Case: Yellowquill v. Scott

4:95-cv-01080 | U.S. District Court for the Southern District of Texas

Filed Date: April 13, 1995

Closed Date: Oct. 28, 1998

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Case Summary

This is a case about a Native American individual deprived of their right to practice their religion while incarcerated in a Texas prison. On April 13, 1995, a Native American individual incarcerated at the Mountain View Unit (MVU) of the Texas Department of Criminal Justice-Institutional Division (TDCJ-ID) filed this lawsuit in the U.S. District Court for the Southern District of Texas. The plaintiff sued both TDCJ-ID and MVU officials under 42 U.S.C. § 1983, the First Amendment, the Religious Freedom Restoration Act (RFRA), Title VI of the Civil Rights Act, Article 1 of the Texas Constitution and the Texas Tort Claims Act. Filed pro se and later represented by private counsel, the plaintiff sought a declaratory judgment that the defendant’s conduct violated the law, a preliminary injunction, compensatory and punitive damages, attorneys’ fees and any other reasonable relief. She claimed that defendants deprived her of religious items and restricted her participation in the MVU’s weekly sacred pipe ceremony in violation of the law, the primary method by which she could pray and further her beliefs. The items were withheld on the basis that they presented a clear and present danger to prison security, which the plaintiff alleged was inaccurate. Conceding that prison security may nevertheless be a legitimate interest for defendants, the plaintiff claimed the restriction was still illegitimate, because it was greater than necessary to protect that interest.

As litigation progressed, on July 24, 1995, defendants filed a motion for partial dismissal. While the motion was pending before the court, defendants filed another motion on August 7, this time seeking a protective order and to quash some of the plaintiff’s discovery requests. This motion was granted in part and denied in part on October 16, and discovery was stayed pending a qualified immunity assessment for some defendants.

On December 15, the plaintiff filed an amended complaint. Three days later, on December 18, the court granted the defendants’ motion for partial dismissal, and the plaintiff’s claims based on the Texas Tort Act were dismissed. The same day, the court entered a scheduling order setting discovery and other deadlines at various points in 1996.

Discovery proceeded through 1996, and in September 1996, both parties submitted their expert witness lists. Though discovery was scheduled to end the first week of January 1997, the plaintiff filed a motion to continue discovery on January 6, 1997, which was granted, resetting the trial for May 1998. On March 4, the plaintiff filed a motion to dismiss all claims seeking monetary relief from the defendants in their official capacity, which was granted. Claims against two defendants, officials at the TDCJ-ID, were dismissed.

On May 6, 1997, the plaintiff filed a motion for a preliminary injunction, and for a temporary restraining order (TRO) pending a hearing regarding the preliminary injunction. The court granted the TRO on May 27. Defendants were ordered to 1) revoke the restrictions on the plaintiff’s participation in MVU’s sacred pipe ceremony for ten days, and 2) allow the plaintiff to participate in three sacred pipe ceremonies. The court found that the harm to the plaintiff and the plaintiff’s interest in practicing her religion outweighed defendants’ interests in security, as they had alternative, less restrictive methods of punishing her. The plaintiff’s request for a preliminary injunction was denied on the basis that the restrictions placed on the plaintiff’s participation in a weekly sacred pipe ceremony would expire on June 15, 1997. The court found that the plaintiff could not demonstrate irreparable harm after that date, and could request injunctive relief if defendants continued to impose similar restrictions after June 15.

Litigation continued, and on September 9, 1997, the plaintiff filed a second amended complaint. Two months later, on November 5, 1997, the plaintiff filed a second motion for a preliminary injunction, and requested attorneys’ fees a few days later. In an order issued on December 29, the court denied both the plaintiff’s motion for a preliminary injunction and request for attorneys’ fees.

A few weeks later, on January 29, 1998, defendants filed a motion for summary judgment. However, instead of ruling on the motion, the court entered an order of dismissal on May 5, 1998, dismissing the case without prejudice based on representations that an amicable settlement was being negotiated privately between the parties. Reinstatement was allowed within ninety days if final approval of the settlement could not be obtained. After an extension of time was granted, on October 28, 1998, the parties stipulated to dismissal of the case with prejudice and it was dismissed, with all parties to bear their own costs. As is customary with confidential settlements, no settlement papers were filed with the Court and none are referenced on the docket. Litigation following this case suggests that as part of the settlement, the TDCJ’s Chaplaincy Manual was revised to create an exception to the TDCJ tobacco ban for Native American believers at pipe ceremonies. The court granted the order, retaining jurisdiction to enforce the settlement. On October 28, 1998, the plaintiff agreed to a stipulation of dismissal which was granted, and the case was dismissed with prejudice.

This case is closed.

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Summary Authors

Simran Takhar (4/3/2023)

People

Judge(s)

Crone, Marcia A. (Texas)

Attorney for Plaintiff

Hoffer, Stewart (Texas)

Tipton, Drew Barnett (Texas)

Attorney for Defendant

Gardner, M. Carol (Texas)

Kraehe, George Christan (New Mexico)

Judge(s)

Crone, Marcia A. (Texas)

Attorney for Plaintiff

Hoffer, Stewart (Texas)

Tipton, Drew Barnett (Texas)

Attorney for Defendant

Gardner, M. Carol (Texas)

Kraehe, George Christan (New Mexico)

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Documents in the Clearinghouse

	Document
4:95-cv-01080	Docket	March 17, 2014	March 17, 2014 Docket
1 4:95-cv-01080	Civil Rights Complaint Pursuant to 42 U.S.C., 1983	April 13, 1995	April 13, 1995 Complaint
71 4:95-cv-01080	Order Granting Plaintiff's Motion for Temporary Restraining Order and Denying as Moot Plaintiff's Motion for Preliminary Injunction	May 22, 1997	May 22, 1997 Order/Opinion

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Docket

Last updated March 30, 2024, 3:02 a.m.

ECF Number	Description	Date	Link Date / Link
1	Prisoner Civil Rights Complaint filed; (fmremp) (cfelchak, ). (Entered: 04/13/1995)	April 13, 1995	April 13, 1995 Clearinghouse
2	MOTION to proceed in forma pauperis by Jolene Yellowquill Motion Docket Date 5/3/95 [2−1] motion , filed. (fmremp) (Entered: 04/13/1995)	April 13, 1995	April 13, 1995
3	MOTION for joinder of claims and remedies by Jolene Yellowquill Motion Docket Date 5/3/95 [3−1] motion , filed. (fmremp) (Entered: 04/13/1995)	April 13, 1995	April 13, 1995
4	ORDER for Service of Process granting pltf's [2−1] motion to proceed in forma pauperis, entered. Parties ntfd. Clerk to issue summons and the U.S. Marshal shal serve a copy of the complaint and this order upon the defts. Defts to answer within sicty (60) days. ( Signed by Magistrate Judge Marcia A. Crone ) (bchurchill) (Entered: 05/12/1995)	May 11, 1995	May 11, 1995
5	ORDER denying pltf's [3−1] motion for joinder of claims and remedies, entered. Parties ntfd. Denied without prejudice to reconsideration at a later time. ( Signed by Magistrate Judge Marcia A. Crone ) (bchurchill) (Entered: 05/12/1995)	May 11, 1995	May 11, 1995
	SUMMONS issued for Wayne Scott, Linda Moten, Jerry Groom, Chaplain T Crosby, Stan Cuyler, Glenda Taylor (bchurchill) (Entered: 05/12/1995)	May 11, 1995	May 11, 1995
6	RETURN OF SERVICE executed by certified mail as to Wayne Scott 5/23/95 filed Answer due on 6/12/95 for Wayne Scott (bchurchill) (Entered: 06/06/1995)	June 2, 1995	June 2, 1995
7	RETURN OF SERVICE executed by certified mail as to Linda Moten 5/24/95 filed Answer due on 6/13/95 for Linda Moten (bchurchill) (Entered: 06/06/1995)	June 2, 1995	June 2, 1995
8	RETURN OF SERVICE executed by certified mail as to Chaplain T Crosby 5/24/95 filed Answer due on 6/13/95 for Chaplain T Crosby (bchurchill) (Entered: 06/06/1995)	June 2, 1995	June 2, 1995
9	RETURN OF SERVICE executed by certified mail as to Jerry Groom 5/24/95 filed Answer due on 6/13/95 for Jerry Groom (bchurchill) (Entered: 06/06/1995)	June 2, 1995	June 2, 1995
10	Return of service unexecuted as to Glenda Taylor , filed (fmremp) (Entered: 06/09/1995)	June 7, 1995	June 7, 1995
11	Return of service unexecuted as to Stan Cuyler , filed (fmremp) (Entered: 06/09/1995)	June 7, 1995	June 7, 1995
	rec'd letter to Judge re: not wanting hearing in front of a magistrate but a district judge. (bchurchill) (Entered: 06/23/1995)	June 22, 1995	June 22, 1995
12	MOTION for appointment of counsel by Jolene Yellowquill , Motion Docket Date 7/16/95 [12−1] motion , filed. (bchurchill) (Entered: 06/29/1995)	June 26, 1995	June 26, 1995
13	ANSWER to Complaint by Wayne Scott, Jerry Groom (Added attorney George C Kraehe), filed.; jury demand (bchurchill) (Entered: 07/18/1995)	July 17, 1995	July 17, 1995
14	MOTION to compel rule 7(a) reply toanswer and brief in support by Wayne Scott, Jerry Groom, Motion Docket Date 8/6/95 [14−1] motion , filed. (bchurchill) (Entered: 07/18/1995)	July 17, 1995	July 17, 1995
15	MOTION for partial dismissal by Wayne Scott, Linda Moten, Jerry Groom, Chaplain T Crosby, Stan Cuyler, Glenda Taylor, Motion Docket Date 8/13/95 [15−1] motion , filed. (bchurchill) (Entered: 07/25/1995)	July 24, 1995	July 24, 1995
16	MOTION for partial dismissal by Linda Moten, Motion Docket Date 8/27/95 [16−1] motion , filed. (bchurchill) (Entered: 08/08/1995)	Aug. 7, 1995	Aug. 7, 1995
17	MOTION to compel rule 7(a) reply to answer and brief in support by Linda Moten, Motion Docket Date 8/27/95 [17−1] motion , filed. (bchurchill) (Entered: 08/08/1995)	Aug. 7, 1995	Aug. 7, 1995
18	ANSWER to Complaint by Linda Moten (Added attorney George C Kraehe), filed.; jury demand (bchurchill) (Entered: 08/10/1995)	Aug. 7, 1995	Aug. 7, 1995
20	RESPONSE by Jolene Yellowquill to deft's [17−1] motion to compel rule 7(a) reply to answer and brief in support, deft's [14−1] motion to compel rule 7(a) reply toanswer and brief in support , filed. (bchurchill) (Entered: 08/23/1995)	Aug. 23, 1995	Aug. 23, 1995
	Rec'd Consent to proceed before a magistrate Judge and Order of Reference, fwd/crd (bchurchill) (Entered: 09/18/1995)	Sept. 15, 1995	Sept. 15, 1995
21	CONSENT to trial by Magistrate and ORDER REFERRING CASE ( Signed by Judge Lynn N. Hughes ) to Magistrate Judge Marcia A. Crone , entered. Parties ntfd. (bchurchill) (Entered: 10/16/1995)	Oct. 13, 1995	Oct. 13, 1995
22	ORDER granting defts Scott & Groom's [14−1] motion to compel rule 7(a) reply toanswer and brief in support; granting Moten's [17−1] motion to compel rule 7(a) reply to answer and brief in support Pltf shall file a reply to defts Scott, Groom, & Moten's answers by 11/15/95 , entered; Parties notified. ( signed by Magistrate Judge Marcia A. Crone ) (bchurchill) (Entered: 10/18/1995)	Oct. 16, 1995	Oct. 16, 1995
23	ORDER granting in part denying part defts Scott, Groom & Moten's [19−1] motion for protective order; granting in part denying in part defts' Scott, Groom & Moten's [19−2] motion to quash pltf's discovery requests , entered; Parties notified. Discovery in this case is stayed as to defts Scott, Groom, & Moten pending this court's determinatin of their assertin of qualified immunity. ( signed by Magistrate Judge Marcia A. Crone ) (bchurchill) (Entered: 10/18/1995)	Oct. 16, 1995	Oct. 16, 1995
24	ORDER granting pltf's [12−1] motion for appointment of counsel, entered; Parties notified. Drew Tipton,, 1301 Mckinney St. Suite 3300, Houston, Tx. 77010, (713) 951−9400 is appointed to represent pltf in this case. Within ten (10) counsel to enter an appearance on pltf's behalf. ( signed by Magistrate Judge Marcia A. Crone ) (bchurchill) (Entered: 10/18/1995)	Oct. 17, 1995	Oct. 17, 1995
25	NOTICE of attorney appearance for Jolene Yellowquill w/Order appointing counsel by pltf's, filed (bchurchill) (Entered: 10/20/1995)	Oct. 19, 1995	Oct. 19, 1995
26	MOTION to extend time to respond to pending motions or amended complaint by Jolene Yellowquill, Motion Docket Date 11/9/95 [26−1] motion , filed. (bchurchill) (Entered: 10/23/1995)	Oct. 20, 1995	Oct. 20, 1995
27	ORDER granting in part defts' & mooting [26−1] motion to extend time to respond to pending motions or amended complaint Response to motion reset to 11/15/95 for [16−1] motion for partial dismissal, reset to 11/15/95 for [15−1] motion for partial dismissal entered; Parties notified. ( signed by Magistrate Judge Marcia A. Crone ) (bchurchill) (Entered: 10/24/1995)	Oct. 23, 1995	Oct. 23, 1995
28	UNOPPOSED MOTION for continuance of compliance with the court's orders until 12/1/95 by Jolene Yellowquill, Motion Docket Date 11/29/95 [28−1] motion , filed. (fmremp) (Entered: 11/14/1995)	Nov. 9, 1995	Nov. 9, 1995
29	ORDER Pltfs to file Response by 12/1/95 to Defts [16−1] motion for partial dismissal, and [15−1] motion for partial dismissal , Pltf to file reply to Defts answers by 12/1/95 , entered; Parties notified. ( signed by Magistrate Judge Marcia A. Crone ) (fmremp) (Entered: 11/15/1995)	Nov. 14, 1995	Nov. 14, 1995
30	MOTION to compel rule 7(a) reply to answer and brief in support by Chaplain T Crosby, Motion Docket Date 12/5/95 [30−1] motion , filed. (bchurchill) (Entered: 11/17/1995)	Nov. 15, 1995	Nov. 15, 1995
31	ANSWER to Complaint by Chaplain T Crosby (Added attorney ), filed.; jury demand (bchurchill) (Entered: 11/17/1995)	Nov. 15, 1995	Nov. 15, 1995
32	MOTION for partial dismissal by Chaplain T Crosby, Motion Docket Date 12/5/95 [32−1] motion , filed. (bchurchill) (Entered: 11/17/1995)	Nov. 15, 1995	Nov. 15, 1995
33	SECOND MOTION for continuance to comply with court orders by Jolene Yellowquill, Motion Docket Date 12/20/95 [33−1] motion , filed. (bchurchill) (Entered: 12/01/1995)	Nov. 30, 1995	Nov. 30, 1995
39	Pltf's UNOPPOSED MOTION for leave to file Amended Complaint by Jolene Yellowquill, Motion Docket Date 1/4/96 [39−1] motion , filed. (ejones) (Entered: 12/20/1995)	Dec. 15, 1995	Dec. 15, 1995
40	AMENDED COMPLAINT by Jolene Yellowquill , (Answer due 12/25/95 for Glenda Taylor, for Stan Cuyler, for Chaplain T Crosby, for Jerry Groom, for Linda Moten, for Wayne Scott ) amending [1−1] complaint adding Jolene Yellowquill, Tx Dept Cr Justice, Wayne Scott, Linda Moten, Sr Warden, Jerry Groom, filed. (ejones) (Entered: 12/20/1995)	Dec. 15, 1995	Dec. 15, 1995
41	RESPONSE by Jolene Yellowquill to Deft's [32−1] motion for partial dismissal , filed. (ejones) (Entered: 12/20/1995)	Dec. 15, 1995	Dec. 15, 1995
42	REPLY to the Individual Defts [31−1] answer, [18−1] answer, [13−1] answer, by Jolene Yellowquill , filed. (fmremp) (Entered: 12/20/1995)	Dec. 15, 1995	Dec. 15, 1995
43	Minute entry: Scheduling Conf held; App: Tipton and Kraehe. Set Schedule. terminated deadlines (fmremp) (Entered: 12/26/1995)	Dec. 15, 1995	Dec. 15, 1995
35	ORDER granting Defts [32−1] motion for partial dismissal ; granting [16−1] motion for partial dismissal and granting [15−1] motion for partial dismissal , entered; Parties notified. Yellowquill's claims based on the Texas Tort Claims Act are DISMISSED. ( signed by Magistrate Judge Marcia A. Crone ) (fmremp) (Entered: 12/19/1995)	Dec. 18, 1995	Dec. 18, 1995
36	ORDER: In view of Yellowquill's filing of her Rule 7(a) Reply on 12/15/95, Deft Crosby's [30−1] motion to compel rule 7(a) reply to answer is MOOT, entered; Parties notified. ( signed by Magistrate Judge Marcia A. Crone ) (fmremp) (Entered: 12/19/1995)	Dec. 18, 1995	Dec. 18, 1995
37	SCHEDULING ORDER setting Joining of parties by 3/1/96;, amending of pleadings 11/1/96 ; Pltfs Expert witness list submitted by 9/1/96 ; Defts Expert witness list submitted by 10/1/96; Discovery cutoff 1/1/97 ; Deadline for filing all dispositive motions 2/1/97 ; Deadline for filing non−dispositive motions 2/1/97 ; Pretrial order to be submitted on or before 4/11/97 ; Trial setting for 10:00 5/1/97 ; final pretrial conference for 10:00 4/30/97 , Parties notified. ETT: 12 days/Jury ; ( Signed by Magistrate Judge Marcia A. Crone ) (fmremp) (Entered: 12/19/1995)	Dec. 18, 1995	Dec. 18, 1995
38	ORDER , entered; Parties notified. Pltfs Motion For Leave to File An Amended Complaint is GRANTED. ( signed by Magistrate Judge Marcia A. Crone ) (fmremp) (Entered: 12/20/1995)	Dec. 18, 1995	Dec. 18, 1995
44	UNOPPOSED MOTION for extension of designate experts deadlines by Jolene Yellowquill, Motion Docket Date 9/23/96 [44−1] motion , filed. (hlerma) (Entered: 09/05/1996)	Sept. 3, 1996	Sept. 3, 1996
45	NOTICE OF DESIGNATION by Wayne Scott, Linda Moten, Jerry Groom, Chaplain T Crosby designating Marjolyn Carol Healy as attorney in charge, filed. (bchurchill) (Entered: 09/05/1996)	Sept. 3, 1996	Sept. 3, 1996
46	ORDER granting pltf's [44−1] motion for extension of designate experts deadlines reset pltf's expert witness list due for 9/16/96 , entered; Parties notified. ( signed by Magistrate Judge Marcia A. Crone ) (bchurchill) (Entered: 09/10/1996)	Sept. 8, 1996	Sept. 8, 1996
47	DESIGNATION OF EXPERT WITNESS LIST by Jolene Yellowquill filed. (bchurchill) (Entered: 09/17/1996)	Sept. 16, 1996	Sept. 16, 1996
48	DESIGNATION OF EXPERT WITNESS LIST by Wayne Scott, Linda Moten, Jerry Groom, Chaplain T Crosby filed. (bchurchill) (Entered: 10/01/1996)	Sept. 30, 1996	Sept. 30, 1996
49	MOTION for continuance , or alternatively for extension of discovery deadlines by Jolene Yellowquill, Motion Docket Date 1/26/97 [49−1] motion, 1/26/97 [49−2] motion , filed. (bchurchill) (Entered: 01/07/1997)	Jan. 6, 1997	Jan. 6, 1997
51	ORDER granting pltf's [50−1] motion to substitute attorney Added Stewart Hoffer entered; Parties notified. ( signed by Magistrate Judge Marcia A. Crone ) (bchurchill) (Entered: 01/08/1997)	Jan. 7, 1997	Jan. 7, 1997
52	ORDER granting Parties [49−1] motion for continuance and granting [49−2] motion for extension of discovery deadlines , entered; Parties notified. All further proceedings are governed by the Amended Scheduling Order signed 1/8/97. ( signed by Magistrate Judge Marcia A. Crone ) (psmith) (Entered: 01/10/1997)	Jan. 8, 1997	Jan. 8, 1997
53	AMENDED SCHEDULING ORDER setting Joining of parties, amending of pleadings 9/1/97 ; Discovery cutoff 11/1/97 ; Deadline for filing non−dispositive motions 2/1/98 ; Pretrial order to submitted on or before 5/8/98 ; Trial date deadline 9:30 6/1/98 ; final pretrial conference for 2:00 5/29/98 , entered. Parties notified. ETT: 9 days/Jury ; ( Signed by Magistrate Judge Marcia A. Crone ) (psmith) (Entered: 01/10/1997)	Jan. 8, 1997	Jan. 8, 1997
54	Unopposed MOTION to obt ain leave of court to depose the plaintiff by Jerry Groom, Linda Moten, Sr Warden, Wayne Scott, Chaplain T Crosby, Motion Docket Date 3/2/97 [54−1] motion , filed. (fmremp) (Entered: 02/12/1997)	Feb. 10, 1997	Feb. 10, 1997
55	ORDER granting [54−1] defendants' motion to obtain leave of court to depose the plaintiff , entered; Parties notified. ( signed by Magistrate Judge Marcia A. Crone ) (fmremp) (Entered: 02/18/1997)	Feb. 14, 1997	Feb. 14, 1997
56	Unoppopsed MOTION to obtain leave to depose pltf by Jerry Groom, Linda Moten, Sr Warden, Wayne Scott, and Chaplain T Crosby, Motion Docket Date 3/12/97 motion , filed. (fmremp) (Entered: 02/24/1997)	Feb. 20, 1997	Feb. 20, 1997
57	Unopposed MOTION to dismiss claims with prejudice under Fed.R.Civ.P. 41(a)(2) by Jolene Yellowquill, Motion Docket Date 3/24/97 [57−1] motion , filed. (fmremp) (Entered: 03/05/1997)	March 4, 1997	March 4, 1997
58	NOTICE by Chaplain T Crosby, Jerry Groom, Linda Moten, Wayne Scott to take deposition of Jolene Yellowquill 4/10/97, filed. (fmremp) (Entered: 03/07/1997)	March 6, 1997	March 6, 1997
59	ORDER granting [57−1] motion to dismiss claims with prejudice under Fed.R.Civ.P. 41(a)(2) , entered; Plaintiff's claims seeking monetary relief from all dfts in their official capacities are dismissed. All claims against dfts Taylor and Cuyler are dismissed. Parties notified. ( signed by Magistrate Judge Marcia A. Crone ) (fmremp) (Entered: 03/10/1997)	March 7, 1997	March 7, 1997
60	INITIAL DISCLOSURE pursuant to Order for Accelerated Discovery by Wayne Scott, Linda Moten, Sr Warden, Jerry Groom, Chaplain T Crosby , filed. (fmremp) (Entered: 03/11/1997)	March 10, 1997	March 10, 1997
61	ORDER mooting [56−1] defendants' motion to obtain leave to depose pltf , entered; Parties notified. ( signed by Magistrate Judge Marcia A. Crone ) (fmremp) (Entered: 03/13/1997)	March 12, 1997	March 12, 1997
62	NOTICE by Wayne Scott, Chaplain T Crosby, Jerry Groom, Linda Moten to take deposition of Jolene Yellowquill 06/06/97, filed. (ltien) (Entered: 04/14/1997)	April 10, 1997	April 10, 1997
63	MOTION for preliminary injunction , and for temporary restraining order pending hearing on motion for preliminary injunction by Jolene Yellowquill, Motion Docket Date 5/26/97 [63−1] motion, 5/26/97 [63−2] motion , filed. (fmremp) (Entered: 05/06/1997)	May 6, 1997	May 6, 1997
64	APPENDIX of evidence by Jolene Yellowquill in support of [63−1] motion for preliminary injunction, [63−2] motion for temporary restraining order pending hearing on motion for preliminary injunction , filed. (fmremp) (Entered: 05/06/1997)	May 6, 1997	May 6, 1997
65	ORDER: Motion hearing set for 3:00 5/23/97 for [63−1] motion for preliminary injunction, set for 3:00 5/23/97 for [63−2] motion for temporary restraining order pending hearing on motion for preliminary injunction , entered; Parties notified. ( signed by Magistrate Judge Marcia A. Crone ) (fmremp) (Entered: 05/09/1997)	May 9, 1997	May 9, 1997
67	NOTICE OF Supplemental DISCLOSURE by Chaplain T Crosby, Jerry Groom, Linda Moten, Wayne Scott , filed. (fmremp) (Entered: 05/22/1997)	May 22, 1997	May 22, 1997
71	ORDER granting pltf's [63−2] motion for temporary restraining order pending hearing on motion for preliminary injunction; denying as moot pltf's [63−1] motion for preliminary injunction; granting pltf's [69−2] supplemental motion for temporary restraining order pending hearing on motion for preliminary injunction; denying as moot pltf's [69−1] motion for preliminary injunction , entered; Parties notified. ( signed by Magistrate Judge Marcia A. Crone ) (ltien) (Entered: 05/27/1997)	May 22, 1997	May 22, 1997 Clearinghouse
68	RESPONSE by Chaplain T Crosby, Jerry Groom, Linda Moten, Wayne Scott in opposition to plaintiff's [63−1] motion for preliminary injunction with brief in support, filed (fmremp) (Entered: 05/23/1997)	May 23, 1997	May 23, 1997
69	Supplemental MOTION for preliminary injunction , and for temporary restraining order pending hearing on motion for preliminary injunction by Jolene Yellowquill, Motion Docket Date 6/12/97 [69−1] motion, 6/12/97 [69−2] motion , filed. (fmremp) (Entered: 05/23/1997)	May 23, 1997	May 23, 1997
70	APPENDIX of evidence by Jolene Yellowquill in support of plaintiff's [69−1] motion for preliminary injunction, [69−2] motion for temporary restraining order pending hearing on motion for preliminary injunction , filed. (fmremp) (Entered: 05/23/1997)	May 23, 1997	May 23, 1997
72	Minute entry: HEARING held on 5/23/97. Apps: Hoffer f/pltf; Healy and Ray f/deft. TRO granted. Order to follow. terminated deadlines Ct Reporter: ERO (psmith) (Entered: 05/28/1997)	May 23, 1997	May 23, 1997
73	WRIT of habeas corpus ad testificandum returned executed, filed. (fmremp) (Entered: 05/28/1997)	May 27, 1997	May 27, 1997
74	NOTICE by Defts Jerry Groom, Linda Moten, Sr Warden, Wayne Scott to take oral deposition of Jolene Yellowquill 7/2/97 at 1:00 PM at TDC, Mountain View Unit, Gatesville, TX, filed. (fmremp) (Entered: 06/09/1997)	June 6, 1997	June 6, 1997
75	MOTION to dismiss by Jolene Yellowquill, Motion Docket Date 7/22/97 [75−1] motion , filed. (fmremp) (Entered: 07/03/1997)	July 2, 1997	July 2, 1997
76	ORDER granting pltf's [75−1] motion to dismiss; dismisses without prejudice. , entered; Parties notified. ( signed by Magistrate Judge Marcia A. Crone ) (fmremp) (Entered: 07/15/1997)	July 13, 1997	July 13, 1997
77	UNOPPOSED MOTION for leave to file second amended complaint by Jolene Yellowquill, Motion Docket Date 9/29/97 [77−1] motion , filed. (ltien) (Entered: 09/09/1997)	Sept. 9, 1997	Sept. 9, 1997
78	SECOND AMENDED COMPLAINT by Jolene Yellowquill , (Answer due 9/19/97 for Wayne Scott, et al ) amending [1−1] complaint , filed. (ltien) (Entered: 09/09/1997)	Sept. 9, 1997	Sept. 9, 1997
79	ORDER granting pltf's [77−1] motion for leave to file second amended complaint , entered; Parties notified. ( signed by Magistrate Judge Marcia A. Crone ) (ltien) (Entered: 09/11/1997)	Sept. 11, 1997	Sept. 11, 1997
80	SECOND AMENDED ANSWER to Complaint by Wayne Scott, Linda Moten, Jerry Groom, Chaplain T Crosby : amends [13−1], [18−1] and [31−1] answers , filed.; jury demand (ltien) (Entered: 09/19/1997)	Sept. 19, 1997	Sept. 19, 1997
81	SECOND MOTION for preliminary injunction by Jolene Yellowquill, Motion Docket Date 11/25/97 [81−1] motion , filed. (ltien) (Entered: 11/06/1997)	Nov. 5, 1997	Nov. 5, 1997
81	REQUEST by Jolene Yellowquill for attorney's fees , filed. (ltien) (Entered: 11/06/1997)	Nov. 5, 1997	Nov. 5, 1997
	Rec'd and fwd to CRD: proposed order granting pltf's second motion for preliminary injunction (ltien) (Entered: 11/06/1997)	Nov. 6, 1997	Nov. 6, 1997
82	UNOPPOSED MOTION for leave to file of court to file first supplemental designation of expert witnesses , by Wayne Scott, Linda Moten, Jerry Groom, Chaplain T Crosby,	Nov. 26, 1997	Nov. 26, 1997
84	RESPONSE by Wayne Scott, Linda Moten, Jerry Groom, Chaplain T Crosby in opposition to Plts Second [81−1] motion for preliminary injunction , filed (psmith) (Entered: 11/26/1997)	Nov. 26, 1997	Nov. 26, 1997
85	ORDER granting defts Scott, Moten, Groom and Crosby's [82−1] motion for leave to file of court to file first supplemental designation of expert witnesses , entered; Parties notified. ( signed by Magistrate Judge Marcia A. Crone ) (ltien) (Entered: 12/01/1997)	Nov. 26, 1997	Nov. 26, 1997
86	ORDER; Motion hearing set for 2:00 12/29/97 for pltf's [81−1] second motion for preliminary injunction , entered; Parties notified. ( signed by Magistrate Judge Marcia A. Crone ) (ltien) (Entered: 12/04/1997)	Dec. 4, 1997	Dec. 4, 1997
	WRIT of Habeas Corpus Ad Testificandum issued for appearance of Jolene Yellowquill on 12/29/97 at 2:00. (ltien) (Entered: 12/08/1997)	Dec. 5, 1997	Dec. 5, 1997
87	ORDER denying pltf's [81−1] motion for preliminary injunction and [81−1] request for attorney's fees, entered; Parties notified. ( signed by Magistrate Judge Marcia A. Crone ) (ltien) (Entered: 12/30/1997)	Dec. 29, 1997	Dec. 29, 1997
88	Minute entry: TRO hearing held on 12/29/97. Apps: Hoffer and Johns f/pltf; Healy and Haney f/deft. Pltf's [81−1] motion for preliminary injunction is DENIED. Order to be entered. (ltien) (Entered: 12/30/1997)	Dec. 29, 1997	Dec. 29, 1997
89	Pltf's Witness list by Jolene Yellowquill, filed (ltien) (Entered: 12/30/1997)	Dec. 29, 1997	Dec. 29, 1997
90	Defts' Witness list by Wayne Scott, et al filed (ltien) (Entered: 12/30/1997)	Dec. 29, 1997	Dec. 29, 1997
91	Pltf's Exhibit list by Jolene Yellowquill, filed (ltien) (Entered: 12/30/1997)	Dec. 29, 1997	Dec. 29, 1997
92	Defts' Exhibit list by Wayne Scott, et al filed (ltien) (Entered: 12/30/1997)	Dec. 29, 1997	Dec. 29, 1997
93	WRIT of habeas corpus ad testificandum returned executed as to Jolene Yellowquill, filed. (ltien) (Entered: 12/30/1997)	Dec. 30, 1997	Dec. 30, 1997
94	TRANSCRIPT OF PROCEEDINGS of TEMPORARY RESTRAINING ORDER HEARING for dates of 12/29/97 before Magistrate Judge Marcia A Crone , filed. Volume 1 of II. ( Court Rptr: Brent Laswell) (ltien) (Entered: 01/23/1998)	Jan. 21, 1998	Jan. 21, 1998
95	TRANSCRIPT OF PROCEEDINGS of TEMPORARY RESTRAINING ORDER HEARING for dates of 12/29/97 before Magistrate Judge Marcia A Crone , filed. Volume II of II. ( Court Rptr: Brent Laswell) (ltien) (Entered: 01/23/1998)	Jan. 21, 1998	Jan. 21, 1998
96	TRANSCRIPT OF PROCEEDINGS of TEMPORARY RESTRAINING ORDER HEARING−excludes testimonies of Gary Johnson by Hoffer, testimony of Chaplain Crosby and Pamela Baggett− for dates of 5/23/97 before Magistrate Judge Marcia A Crone , filed. ( Court Rptr: Yvonne Draker) (ltien) (Entered: 01/23/1998)	Jan. 21, 1998	Jan. 21, 1998
98	ORDER; pltf may file a supplemental expert witness designation and report by 2/6/98; deft may do so by 2/13/98 ; defts may file a supplement to their motion for summary judgment by 2/16/98 , entered; pltf shall file a response to defts' motion for summary judgment and any supplement thereto by 2/23/98. Parties notified. ( signed by Magistrate Judge Marcia A. Crone ) (ltien) (Entered: 01/29/1998)	Jan. 27, 1998	Jan. 27, 1998
97	NOTICE OF Second Supplemental DISCLOSURE by Wayne Scott, Linda Moten, Jerry Groom, Chaplain T Crosby , filed. (ltien) (Entered: 01/28/1998)	Jan. 28, 1998	Jan. 28, 1998
99	MOTION for leave to file motion for summary judgment in excess of twenty pages by Wayne Scott, Linda Moten, Jerry Groom, Chaplain T Crosby, Motion Docket Date 2/18/98 [99−1] motion , filed. (ltien) (Entered: 01/29/1998)	Jan. 29, 1998	Jan. 29, 1998