Case: Livingston v. Beeman

Texas state trial court

Filed Date: 2010

Clearinghouse coding in progress

Case Summary

(This summary is temporary, while we research the case.) Deaf inmates incarcerated by the Texas Department of Criminal Justice (TDCJ) sued TDCJ's Executive Director alleging that he violated the Texas Human Resources Code (THRC) by failing to reasonably accommodate their impairment. Specifically, the inmates alleged that the ED failed to provide them with reasonable access to the telephone system and failed to provide sign language interpreters to allow them to meaningfully participate in educa…

(This summary is temporary, while we research the case.)

Deaf inmates incarcerated by the Texas Department of Criminal Justice (TDCJ) sued TDCJ's Executive Director alleging that he violated the Texas Human Resources Code (THRC) by failing to reasonably accommodate their impairment. Specifically, the inmates alleged that the ED failed to provide them with reasonable access to the telephone system and failed to provide sign language interpreters to allow them to meaningfully participate in educational, religious, and other prison programs. Trial court held for plaintiffs and ordered TDCJ to make certain accommodations. Court of Appeals determined that THRC was not applicable to prisons because they aren’t public facilities subject to the THRC and the ED had sovereign immunity. Texas Supreme Court affirmed the court of appeals on the reasoning that the ED had sovereign immunity because the plaintiffs did not plead or claim that the Legislature waived the ED’s sovereign immunity and that no ultra vires exception existed.

Previously: Arrington v. Livingston, Case No. 03-12-00205-CV, (Court of Appeals of Texas, Austin, Third District)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6146583/parties/united-states-v-theodore-wright-iii/

Documents in the Clearinghouse

No documents yet available via the Clearinghouse.

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6146583/united-states-v-theodore-wright-iii/

Last updated June 28, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
504072239

NON-DIRECT CRIMINAL CASE docketed. NOA filed by Appellant Mr. Theodore Robert Wright, III [17-40744] (CAG)

July 13, 2017

July 13, 2017

PACER
504077147

APPEARANCE FORM received from Mr. Carlo D'Angelo for Mr. Theodore Robert Wright, III for the court's review. Lead Counsel? Yes. [17-40744] (Carlo D'Angelo )

July 18, 2017

July 18, 2017

PACER
504077151

ATTORNEY TRANSCRIPT ORDER form filed by Appellant Mr. Theodore Robert Wright, III for the Court to process. Date of service: 07/18/2017 via email - Attorney for Appellant: D'Angelo; Attorney for Appellee: Kummerfeld. [17-40744] (Carlo D'Angelo )

July 18, 2017

July 18, 2017

PACER
504077691

INITIAL CASE CHECK by Attorney Advisor complete, Action: Case OK to Process. [8545616-2] Initial AA Check Due satisfied.. Bail memo due on 07/28/2017 for Appellant Theodore Robert Wright III. [17-40744] (JMW)

July 18, 2017

July 18, 2017

PACER
504079030

Attorney Mr. Carlo D'Angelo for Appellant Mr. Theodore Robert Wright, III is advised to resubmit an appearance form. The case caption indicated on the submitted form is incorrect. [17-40744] (BPL)

July 19, 2017

July 19, 2017

PACER
504085032

APPEARANCE FORM received from Mr. Carlo D'Angelo for Mr. Theodore Robert Wright, III for the court's review. Lead Counsel? Yes. [17-40744] (Carlo D'Angelo )

July 24, 2017

July 24, 2017

PACER
504094324

MOTION AND/OR DOCUMENT UNDER TEMPORARY SEAL pending a ruling by the court filed by Appellant Mr. Theodore Robert Wright, III Motion for Leave to File Under Seal This document is unopposed. Date of service: 07/28/2017 via email - Attorney for Appellant: D'Angelo; Attorney for Appellee: Kummerfeld [17-40744] (Carlo D'Angelo )

July 28, 2017

July 28, 2017

PACER
504096800

UNOPPOSED MOTION filed by Appellant Mr. Theodore Robert Wright, III to place memorandum and exhibits in support under seal [8556714-2]. Date of service: 07/28/2017 [17-40744] (SBS)

July 28, 2017

July 28, 2017

PACER
504094333

UNOPPOSED MOTION for permission to exceed the 5,200 word-limit but not to exceed 8,600 words on memorandum. [8555176-2]. [17-40744]REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION filed by Appellant Mr. Theodore Robert Wright, III to file brief in support in excess of the page limitations but not to exceed 8600 words pages [8555176-2]. Date of service: 07/28/2017 via email - Attorney for Appellant: D'Angelo; Attorney for Appellee: Kummerfeld [17-40744] (Carlo D'Angelo )

July 28, 2017

July 28, 2017

PACER
504096876

MEMO IN SUPPORT of motion for bail pending trial [8556759-2] filed by Appellant Mr. Theodore Robert Wright, III [17-40744] (SBS)

July 28, 2017

July 28, 2017

PACER
504096880

EXHIBITS IN SUPPORT of memorandum in support of bail pending trial [8556714-2] filed by Appellant Mr. Theodore Robert Wright, III Date of Service: 07/28/2017 [17-40744] (SBS)

July 28, 2017

July 28, 2017

PACER
504094660

APPEARANCE FORM received from Mr. Nathaniel Christopher Kummerfeld for USA as lead counsel for Appellee for the court's review. Lead Counsel? Yes. [17-40744] (Nathaniel Christopher Kummerfeld )

July 31, 2017

July 31, 2017

PACER
504094688

APPEARANCE FORM for L. Frank Coan, Jr. as co-counsel for Appellee United States for the court's review. Lead Counsel? No. [17-40744] (Laurel Franklin Coan Jr.)

July 31, 2017

July 31, 2017

PACER
504104198

COURT ORDER granting unopposed motion to place the memorandum in support of bail pending trial and exhibits in support of the memorandum for bail pending trial under seal filed by Appellant Mr. Theodore Robert Wright, III [8556714-2]; granting unopposed motion for permission to exceed the 5,200 word-limit, but not to exceed 8,600 words on the memorandum in support of bail pending trial filed by Appellant Mr. Theodore Robert Wright, III [8555176-2] Judge(s): JLD. [17-40744] (JMW)

Aug. 7, 2017

Aug. 7, 2017

PACER
504104725

UNOPPOSED MOTION to view and obtain sealed documents. Date of service: 08/07/2017 [17-40744]REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION filed by Appellee USA to view sealed document. Date of service: 08/07/2017 via email - Attorney for Appellant: D'Angelo; Attorney for Appellees: Coan, Kummerfeld [17-40744] (Nathaniel Christopher Kummerfeld )

Aug. 7, 2017

Aug. 7, 2017

PACER
504105721

MOTION AND/OR DOCUMENT UNDER TEMPORARY SEAL pending a ruling by the court filed by Appellee USA This document is unopposed. Date of service: 08/07/2017 via email - Attorney for Appellant: D'Angelo; Attorney for Appellees: Coan, Kummerfeld [17-40744] (Nathaniel Christopher Kummerfeld )

Aug. 7, 2017

Aug. 7, 2017

PACER
504106145

UNOPPOSED MOTION filed by Appellee USA to place their response under seal [8562123-2]. Date of service: 08/07/2017 [17-40744] (SBS)

Aug. 7, 2017

Aug. 7, 2017

PACER
504106182

RESPONSE/OPPOSITION filed by Mr. Theodore Robert Wright, III [8562158-1] to the memorandum in support of bail pending trial [8556779-2] Response/Opposition deadline satisfied. Date of Service: 08/07/2017. [17-40744] (SBS)

Aug. 7, 2017

Aug. 7, 2017

PACER
504107000

COURT ORDER granting unopposed motion view and obtain sealed documents filed by Appellee USA [8561270-2] Judge(s): JLD. [17-40744] (JMW)

Aug. 8, 2017

Aug. 8, 2017

PACER
504107014

COURT ORDER granting unopposed motion to file response under seal filed by Appellee USA [8562123-2] Judge(s): JLD. [17-40744] (JMW)

Aug. 8, 2017

Aug. 8, 2017

PACER
504113553

MOTION AND/OR DOCUMENT UNDER TEMPORARY SEAL pending a ruling by the court filed by Appellant Mr. Theodore Robert Wright, III Reply to Response Date of service: 08/11/2017 via email - Attorney for Appellant: D'Angelo; Attorney for Appellees: Coan, Kummerfeld [17-40744] (Carlo D'Angelo )

Aug. 11, 2017

Aug. 11, 2017

PACER
504114855

REPLY filed by Appellant Mr. Theodore Robert Wright, III [8567042-1] to the response/opposition filed by Appellant Mr. Theodore Robert Wright, III in 17-40744 [8562158-2], to the motion for bail pending appeal filed by Appellant Mr. Theodore Robert Wright, III in 17-40744 [8556759-2]. Date of Service: 08/11/2017. [17-40744] (AS)

Aug. 11, 2017

Aug. 11, 2017

PACER
504115123

UNOPPOSED MOTION filed by Appellant Mr. Theodore Robert Wright, III to place motion under seal [8567036-2]. Date of service: 08/11/2017 [17-40744] (AS)

Aug. 11, 2017

Aug. 11, 2017

PACER
504117553

COURT ORDER granting appellant's unopposed motion for leave to file reply to government's response under seal [8567036-2] Judge(s): JLD. [17-40744] (JMW)

Aug. 16, 2017

Aug. 16, 2017

PACER
504124922

LETTER filed by Appellant Mr. Theodore Robert Wright, III Correct Docketing of Case to Criminal Appeal of Detention Order (Expidited appeal). Date of Service: 08/21/2017 via email - Attorney for Appellant: D'Angelo; Attorney for Appellees: Coan, Kummerfeld [17-40744] (Carlo D'Angelo )

1 Letter Filed Requesting Correction of Docketing Entry of Appeal

View on PACER

2 Notice of Appeal

View on PACER

Aug. 21, 2017

Aug. 21, 2017

PACER
504125971

LETTER OF ADVISEMENT. Reason: advising that the designation of this appeal as a Non Cirect Criminal appeal is for statistical reporting purposes and does not impact theprocessing of the case. All bail request, either pending trial or pending appeal, are processed expeditiously. This appeal is pending with the court [17-40744] (JMW)

Aug. 22, 2017

Aug. 22, 2017

PACER
504139630

UNPUBLISHED OPINION FILED. [17-40744 Affirmed] Judge: JLW, Judge: JLD, Judge: LHS. Mandate pull date is 09/21/2017 [17-40744] (ACM)

Aug. 31, 2017

Aug. 31, 2017

PACER
504139878

JUDGMENT ENTERED AND FILED. [17-40744] (ACM)

Aug. 31, 2017

Aug. 31, 2017

RECAP
504167122

MANDATE ISSUED. Mandate pull date satisfied. [17-40744] (SBS)

1 Jgmt as Mdt

View on PACER

2 Opinion

View on PACER

3 MDT-1 Letter

View on PACER

Sept. 22, 2017

Sept. 22, 2017

PACER

Case Details

State / Territory: Texas

Case Type(s):

Prison Conditions

Disability Rights

Special Collection(s):

Deaf or Blind in Jail/Prison

Key Dates

Filing Date: 2010

Issues

Disability:

Hearing impairment