Case: Texas v. Travis County

1:17-cv-00425 | U.S. District Court for the Western District of Texas

Filed Date: May 7, 2017

Closed Date: Jan. 28, 2019

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Case Summary

This suit seeks to support Texas's law Senate Bill 4 (SB4), which requires local Texas law enforcement to cooperate with federal immigration officials and punishes them if they do not. Unlike the suits that seek to challenge President Trump's "Sanctuary City" Executive Order, this suit aims to support the work of federal immigration officials. The Four Texas CasesThere are, so far, four cases addressing SB4--this one was the first filed. The four cases are this one, which is before Judge Sam Sp…

The Four Texas Cases

There are, so far, four cases addressing SB4--this one was the first filed. The four cases are this one, which is before Judge Sam Sparks, and three that are in front of Judge Orlando Garcia:

City of El Cenizo v. Texas, No. 1:17-cv-00404 (W.D. Tex.) IM-TX-0046

City of San Antonio, Texas v. State of Texas, No. 5:17-cv-00489 (W.D. Tex.), IM-TX-0047

This case was brought by Texas against pro-immigration cities and counties; the other three were brought by pro-immigration cities and counties seeking a declaratory judgment and injunction barring implementation of SB4. On June 6, Judge Garcia, consolidated the three other cases, with El Cenizo becoming the lead case in the consolidation. This case, however, remains separate.

Summary of this litigation

On May 7, 2017, Texas Attorney General Ken Paxton filed this suit seeking a declaratory judgment approving SB4. Defendants are Travis County, City of Austin, and the Mexican American Legal Defense and Education Fund (MALDEF). In their complaint, the plaintiffs accused defendants of being "openly hostile" to cooperation with federal immigration officials both in policy and in practice. Judge Sam Sparks was assigned to the case.

The defendants filed a motion to dismiss for lack of jurisdiction on May 24, 2017. They argued that the state filed the suit prior to SB4 going into effect and that it had suffered no direct injury. That same day, the state filed a motion to consolidate this case with the City of El Cenizo case.

On May 31, 2017, Texas filed an amended complaint, adding its Attorney General as a new plaintiff, and many of the City of El Cenizo plaintiffs as defendants in this case, including the League of Latin American Citizens (LULAC), El Paso County, and the Texas Organizing Project Education Fund. 2017 WL 9362209 (W.D.Tex.). In response, the defendants filed amended motions to dismiss on June 2, 2017.

The state voluntarily dismissed MALDEF from the case on June 16, 2017. On June 28, 2017, defendants filed motions to dismiss on the grounds that Texas lacked standing. The next day, the city of El Paso filed a motion to dismiss for failure to state a claim.

The court dismissed the case without prejudice on August 9, 2017, finding that Texas lacked actual or imminent injury, which was required for Article III standing to seek declaratory judgment. 272 F.Supp.3d 973 (W.D. Tex. 2017). The court wrote that "[t]he State's alleged injury turns on the legal consequences of some act that may or may not occur - that is, Defendants' decision to violate the law. The State has produced no evidence that at the time of filing suit, it was clear Defendants planned to violate the law once it takes effect. Expressing public disagreement with a law does not constitute a violation of the law, nor does articulating the desire to challenge the constitutionality of the law equate to a violation of it." Id. at 980. The court noted that its holding was in line with a well-established ban on advisory opinions, and that do otherwise would be to “'open a Pandora's box and invite every local government to seek a court's judicial blessing' on a law prior to it taking effect." Id.

Texas appealed the dismissal to the Fifth Circuit on Aug. 31, 2017. On May 25, 2018, the Fifth Circuit granted MALDEF's motion to dismiss itself as a party in the case.

On December 12, 2018, the Fifth Circuit affirmed the district court's dismissal of the claim after full briefing and oral argument. 910 F.3d 809 (5th Cir. 2018). Judge Stephen A. Higginson, writing for a three-judge panel, affirmed this case's dismissal. It found that the district court lacked federal-question jurisdiction over this case, because section 1331 does not encompass “suits by the States to declare the validity of their regulations despite possibly conflicting federal law." This relied on a 1983 Supreme Court decision in Franchise Tax Board of the State of California v. Construction Laborers Vacation Trust for Southern California. Judge Higginson did not discuss the district court's Article III standing analysis, finding that it was not necessary to reach that issue because of Texas's failure to articulate a federal question in this suit.


1:17-cv-00425	Docket [PACER] Texas v. Travis County, Texas	Jan. 28, 2019	Jan. 28, 2019 Docket
17-50763	Fifth Circuit Court of Appeals Docket U.S. Court of Appeals for the Fifth Circuit	Jan. 28, 2019	Jan. 28, 2019 Docket
16 1:17-cv-00425	City of Austin's Motion to Dismiss Texas v. Travis County, Texas	May 24, 2017	May 24, 2017 Pleading / Motion / Brief
18 1:17-cv-00425	Defendants' Travis County and Sheriff Sally Hernandez's Motion to Dismiss Pursuant to Rule 12(b)(1) and Motion for Expedited Ruling Texas v. Travis County, Texas	May 26, 2017	May 26, 2017 Pleading / Motion / Brief
19 1:17-cv-00425	Defendants' Travis County and Sheriff Sally Hernandez's Amended Motion to Dismiss Pursuant to Rule 12(b)(1) and Request to Expedite Ruling Texas v. Travis County, Texas	May 26, 2017	May 26, 2017 Pleading / Motion / Brief
23 1:17-cv-00425	First Amended Complaint for Declaratory Judgment Texas v. Travis County, Texas	May 31, 2017	May 31, 2017 Complaint
26 1:17-cv-00425	Defendants Travis County and Sheriff Sally Hernandez's Motion to Dismiss First Amended Complaint Pursuant to F.R.C.P. 12(b)(1) and Request to Expedite Ruling Texas v. Travis County, Texas	June 2, 2017	June 2, 2017 Pleading / Motion / Brief
27 1:17-cv-00425	City of Austin's Amended Motion to Dismiss Texas v. Travis County, Texas	June 2, 2017	June 2, 2017 Pleading / Motion / Brief
53 1:17-cv-00425	Notice of Voluntary Dismissal Pursuant to Fed. R. Civ. P 41(a)(1)(A)(i) Texas v. Travis County, Texas	June 16, 2017	June 16, 2017 Pleading / Motion / Brief
60 1:17-cv-00425	Motion to Dismiss by Defendants City of El Cenizo, Texas, Raul L. Reyes, Maverick County, Tom Schmerber, and Mario A. Hernandez	June 28, 2017	June 28, 2017 Pleading / Motion / Brief

ECF Number	Date	Description	Link
1	May 7, 2017	COMPLAINT FOR DECLARATORY JUDGMENT ( Filing fee $ 400 receipt number 0542-9562867), filed by Texas. (Attachments: # 1 Exhibit Exhibit 1, # 2 Civil Cover Sheet)(Starr, Brantley) (Entered: 05/07/2017) 1 Exhibit Exhibit 1 View on PACER 2 Civil Cover Sheet View on PACER	RECAP
	May 7, 2017	Case Assigned to Judge Sam Sparks. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (gr)
2	May 9, 2017	Letter to David J. Hacker re: non-admission into the WD/TX. (gr). (Entered: 05/09/2017)	RECAP
3	May 9, 2017	REQUEST FOR ISSUANCE OF SUMMONS by Texas. Brantley Starr (Starr, Brantley) (Entered: 05/09/2017)	RECAP
4	May 9, 2017	Summons Issued as to Steve Adler, Alison Alter, Gregorio Casar, City of Austin, Texas, Jimmy Flannigan, Delia Garza, Elaine Hart, Sally Hernandez, Ora Houston, Ann Kitchen, Mexican American Legal Defense and Education Fund, Leslie Pool, Sabino Renteria, Kathie Tovo, Travis County, Texas, Ellen Troxclair. (dm) (Entered: 05/09/2017)	RECAP
5	May 9, 2017	NOTICE of Attorney Appearance by Darren L. McCarty on behalf of Texas. Attorney Darren L. McCarty added to party Texas(pty:pla) (McCarty, Darren) (Entered: 05/09/2017)	RECAP
6	May 9, 2017	NOTICE of Attorney Appearance by David Austin Robert Nimocks on behalf of Texas. Attorney David Austin Robert Nimocks added to party Texas(pty:pla) (Nimocks, David) (Entered: 05/09/2017)	RECAP
7	May 9, 2017	NOTICE of Attorney Appearance by Andrew Drake Leonie, III on behalf of Texas (Leonie, Andrew) (Entered: 05/09/2017)	RECAP
8	May 9, 2017	NOTICE of Attorney Appearance by Darren L. McCarty on behalf of Texas (McCarty, Darren) (Entered: 05/09/2017)	RECAP
9	May 9, 2017	NOTICE of Attorney Appearance by David Austin Robert Nimocks on behalf of Texas (Nimocks, David) (Entered: 05/09/2017)	RECAP
10	May 9, 2017	NOTICE of Attorney Appearance by Andrew Drake Leonie, III on behalf of Texas (Leonie, Andrew) (Entered: 05/09/2017)	RECAP
	May 9, 2017	Case Assigned/Reassigned
11	May 10, 2017	WAIVER OF SERVICE Returned Executed by Texas as to Sally Hernandez. Waiver sent on 5/8/2017, answer due 7/7/2017. (Nimocks, David) (Entered: 05/10/2017)	RECAP
12	May 10, 2017	WAIVER OF SERVICE Returned Executed by Texas as to Travis County, Texas. Waiver sent on 5/8/2017, answer due 7/7/2017. (Nimocks, David) (Entered: 05/10/2017)	RECAP
13	May 12, 2017	SUMMONS Returned Executed by Texas. City of Austin, Texas served on 5/10/2017, answer due 5/31/2017. (Nimocks, David) (Entered: 05/12/2017)	RECAP
14	May 16, 2017	NOTICE of Attorney Appearance by David Jonathan Hacker on behalf of Texas. Attorney David Jonathan Hacker added to party Texas(pty:pla) (Hacker, David) (Entered: 05/16/2017)	RECAP
15	May 22, 2017	WAIVER OF SERVICE Returned Executed by Texas as to Mexican American Legal Defense and Education Fund. Waiver sent on 5/19/2017, answer due 7/18/2017. (McCarty, Darren) (Entered: 05/22/2017)	RECAP
16	May 24, 2017	MOTION to Dismiss for Lack of Jurisdiction by Steve Adler, Alison Alter, Gregorio Casar, City of Austin, Texas, Jimmy Flannigan, Delia Garza, Elaine Hart, Ora Houston, Ann Kitchen, Leslie Pool, Sabino Renteria, Kathie Tovo, Ellen Troxclair. (Siegel, Michael) (Entered: 05/24/2017)	RECAP
17	May 24, 2017	Opposed MOTION to Consolidate Cases by Texas. (Attachments: # 1 Memo in Support Memo in Support for Motion to Consolidate, # 2 Exhibit 1 El Cenizo Memo in Support of Motion to Dismiss or Transfer, # 3 Proposed Order Proposed Order Granting the Motion to Consolidate)(McCarty, Darren) (Entered: 05/24/2017) 1 Memo in Support Memo in Support for Motion to Consolidate View on PACER 2 Exhibit 1 El Cenizo Memo in Support of Motion to Dismiss or Transfer View on PACER 3 Proposed Order Proposed Order Granting the Motion to Consolidate View on PACER	RECAP
18	May 26, 2017	MOTION to Dismiss for Lack of Jurisdiction 12 (b)(1) and MOTION for Expedited Ruling by Sally Hernandez, Travis County, Texas. (Attachments: # 1 Proposed Order)(Thomas, Sherine). Added MOTION to Expedite on 5/26/2017 to add text and event (klw). (Entered: 05/26/2017) 1 Proposed Order View on PACER	RECAP
19	May 26, 2017	Amended MOTION to Dismiss Pursuant to Rule 12(b)(1) and Request to Expedite Ruling Sally Hernandez, Travis County, Texas. (Thomas, Sherine) Modified on 5/30/2017 to correct filers (dm). (Entered: 05/26/2017)	RECAP
20	May 30, 2017	NOTICE of Attorney Appearance by Nina Perales on behalf of Mexican American Legal Defense and Education Fund. Attorney Nina Perales added to party Mexican American Legal Defense and Education Fund(pty:dft) (Perales, Nina) (Entered: 05/30/2017)	RECAP
21	May 31, 2017	RESPONSE to Motion, filed by Steve Adler, Alison Alter, Gregorio Casar, City of Austin, Texas, Jimmy Flannigan, Delia Garza, Elaine Hart, Sally Hernandez, Ora Houston, Ann Kitchen, Leslie Pool, Sabino Renteria, Kathie Tovo, Travis County, Texas, Ellen Troxclair, re 17 Opposed MOTION to Consolidate Cases filed by Plaintiff Texas (Attachments: # 1 Proposed Order)(Thomas, Sherine) (Entered: 05/31/2017) 1 Proposed Order View on PACER	RECAP
22	May 31, 2017	Response in Opposition to Motion, filed by Mexican American Legal Defense and Education Fund, re 17 Opposed MOTION to Consolidate Cases filed by Plaintiff Texas (Perales, Nina) (Entered: 05/31/2017)	RECAP
23	May 31, 2017	AMENDED COMPLAINT against All Defendants amending 1 Complaint, filed by Texas, Ken Paxton.(jf) (Entered: 05/31/2017)	RECAP
24	June 1, 2017	Opposed MOTION to Consolidate Cases by Ken Paxton, Texas. (Attachments: # 1 Memo in Support Memorandum of Law In Support of Plaintiffs' Motion to Consolidate, # 2 Exhibit Exhibit 1, # 3 Proposed Order Proposed Order Granting Motion to Consolidate)(McCarty, Darren) (Entered: 06/01/2017) 1 Memo in Support Memorandum of Law In Support of Plaintiffs' Motion to Conso View on PACER 2 Exhibit Exhibit 1 View on PACER 3 Proposed Order Proposed Order Granting Motion to Consolidate View on PACER	RECAP
25	June 2, 2017	NOTICE City of Austin's Advisory to the Court by Steve Adler, Alison Alter, Gregorio Casar, City of Austin, Texas, Jimmy Flannigan, Delia Garza, Elaine Hart, Ora Houston, Ann Kitchen, Leslie Pool, Sabino Renteria, Kathie Tovo, Ellen Troxclair (Siegel, Michael) (Entered: 06/02/2017)	RECAP
26	June 2, 2017	MOTION to Dismiss Defendants Travis County and Sheriff Sally Hernandez's Motion to Dismiss First Amended Complaint Pursuant to F.R.C.P. 12(b)(1) and Request for Expedite Ruling by Sally Hernandez, Travis County, Texas. (Thomas, Sherine) (Entered: 06/02/2017)	RECAP
27	June 2, 2017	Amended MOTION to Dismiss by Steve Adler, Alison Alter, Gregorio Casar, City of Austin, Texas, Jimmy Flannigan, Delia Garza, Elaine Hart, Ora Houston, Ann Kitchen, Leslie Pool, Sabino Renteria, Kathie Tovo, Ellen Troxclair. (Siegel, Michael) (Entered: 06/02/2017)	RECAP
28	June 2, 2017	MOTION to Appear Pro Hac Vice by Nina Perales for Yolanda C. Garcia ( Filing fee $ 100 receipt number 0542-9647700) by on behalf of Mexican American Legal Defense and Education Fund. (Attachments: # 1 Proposed Order)(Perales, Nina) (Entered: 06/02/2017) 1 Proposed Order View on PACER	RECAP
29	June 2, 2017	MOTION to Appear Pro Hac Vice by Nina Perales for Jose F. Sanchez ( Filing fee $ 100 receipt number 0542-9647807) by on behalf of Mexican American Legal Defense and Education Fund. (Attachments: # 1 Proposed Order)(Perales, Nina) (Entered: 06/02/2017) 1 Proposed Order View on PACER	RECAP
30	June 6, 2017	Response in Opposition to Motion, filed by Ken Paxton, Texas, re 26 MOTION to Dismiss Defendants Travis County and Sheriff Sally Hernandez's Motion to Dismiss First Amended Complaint Pursuant to F.R.C.P. 12(b)(1) and Request for Expedite Ruling filed by Defendant Travis County, Texas, Defendant Sally Hernandez, 27 Amended MOTION to Dismiss filed by Defendant Ellen Troxclair, Defendant Delia Garza, Defendant Ora Houston, Defendant Steve Adler, Defendant Leslie Pool, Defendant Kathie Tovo, Defendant Alison Alter, Defendant Sabino Renteria, Defendant Gregorio Casar, Defendant Jimmy Flannigan, Defendant Elaine Hart, Defendant City of Austin, Texas, Defendant Ann Kitchen (Attachments: # 1 Proposed Order Proposed Order)(McCarty, Darren) (Entered: 06/06/2017) 1 Proposed Order Proposed Order View on PACER	RECAP
31	June 6, 2017	ORDER GRANTING 28 Motion to Appear Pro Hac Vice as to Yolanda C. Garcia. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Sam Sparks. (dm) (Entered: 06/06/2017)	RECAP
32	June 6, 2017	ORDER GRANTING 29 Motion to Appear Pro Hac Vice as to Jose F. Sanchez. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Sam Sparks. (dm) (Entered: 06/06/2017)	RECAP
33	June 7, 2017	REPLY to Response to Motion, filed by Sally Hernandez, Travis County, Texas, re 26 Motion to Dismiss Defendants Travis County and Sheriff Sally Hernandez's Motion to Dismiss First Amended Complaint Pursuant to F.R.C.P. 12(b)(1) and Request for Expedite Ruling (Thomas, Sherine) Modified on 6/27/2017 to correct link (dm). (Entered: 06/07/2017)	RECAP
34	June 8, 2017	REQUEST FOR ISSUANCE OF SUMMONS by Ken Paxton, Texas. (McCarty, Darren) (Entered: 06/08/2017)	RECAP
35	June 8, 2017	Opposed MOTION to Consolidate Cases and Request for Expedited Ruling by Texas. (Attachments: # 1 Memo in Support, # 2 Exhibit 1, # 3 Proposed Order)(McCarty, Darren) (Entered: 06/08/2017) 1 Memo in Support View on RECAP 2 Exhibit 1 View on PACER 3 Proposed Order View on PACER	RECAP
36	June 8, 2017	REPLY to Response to Motion, filed by Steve Adler, Alison Alter, Gregorio Casar, City of Austin, Texas, Jimmy Flannigan, Delia Garza, Elaine Hart, Ora Houston, Ann Kitchen, Leslie Pool, Sabino Renteria, Kathie Tovo, Ellen Troxclair, re 27 Amended MOTION to Dismiss filed by Defendant Ellen Troxclair, Defendant Delia Garza, Defendant Ora Houston, Defendant Steve Adler, Defendant Leslie Pool, Defendant Kathie Tovo, Defendant Alison Alter, Defendant Sabino Renteria, Defendant Gregorio Casar, Defendant Jimmy Flannigan, Defendant Elaine Hart, Defendant City of Austin, Texas, Defendant Ann Kitchen (Siegel, Michael) (Entered: 06/08/2017)	RECAP
37	June 8, 2017	NOTICE of Attorney Appearance by Marisa Bono on behalf of Mexican American Legal Defense and Education Fund. Attorney Marisa Bono added to party Mexican American Legal Defense and Education Fund(pty:dft) (Bono, Marisa) (Entered: 06/08/2017)	RECAP
38	June 8, 2017	NOTICE of Attorney Appearance by Celina Ysela Moreno on behalf of Mexican American Legal Defense and Education Fund. Attorney Celina Ysela Moreno added to party Mexican American Legal Defense and Education Fund(pty:dft) (Moreno, Celina) (Entered: 06/08/2017)	RECAP

Case: Texas v. Travis County

1:17-cv-00425 | U.S. District Court for the Western District of Texas

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Docket for: Texas v. Travis County, Texas

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