannon) (Entered: 02/09/2016)

Feb. 9, 2016

Feb. 9, 2016

PACER
77

RESPONSE to 30 Opposed MOTION for Protective Order filed by Geneva Reed-Veal. (Attachments: # 1 Exhibit P's Rsp to County Def's Opposed Motion to Limit Discovery, # 2 Exhibit P's Brief Regarding The Younger Abstention Doctrine, # 3 Exhibit P's Response to Def, TDOPS's MTD, # 4 Exhibit 3rd Amended Complaint at Law and Jury Demand)(Rhodes, J) (Entered: 02/11/2016)

1 Exhibit P's Rsp to County Def's Opposed Motion to Limit Discovery

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2 Exhibit P's Brief Regarding The Younger Abstention Doctrine

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3 Exhibit P's Response to Def, TDOPS's MTD

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4 Exhibit 3rd Amended Complaint at Law and Jury Demand

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Feb. 11, 2016

Feb. 11, 2016

PACER
78

REPLY to 64 Opposed MOTION for Extension of Time FOR JOINDER OF ADDITIONAL PARTIES, filed by Geneva Reed-Veal. (Rogers, Larry) (Entered: 02/11/2016)

Feb. 11, 2016

Feb. 11, 2016

PACER
79

RESPONSE to 68 Opposed MOTION to Sever Waller County, Elsa Magnus, Oscar PrudenteOpposed MOTION for Separate Trial filed by Geneva Reed-Veal. (Rogers, Larry) (Entered: 02/11/2016)

Feb. 11, 2016

Feb. 11, 2016

PACER
80

NOTICE Certificate of Service by Geneva Reed-Veal, filed. (Rogers, Larry) (Entered: 02/11/2016)

Feb. 11, 2016

Feb. 11, 2016

PACER
81

RESPONSE to 68 Opposed MOTION to Sever Waller County, Elsa Magnus, Oscar PrudenteOpposed MOTION for Separate Trial filed by Geneva Reed-Veal. (Rogers, Larry) (Entered: 02/11/2016)

Feb. 11, 2016

Feb. 11, 2016

PACER
82

REPLY to Plaintiffs' Response to his Motion to Dismiss Plaintiffs' Third Amended Complaint with Brief in Support, filed by Brian Encinia. (Dennis, Seth) (Entered: 02/11/2016)

Feb. 11, 2016

Feb. 11, 2016

RECAP
83

REPLY to Response to 68 Opposed MOTION to Sever Waller County, Elsa Magnus, Oscar PrudenteOpposed MOTION for Separate Trial, filed by Elsa Magnus, Oscar Prudente, Waller County. (Simmons, Larry) (Entered: 02/18/2016)

Feb. 18, 2016

Feb. 18, 2016

RECAP
84

Minute Entry for proceedings held before Judge David Hittner. MOTION HEARING held on 2/18/2016 on pending motions. Written order to issue. Appearances: Seth Byron Dennis, Larry J Simmons, Jr, Cannon D Lambert, Sr, Larry R Rogers, Jr, Samuel G Longoria, Erin Olgelsby.(Court Reporter: Heather Alcazar), filed.(ealexander, 4) (Entered: 02/19/2016)

Feb. 18, 2016

Feb. 18, 2016

PACER
85

NOTICE of Production of Privacy Act Protected Documents for In Camera Inspection by U.S. Attorney, filed. (Longoria, Samuel) (Entered: 02/22/2016)

Feb. 22, 2016

Feb. 22, 2016

PACER
86

PROPOSED ORDER Privacy Act, 5 U.S.C. 552a, filed.(Longoria, Samuel) (Entered: 02/22/2016)

Feb. 22, 2016

Feb. 22, 2016

PACER
87

ANSWER to 63 Amended Complaint/Counterclaim/Crossclaim etc. with Jury Demand by Marc Langdon, Randy Lewis, Elsa Magnus, Matthew Mills, Oscar Prudente, Sherry Rochen, Michael Sergis, Dormic Smith, Lanny Thibodeaux, Waller County, Cynthia Whidden, Marianne Williams, Rafael Zuniga, filed.(Simmons, Larry) (Entered: 02/26/2016)

Feb. 26, 2016

Feb. 26, 2016

RECAP
88

REPLY to 87 Answer to Amended Complaint,, filed by Geneva Reed-Veal. (Lambert, Cannon) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
89

MOTION for Summary Judgment by Marc Langdon, Lanny Thibodeaux, Marianne Williams, filed. Motion Docket Date 3/23/2016. (Attachments: # 1 Exhibit S, # 2 Exhibit T, # 3 Exhibit U, # 4 Proposed Order)(Simmons, Larry) (Entered: 03/02/2016)

1 Exhibit S

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2 Exhibit T

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3 Exhibit U

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4 Proposed Order

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March 2, 2016

March 2, 2016

PACER
90

MOTION for Extension of Time Continue Defendants Marc Langdon, Lanny Thibodeaux, and Marianne Williams' Motion for Summary Judgment by Geneva Reed-Veal, filed. Motion Docket Date 4/1/2016. (Attachments: # 1 Proposed Order)(Rhodes, J) (Entered: 03/11/2016)

1 Proposed Order

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March 11, 2016

March 11, 2016

PACER
91

ORDER that Defendant Brian Encinia may submit a brief on whether the Court should grant a stay under its discretionary powers within 14 days of the date of this Order. Plaintiff and the Waller County defendants may submit a response within 14 days of Encinia's brief.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 03/17/2016)

March 17, 2016

March 17, 2016

PACER
92

ORDER granting in part and denying in part 57 Motion for Order to Show Cause. Plaintiff's Alternative Request for In Camera Inspection is granted. Further the FBI must produce the Rangers Report in accordance with the protective order as outlined in the Court's separate Privacy Act Order.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 03/17/2016)

March 17, 2016

March 17, 2016

RECAP
93

PRIVACY ACT ORDER (Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 03/17/2016)

March 17, 2016

March 17, 2016

PACER
94

ORDER denying 68 Motion to Sever; denying without prejudice 68 Motion for Separate Trial.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 03/17/2016)

March 17, 2016

March 17, 2016

PACER
95

ORDER mooting 54 Motion to Quash; mooting 17 Motion to Limit Discovery.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 03/17/2016)

March 17, 2016

March 17, 2016

PACER
96

MOTION for Summary Judgment by Randy Lewis, Sherry Rochen, filed. Motion Docket Date 4/8/2016. (Attachments: # 1 Exhibit V, # 2 Exhibit W, # 3 Proposed Order)(Simmons, Larry) (Entered: 03/18/2016)

1 Exhibit V

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2 Exhibit W

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3 Proposed Order

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March 18, 2016

March 18, 2016

PACER
97

ORDER granting 90 Motion for Extension of Time. Responses to Defendant Mark Langdon, Lanny Thibodeaux, and Marianne Williams' Motion for Summary Judgment (Doc. # 89) and Defendant Sherry Rochen and Randy Lewis' Motion for Summary Judgment (Doc. # 96) is extended to on or before April 22, 2016.(Signed by Judge David Hittner) Parties notified.(ealexander, 4) (Entered: 03/22/2016)

March 22, 2016

March 22, 2016

PACER
98

MOTION for Discovery by Geneva Reed-Veal, filed. Motion Docket Date 4/13/2016. (Lambert, Cannon) (Entered: 03/23/2016)

March 23, 2016

March 23, 2016

RECAP
99

MOTION to Stay Briefing on Motion to Stay by Brian Encinia, filed. Motion Docket Date 4/20/2016. (Attachments: # 1 Exhibit 1)(Dennis, Seth) (Entered: 03/30/2016)

1 Exhibit 1

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March 30, 2016

March 30, 2016

PACER

Case Details

State / Territory: Texas

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 4, 2015

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The mother of a woman who was arrested and died in custody in a Texas jail.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Waller County (Waller), County

Texas Department of Public Safety, State

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Special Case Type(s):

Non-court arbitration/mediation

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $1.9 million

Issues

General:

Assault/abuse by staff

Conditions of confinement

Failure to supervise

Failure to train

Incident/accident reporting & investigations

Personal injury

Suicide prevention

Medical/Mental Health:

Mental health care, general

Mental health care, unspecified

Type of Facility:

Government-run