Case: Rhames v. United States of America

7:17-cv-00009 | U.S. District Court for the Northern District of Texas

Filed Date: Feb. 3, 2017

Closed Date: April 12, 2019

Clearinghouse coding complete

Case Summary

After three plaintiffs sought to intervene in Texas v. United States, Judge Reed O'Connor of the Northern District of Texas ordered the claims to be severed and removed to a new civil action. Thus, this case was brought on 02/03/2017. The plaintiffs were cisgender women incarcerated in Texas federal prisons. They alleged that their First, Fourth, Fifth, Eighth, and Fourteenth Amendments were violated when transgender female prisoners were housed in the same single-sex facilities as the plaintif…

After three plaintiffs sought to intervene in Texas v. United States, Judge Reed O'Connor of the Northern District of Texas ordered the claims to be severed and removed to a new civil action. Thus, this case was brought on 02/03/2017. The plaintiffs were cisgender women incarcerated in Texas federal prisons. They alleged that their First, Fourth, Fifth, Eighth, and Fourteenth Amendments were violated when transgender female prisoners were housed in the same single-sex facilities as the plaintiffs. The plaintiffs also alleged that being housed with transgender prisoners violated their rights under the Religious Freedom Restoration Act (42 U.S.C. §§ 2000bb-4 et seq.). The plaintiffs were represented by the Alliance Defending Freedom. They sought a declaratory judgment, preliminary and permanent injunctive relief, punitive damages, and attorney's fees. The named defendants were the United States of America, the Attorney General of the United States, the Acting Director of the U.S. Bureau of Prisons, and both of the Wardens of the prisons where the plaintiffs were held.

The plaintiffs filed second and third amended complaints on March 2, 2017 and May 12, 2017, respectively. The third amended complaint included four plaintiffs alleging the same constitutional violations and seeking the same relief. On June 26, 2017, the plaintiffs also filed a motion for preliminary injunction. The plaintiffs asked the Court to enjoin the defendants from housing transgender women in the same facilities as the plaintiffs.

The parties began to engage in settlement negotiations in September 2017, but failed to reach an agreement. Around the same time, a transgender woman incarcerated at the same facility in question moved to intervene in the action. She alleged that the plaintiffs' complaints were false and driven by anti-transgender biases and prejudices.

On May 11, 2018, the U.S. Department of Justice promulgated revisions to the Transgender Offender Manual for the Bureau of Prisons. In light of the revisions, the plaintiffs withdrew their motion for a preliminary injunction. The court also ordered the plaintiffs to file a new complaint to specify the claims that would proceed after the revisions.

On July 11, 2018, three female plaintiffs alleged similar claims as had been alleged in prior complaints; namely, that the housing of transgender female prisoners violated the plaintiffs' right to bodily privacy and endangered their physical and mental health.

The plaintiffs filed a motion to dismiss the plaintiff's claims on September 10, 2018. The remaining plaintiff and two intervenors initially opposed the motion and tried to proceed with their claims, filing a motion to certify a proposed class of "all female inmates who have been housed or otherwise situated with genetically-males inmates identifying as female." The plaintiff was eventually released and, as such, did not oppose the motion to dismiss. On April 12, 2019, Judge O'Connor dismissed the case with prejudice.

Summary Authors

Justin Hill (1/17/2021)

Related Cases

Texas v. United States, Northern District of Texas (2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6156954/parties/rhames-v-united-states-of-america/


Judge(s)

O'Connor, Reed Charles (Texas)

Attorneys(s) for Plaintiff

Hallock, Jeana (Arizona)

Holcomb, Christiana (District of Columbia)

Little, Charlsa Suzanne (Texas)

McCaleb, Gary S. (Arizona)

Nimocks, Austin (Texas)

Pikl, James A (Texas)

Attorneys(s) for Defendant

Cutler, David G. (District of Columbia)

Nestler, Emily B. (District of Columbia)

Sealls, Kenneth Eliot (District of Columbia)

Judge(s)

O'Connor, Reed Charles (Texas)

Attorneys(s) for Plaintiff

Hallock, Jeana (Arizona)

Holcomb, Christiana (District of Columbia)

Little, Charlsa Suzanne (Texas)

McCaleb, Gary S. (Arizona)

Nimocks, Austin (Texas)

Pikl, James A (Texas)

Attorneys(s) for Defendant

Cutler, David G. (District of Columbia)

Nestler, Emily B. (District of Columbia)

Sealls, Kenneth Eliot (District of Columbia)

Smith, Laura K. (District of Columbia)

Other Attorney(s)

Norred, Warren V (Texas)

Documents in the Clearinghouse

Document

7:17-cv-00009

Docket

April 12, 2019

April 12, 2019

Docket
14

7:17-cv-00009

Plaintiffs' Response to Motion for Preliminary Injunction by Jeanette Driever, et al.

State of Texas v. United States of America

Feb. 3, 2017

Feb. 3, 2017

Pleading / Motion / Brief
2

7:17-cv-00009

Motion to Intervene

Feb. 3, 2017

Feb. 3, 2017

Pleading / Motion / Brief
25

7:17-cv-00009

7:16-00054

Complaint

State of Texas v. United States

Feb. 3, 2017

Feb. 3, 2017

Complaint
59

7:17-cv-00009

Third Amended Verified Complaint

Fleming v. United States of America

May 12, 2017

May 12, 2017

Complaint
79

7:17-cv-00009

Motion for Preliminary Injunction

Fleming v. United States of America

June 26, 2017

June 26, 2017

Pleading / Motion / Brief
191

7:17-cv-00009

Brenda Rhames' Amended Verified Complaint

Little v. Sessions III

July 11, 2018

July 11, 2018

Complaint
238

7:17-cv-00009

Judgment

April 12, 2019

April 12, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6156954/rhames-v-united-states-of-america/

Last updated June 1, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link

Order Receipt

Feb. 3, 2017

Feb. 3, 2017

PACER
1

Order to Sever. It is ORDERED that the Clerk of the Court open a new civil action entitled "Rhonda Fleming, et al. v. John Doe" and copy the following to the docket of the new civil action: (1) ECF Nos. 101-125; and (2) this Order. Putative Intervenors will be afforded an opportunity to amend or withdraw their complaint in the new civil action. (Ordered by Judge Reed C. O'Connor on 2/3/2017) (skg) Modified on 2/6/2017 (skg). (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

RECAP
2

MOTION to Intervene filed by Rhonda Fleming, Charlsa Suzanne Little, Jeanette Driever. (skg) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

RECAP
3

MOTION for Preliminary Injunctive Relief filed by Jeanette Driever, Rhonda Fleming, Charlsa Suzanne Little. (Attachments: # 1 Exhibit(s)) (skg) (Entered: 02/03/2017)

1 Exhibit(s)

View on PACER

Feb. 3, 2017

Feb. 3, 2017

PACER
4

Declaration Pursuant to U.S.C. 1746 in Support of Motion to Intervene 2 filed by Rhonda Fleming. (skg) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

RECAP
5

Declaration Pursuant to U.S.C. 1746 in Support of Motion to Intervene 2 filed by Brenda Rhames. (skg) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

RECAP
6

Declaration Pursuant to U.S.C. 1746 in Support of Motion to Intervene 2 filed by Jessica Summers. (skg) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
7

Declaration Pursuant to U.S.C. 1746 in Support of Motion to Intervene 2 filed by Linda Highfield. (skg) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
8

Declaration Pursuant to U.S.C. 1746 in Support of Motion to Intervene 2 filed by Natasha Harper. (skg) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
9

Declaration Pursuant to U.S.C. 1746 in Support of Motion to Intervene 2 filed by Jeanette Driever. (skg) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
10

Declaration Pursuant to U.S.C. 1746 in Support of Motion to Intervene 2 filed by Yolanda Nowlin. (skg) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
11

Declaration Pursuant to U.S.C. 1746 in Support of Motion to Intervene 2 filed by Charlsa Suzanne Little. (skg) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
12

Declaration Pursuant to U.S.C. 1746 in Support of Motion to Intervene 2 filed by Robin Parezanin. (skg) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
13

RESPONSE filed by Arizona Department of Education, Governor C. L. "Butch" Otter, Harrold Independent School District (TX), Heber-Overgaard Unified School District (AZ), Paul LePage, State of Alabama, State of Georgia, State of Kentucky, State of Louisiana, State of Mississippi, State of Oklahoma, State of Tennessee, State of Texas, State of Utah, State of West Virginia, State of Wisconsin re: 2 MOTION to Intervene. (skg) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

RECAP
14

RESPONSE filed by Arizona Department of Education, Harrold Independent School District (TX), Heber-Overgaard Unified School District (AZ), Paul LePage, State of Alabama, State of Georgia, State of Kentucky, State of Louisiana, State of Mississippi, State of Oklahoma, State of Tennessee, State of Texas, State of Utah, State of West Virginia, State of Wisconsin re: 3 MOTION for Injunction. (skg) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

RECAP
15

"Addendum to the Motion for Preliminary Injunctive Relief" 3 filed by Rhonda Fleming. (skg) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

RECAP
16

Declaration Pursuant to U.S.C. 1746 in Support of Motion to Intervene 2 filed by Levon Edmonds. (skg) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

RECAP
17

NOTICE of Regarding Service of ECF No. 13 & No. 14 filed by Harrold Independent School District (TX), Heber-Overgaard Unified School District (AZ), Paul LePage, State of Alabama, State of Georgia, State of Kentucky, State of Louisiana, State of Mississippi, State of Oklahoma, State of Tennessee, State of Texas, State of Utah, State of West Virginia, State of Wisconsin. (skg) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
18

RESPONSE AND OBJECTION filed by Vanita Gupta, John B. King, Loretta Lynch, David Michaels, Thomas E. Perez, United States Department of Education, United States Department of Justice, United States Department of Labor, United States Equal Employment Opportunity Commission, United States of America, Jenny R Yang re: 2 MOTION to Intervene. (skg) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
19

"Plaintiff-Intervenors' Sur-reply to Plaintiff-States Response" 13 filed by Jeanette Driever, Rhonda Fleming, Charlsa Suzanne Little. (Attachments: # 1 Exhibit(s)) (skg) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
20

Declaration Pursuant to U.S.C. 1746 in Support of Motion to Intervene 2 filed by Amy Alley. (skg) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
21

Declaration Pursuant to U.S.C. 1746 in Support of Motion to Intervene 2 filed by Susan Peters. (skg) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
22

Declaration Pursuant to U.S.C. 1746 in Support of Motion to Intervene 2 filed by Donna Roberts. (skg) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
23

Declaration Pursuant to U.S.C. 1746 in Support of Motion to Intervene 2 filed by Julie Tina Hatcher. (skg) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
24

"Plaintiff-Intervenors' Sur-Reply to Defendant's Opposition to Motion to Intervene" 18 filed by Jeanette Driever, Rhonda Fleming, Charlsa Suzanne Little. (skg) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
25

ORIGINAL COMPLAINT filed by Jeanette Driever, Rhonda Fleming, Charlsa Suzanne Little. (skg) Modified text on 4/19/2017 (trt). (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

RECAP

***Clerk's Notice of delivery: (see NEF for details) Docket No:1. Fri Feb 3 15:56:50 CST 2017 (crt)

Feb. 3, 2017

Feb. 3, 2017

PACER
26

"Plaintiff-Intervenors' Sur-Reply to Plaintiff-States' Response to Motion for Preliminary Injunction" and "Motion for Live Hearing on the Pleadings" filed by Jeanette Driever, Rhonda Fleming, Charlsa Suzanne Little. (skg) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
27

(Document Restricted) Correspondence (skg) (Entered: 02/06/2017)

Feb. 6, 2017

Feb. 6, 2017

PACER
28

Correspondence to the Court filed by Rhonda Fleming. (skg) (Entered: 02/15/2017)

Feb. 15, 2017

Feb. 15, 2017

RECAP
30

FIRST AMENDED COMPLAINT against All Defendants filed by Rhonda Fleming, Jeanette Driever, Charlsa Suzanne Little. (skg) Modified text on 4/19/2017 (trt). (Entered: 02/15/2017)

Feb. 15, 2017

Feb. 15, 2017

RECAP
31

Correspondence to the Court filed by Rhonda Fleming. (skg) (Entered: 02/15/2017)

Feb. 15, 2017

Feb. 15, 2017

PACER

Order Receipt

Feb. 21, 2017

Feb. 21, 2017

PACER

***Clerk's Notice of delivery: (see NEF for details) Docket No:32. Tue Feb 21 14:08:14 CST 2017 (crt)

Feb. 21, 2017

Feb. 21, 2017

PACER
32

NOTICE OF DEFICIENCY AND ORDER: It is ORDERED that Plaintiffs shall cure the deficiencies as directed. Failure to comply with this order may result in dismissal of the case without further notice. Upon the curing of deficiencies by Plaintiffs, this case will be screened by the Court pursuant to 28 U.S.C. § 1915A and/or 28 U.S.C. § 1915(e)(2). (Ordered by Judge Reed C. O'Connor on 2/21/2017) (skg) (Entered: 02/21/2017)

Feb. 21, 2017

Feb. 21, 2017

PACER
37

MOTION for Plaintiff Charlsa Little to be Dismissed from the Case, filed by Charlsa Suzanne Little. (baa) (Entered: 02/24/2017)

Feb. 24, 2017

Feb. 24, 2017

PACER
39

Application to Proceed in forma pauperis with certificate of trust account, filed by Jeanette Driever. (baa) Modified on 3/3/2017 (skg). (Entered: 03/02/2017)

March 2, 2017

March 2, 2017

PACER
40

Application to Proceed in forma pauperis with certificate of trust account, filed by Charlsa Suzanne Little. (baa) Modified on 3/3/2017 (skg). (Entered: 03/02/2017)

March 2, 2017

March 2, 2017

PACER
41

Application to Proceed in forma pauperis with certificate of trust account, filed by Rhonda Fleming. (baa) Modified on 3/3/2017 (skg). (Entered: 03/02/2017)

March 2, 2017

March 2, 2017

PACER
42

Brief in Support re 41 MOTION for Leave to Proceed in forma pauperis with certificate of trust account, filed by Rhonda Fleming. (baa) (Main Document 42 replaced on 3/3/2017) (skg). (Additional attachment(s) added on 3/3/2017: # 1 Exhibit(s)) (skg). (Entered: 03/02/2017)

1 Exhibit(s)

View on PACER

March 2, 2017

March 2, 2017

PACER
43

"Plaintiff's Memorandum of Law with Supporting Declarations on the Unavailability of the Administrative Remedy Process & The Application of Ross v. Blake," in response to 32 filed by Rhonda Fleming, Jeanette Driever and Charlsa Little. (baa) Modified on 3/3/2017 (skg). (Main Document 43 replaced on 3/3/2017) (skg). (Additional attachment(s) added on 3/3/2017: # 1 Exhibit(s)) (skg). (Entered: 03/02/2017)

March 2, 2017

March 2, 2017

PACER
44

"Declaration Pursuant to 28 USC §1746," filed by Julie Hatcher. (baa) Modified on 3/3/2017 (skg). (Entered: 03/02/2017)

March 2, 2017

March 2, 2017

PACER
45

SECOND AMENDED COMPLAINT against All Defendants filed by Jeanette Driever, Charlsa Suzanne Little, Rhonda Fleming. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (baa) Modified text on 4/19/2017 (trt). (Entered: 03/02/2017)

March 2, 2017

March 2, 2017

PACER

Order Receipt

March 7, 2017

March 7, 2017

PACER

***Clerk's Notice of delivery: (see NEF for details) Docket No:46,47,48. Tue Mar 7 15:54:32 CST 2017 (crt)

March 7, 2017

March 7, 2017

PACER
46

FILING FEE ORDER as to Plaintiff Rhonda Fleming in amount of $33.00 with a balance of $317.00 remaining. Clerk to mail this order to the attention of the Inmate Trust Fund Department at the facility where the inmate resides. Plaintiff Rhonda Fleming's motion (ECF No. 41 ) for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 is GRANTED. (Ordered by Judge Reed C. O'Connor on 3/7/2017) (baa) . (Entered: 03/07/2017)

March 7, 2017

March 7, 2017

PACER
47

FILING FEE ORDER as to Plaintiff Charsla Little in amount of $60.00 with a balance of $290.00 remaining. Clerk to mail this order to the attention of the Inmate Trust Fund Department at the facility where the inmate resides. Plaintiff Charlsa Little's motion (ECF No. 40 ) for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 is GRANTED. (Ordered by Judge Reed C. O'Connor on 3/7/2017) (baa) (Entered: 03/07/2017)

March 7, 2017

March 7, 2017

PACER
48

FILING FEE ORDER as to Plaintiff Jeanette Driever in amount of $43.00 with a balance of $307.00 remaining. Clerk to mail this order to the attention of the Inmate Trust Fund Department at the facility where the inmate resides. Plaintiff Jeanette Driever's motion (ECF No. 39 ) for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 is GRANTED. (Ordered by Judge Reed C. O'Connor on 3/7/2017) (baa) (Entered: 03/07/2017)

March 7, 2017

March 7, 2017

PACER
49

NOTICE of Change of Address for Pro Se litigant Charlsa Suzanne Little. New address: FPC Bryan, Federal Prison Camp, P.O. Box 2149, Bryan, TX 77805. (baa) (Entered: 03/13/2017)

March 13, 2017

March 13, 2017

PACER
50

Request for Copy of docket sheet and Filing Fee Order 6 by Rhonda Fleming. (baa) (Entered: 03/14/2017)

March 14, 2017

March 14, 2017

PACER
51

Correspondence received from Rosario Divins. (baa) (Entered: 03/17/2017)

March 17, 2017

March 17, 2017

PACER
52

Correspondence received from Rosario Divins (trt) (Entered: 03/30/2017)

March 30, 2017

March 30, 2017

PACER
53

Correspondence received from Rosario Divins (baa) (Entered: 03/31/2017)

March 31, 2017

March 31, 2017

PACER
54

Correspondence received from Breanda Cole (baa) (Entered: 03/31/2017)

March 31, 2017

March 31, 2017

PACER
55

NOTICE of Attorney Appearance by James A Pikl on behalf of Rhonda Fleming, Charlsa Suzanne Little. (Filer confirms contact info in ECF is current.) (Pikl, James) (Entered: 04/07/2017)

April 7, 2017

April 7, 2017

RECAP

Order Receipt

April 19, 2017

April 19, 2017

PACER

***Clerk's Notice of delivery: (see NEF for details) Docket No:56. Wed Apr 19 13:46:09 CDT 2017 (crt)

April 19, 2017

April 19, 2017

PACER
56

ORDER: In order to proceed with this case in a timely manner, Counsel shall file a "Third Amended Complaint," if any, by May 19, 2017. All pending motions filed pro se by Plaintiffs prior to the Notice of Appearance of Counsel are DENIED without prejudice to refiling by Counsel. (Ordered by Judge Reed C. O'Connor on 4/19/2017) (baa) (Entered: 04/19/2017)

April 19, 2017

April 19, 2017

PACER
57

Correspondence received from Rosario Divins (baa) (Entered: 04/20/2017)

April 20, 2017

April 20, 2017

PACER
58

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-8370130) filed by Jeanette Driever, Rhonda Fleming Attorney Gary Stuart McCaleb added to party Jeanette Driever(pty:pla), Attorney Gary Stuart McCaleb added to party Rhonda Fleming(pty:pla) (McCaleb, Gary) (Entered: 04/25/2017)

April 25, 2017

April 25, 2017

PACER
59

THIRD AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by Jeanette Driever, Charlsa Suzanne Little, Rhonda Fleming, Brenda Rhames. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s) Exhibit A, # 2 Exhibit(s) Exhibit B, # 3 Exhibit(s) Exhibit C, # 4 Exhibit(s) Exhibit D, # 5 Exhibit(s) Exhibit E, # 6 Exhibit(s) Exhibit F, # 7 Exhibit(s) Exhibit G, # 8 Exhibit(s) Exhibit H, # 9 Exhibit(s) Exhibit I) (Pikl, James) Modified on 5/16/2017 (baa). (Entered: 05/12/2017)

1 Exhibit(s) Exhibit A

View on PACER

2 Exhibit(s) Exhibit B

View on PACER

3 Exhibit(s) Exhibit C

View on PACER

4 Exhibit(s) Exhibit D

View on PACER

5 Exhibit(s) Exhibit E

View on PACER

6 Exhibit(s) Exhibit F

View on PACER

7 Exhibit(s) Exhibit G

View on PACER

8 Exhibit(s) Exhibit H

View on PACER

9 Exhibit(s) Exhibit I

View on PACER

May 12, 2017

May 12, 2017

RECAP
60

Request for Clerk to issue Summons filed by Jeanette Driever, Rhonda Fleming, Charlsa Suzanne Little, Brenda Rhames. (Pikl, James) (Entered: 05/15/2017)

May 15, 2017

May 15, 2017

PACER
61

NOTICE OF DEFICIENCY AND ORDER: In order to proceed in this action, Brenda Rhames must either pay the entire $400.00 filing and administrative fees, or file a motion for leave to proceed in forma pauperis on the Courts application form along with a certified inmate trust account statement. Failure to comply with this order may lead to dismissal for failure to prosecute pursuant to FRCvP 41(b). Deadline to cure the deficiency is 6/5/2017. (Ordered by Judge Reed C. O'Connor on 5/15/2017) (baa) (Entered: 05/16/2017)

May 15, 2017

May 15, 2017

PACER
62

Correspondence to the Court filed by Rosario Divins. (baa) (Entered: 05/23/2017)

May 23, 2017

May 23, 2017

PACER
63

Correspondence to the Court regarding filing fees paid in full, filed by Rhonda Fleming. (baa) (Entered: 05/31/2017)

May 31, 2017

May 31, 2017

PACER
64

NOTICE of Full Payment of Filing Fees re: 46 Order For Partial Filing Fee, 48 Order For Partial Filing Fee, 47 Order For Partial Filing Fee, filed by Jeanette Driever, Rhonda Fleming, Charlsa Suzanne Little, Brenda Rhames (Attachments: # 1 Exhibit(s) 1) (McCaleb, Gary) (Entered: 05/31/2017)

May 31, 2017

May 31, 2017

PACER
65

ORDER granting 58 Application for Admission Pro Hac Vice of Gary Stuart McCaleb. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C. O'Connor on 6/1/2017) (plp) (Entered: 06/01/2017)

June 1, 2017

June 1, 2017

PACER
66

AMENDED FILING FEE ORDER: Plaintiff Rhonda Fleming has completed making payment of the filing fees required under the Prison Litigation Reform Act of 1995, 28 U.S.C. § 1915. Therefore, the agency having custody of Rhonda Fleming shall no longer deduct filing fee payments from her inmate trust account. The Clerk shall transmit a copy of this Order to the inmate accounting office or other person(s) or entity with responsibility for assessing, collecting and remitting to the Court the filing fee payments on behalf of inmates, as designated by the facility in which plaintiff is confined. (Ordered by Judge Reed C. O'Connor on 6/1/2017) (trt) (Entered: 06/01/2017)

June 1, 2017

June 1, 2017

PACER
67

AMENDED FILING FEE ORDER: Plaintiff Charlsa Suzanne Little has completed making payment of the filing fees required under the Prison Litigation Reform Act of 1995, 28 U.S.C. § 1915. Therefore, the agency having custody of Charlsa Suzanne Little shall no longer deduct filing fee payments for this action from her inmate trust account. The Clerk shall transmit a copy of this Order to the inmate accounting office or other person(s) or entity with responsibility for assessing, collecting and remitting to the Court the filing fee payments on behalf of inmates, as designated by the facility in which plaintiff is confined. (Ordered by Judge Reed C. O'Connor on 6/1/2017) (trt) (Entered: 06/01/2017)

June 1, 2017

June 1, 2017

PACER
68

AMENDED FILING FEE ORDER: Plaintiff Jeanette Driever has completed making payment of the filing fees required under the Prison Litigation Reform Act of 1995, 28 U.S.C. § 1915. Therefore, the agency having custody of Jeanette Driever shall no longer deduct filing fee payments for this action from her inmate trust account. The Clerk shall transmit a copy of this Order to the inmate accounting office or other person(s) or entity with responsibility for assessing, collecting and remitting to the Court the filing fee payments on behalf of inmates, as designated by the facility in which plaintiff is confined. (Ordered by Judge Reed C. O'Connor on 6/1/2017) (trt) (Entered: 06/01/2017)

June 1, 2017

June 1, 2017

PACER
69

ORDER: It is, therefore, ORDERED that the Clerk of Court shall prepare and serve a summons upon each named Defendant together with a copy of this order and a copy of Plaintiffs Third Amended Complaint. Such service shall be made by certified mail, return receipt requested, to the addresses that have been provided by Plaintiffs in their Third Amended Complaint (ECF No. 59). (Ordered by Judge Reed C. O'Connor on 6/1/2017) (trt) (Entered: 06/01/2017)

June 1, 2017

June 1, 2017

PACER
70

Summons issued as to Thomas R Kane, Steve Mora, Jefferson B Sessions, III, United States of America, Jody R. Upton, U.S. Attorney, and U.S. Attorney General. (trt) (Entered: 06/02/2017)

June 2, 2017

June 2, 2017

PACER
71

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-8451098) filed by Jeanette Driever, Rhonda Fleming, Charlsa Suzanne Little, Brenda Rhames Attorney Jeana Hallock added to party Jeanette Driever(pty:pla), Attorney Jeana Hallock added to party Rhonda Fleming(pty:pla), Attorney Jeana Hallock added to party Charlsa Suzanne Little(pty:pla), Attorney Jeana Hallock added to party Brenda Rhames(pty:pla) (Hallock, Jeana) (Entered: 06/02/2017)

June 2, 2017

June 2, 2017

PACER
72

ORDER granting 71 Application for Admission Pro Hac Vice of Jeana Hallock. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C. O'Connor on 6/5/2017) (baa) (Entered: 06/05/2017)

June 5, 2017

June 5, 2017

PACER
73

SUMMONS Returned Executed as to Jody R. Upton; served on 6/5/2017. (trt) (Entered: 06/08/2017)

June 8, 2017

June 8, 2017

PACER
74

SUMMONS Returned Executed as to Thomas R Kane ; served on 6/5/2017. (trt) (Entered: 06/09/2017)

June 9, 2017

June 9, 2017

PACER
75

SUMMONS Returned Executed from United States Attorney c/o Civil Process Clerk served on 6/5/2017. (trt) (Entered: 06/09/2017)

June 9, 2017

June 9, 2017

PACER
76

SUMMONS Returned Executed as to U. S. Attorney General; served on 6/9/2017. (trt) (Entered: 06/12/2017)

June 12, 2017

June 12, 2017

PACER
77

SUMMONS Returned Unexecuted as to Steve Mora. (Envelope marked: RETURN TO SENDER, Attempted - Not Known, Unable to Forward) (trt) (Entered: 06/12/2017)

June 12, 2017

June 12, 2017

PACER
78

ORDER REGARDING SERVICE OF SUMMONS: On June 1, 2017, the Court ordered the Clerk to issue service of process on Defendants by certified mail, return receipt requested. See ECF No. 69. The record reflects that service of process has been accomplished as to all Defendants except Steve Mora, Warden of the Bryan Federal Prison Camp in Bryan, Texas. On June 12, 2017, the summons and complaint sent to Steve Mora were returned to the Clerk of Court with service unexecuted. See ECF No. 77 at 2. It is, therefore, ORDERED that the Clerk of Court shall forward the summons, together with a copy of this order and a copy of Plaintiffs Third Amended Complaint, to the United States Marshal for service on Steve Mora at the address provided by Plaintiffs in their Third Amended Complaint (ECF No. 59). (Ordered by Judge Reed C. O'Connor on 6/15/2017) (trt) (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

PACER
79

MOTION for Injunction (Preliminary) filed by Jeanette Driever, Rhonda Fleming, Charlsa Suzanne Little, Brenda Rhames Attorney Gary Stuart McCaleb added to party Charlsa Suzanne Little(pty:pla), Attorney Gary Stuart McCaleb added to party Brenda Rhames(pty:pla) (McCaleb, Gary) (Entered: 06/26/2017)

June 26, 2017

June 26, 2017

PACER
80

Brief/Memorandum in Support filed by Jeanette Driever, Rhonda Fleming, Charlsa Suzanne Little, Brenda Rhames re 79 MOTION for Injunction (Preliminary) (McCaleb, Gary) (Entered: 06/26/2017)

June 26, 2017

June 26, 2017

PACER
81

Appendix in Support filed by Jeanette Driever, Rhonda Fleming, Charlsa Suzanne Little, Brenda Rhames re 80 Brief/Memorandum in Support of Motion, 79 MOTION for Injunction (Preliminary) (McCaleb, Gary) (Entered: 06/26/2017)

June 26, 2017

June 26, 2017

PACER
82

NOTICE of Attorney Appearance by Kenneth Elliot Sealls on behalf of United States of America. (Filer confirms contact info in ECF is current.) (Sealls, Kenneth) (Entered: 06/27/2017)

June 27, 2017

June 27, 2017

RECAP
83

ORDER: The Court requires that Defendants be provided with notice of the Motion for Preliminary Injunction (ECF No. 79 ) and that they be afforded an opportunity to respond. It is therefore ORDERED that Plaintiffs shall provide notice of the Motion for Preliminary Injunction to Defendants and to the Hon. John R. Parker, U.S. Attorney for the Northern District of Texas. Plaintiffs shall file a statement indicating the date of such notice. Defendants may file a Response to the Motion within 14 days of notice. (Ordered by Judge Reed C. O'Connor on 6/29/2017) (baa) (Entered: 06/29/2017)

June 29, 2017

June 29, 2017

PACER
84

NOTICE of Filing Plaintiffs' Motion for Preliminary Judgment re: 83 Order,, filed by Rhonda Fleming (Pikl, James) (Entered: 06/29/2017)

June 29, 2017

June 29, 2017

PACER
85

MOTION for Extension of Time to File Response/Reply to 79 MOTION for Injunction (Preliminary) filed by United States of America (Attachments: # 1 Proposed Order) (Sealls, Kenneth) (Entered: 07/06/2017)

July 6, 2017

July 6, 2017

PACER
86

RESPONSE filed by Jeanette Driever, Rhonda Fleming, Charlsa Suzanne Little, Brenda Rhames re: 85 MOTION for Extension of Time to File Response/Reply to 79 MOTION for Injunction (Preliminary) (Attachments: # 1 Proposed Order) (McCaleb, Gary) (Entered: 07/08/2017)

July 8, 2017

July 8, 2017

PACER
87

AMENDED DOCUMENT by Jeanette Driever, Rhonda Fleming, Charlsa Suzanne Little, Brenda Rhames. Amendment to 86 Response/Objection,. to Defendants' Motion for Extensions of Time. (Attachments: # 1 Proposed Order) (McCaleb, Gary) (Entered: 07/09/2017)

July 8, 2017

July 8, 2017

PACER
88

REPLY filed by United States of America re: 85 MOTION for Extension of Time to File Response/Reply to 79 MOTION for Injunction (Preliminary) (Sealls, Kenneth) (Entered: 07/10/2017)

July 10, 2017

July 10, 2017

RECAP
89

ORDER GRANTING EXTENSION OF TIME: Defendants' Motion for Extension of Time to Respond to Motion for Preliminary Injunction, and to Respond to Third Amended Complaint 85 . It is therefore ORDERED that Defendants shall file a response to Plaintiffs' Motion for Preliminary Injunction on or before August 12, 2017. It is further ORDERED that Defendants shall file an answer to Plaintiffs' Third Amended Complaint within 30 days after the Court rules on the Motion for Preliminary Injunction. (Ordered by Judge Reed C. O'Connor on 7/10/2017) (skg) (Entered: 07/10/2017)

July 10, 2017

July 10, 2017

PACER
90

MOTION Unopposed Motion for Leave To File Brief in Excess of Page Limit filed by United States of America with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Sealls, Kenneth) (Entered: 07/26/2017)

July 26, 2017

July 26, 2017

PACER
91

ORDER GRANTING MOTION FOR LEAVE TO FILE BRIEF IN EXCESS OF PAGE LIMIT: Pending before the Court is Defendants' Unopposed Motion for Leave to File Brief in Excess of Page Limit. See ECF No. 90 . Defendants ask the Court to allow an additional 15 pages for their brief in response to Plaintiffs' Motion for Preliminary Injunction, for a maximum of 40 pages in the brief. Upon consideration of the Motion and of the extraordinary and compelling reasons set forth in support of Defendants' request, it is ORDERED that: Defendants' Motion is GRANTED. Defendants may exceed the Local Civil Rule 7.2(c) 25-page limit by no more than 15 pages in their brief in response to Plaintiffs' Motion for Preliminary Injunction. (Ordered by Judge Reed C. O'Connor on 7/27/2017) (skg) (Entered: 07/27/2017)

July 27, 2017

July 27, 2017

PACER
92

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-8572408) filed by Jeanette Driever, Rhonda Fleming, Charlsa Suzanne Little, Brenda Rhames (Holcomb, Christiana) (Entered: 08/01/2017)

Aug. 1, 2017

Aug. 1, 2017

PACER
93

MOTION for Protective Order filed by United States of America with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s), # 2 Proposed Order) (Sealls, Kenneth) (Entered: 08/04/2017)

1 Exhibit(s)

View on PACER

2 Proposed Order

View on PACER

Aug. 4, 2017

Aug. 4, 2017

PACER
94

NOTICE of Attorney Appearance by Emily Brooke Nestler on behalf of Thomas R Kane, Steve Mora, Jefferson B Sessions, III, United States of America, Jody R. Upton. (Filer confirms contact info in ECF is current.) (Nestler, Emily) (Entered: 08/04/2017)

Aug. 4, 2017

Aug. 4, 2017

RECAP
95

ORDER granting 92 Application for Admission Pro Hac Vice of Christiana Michelle Holcomb. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C. O'Connor on 8/4/2017) (trt) (Entered: 08/04/2017)

Aug. 4, 2017

Aug. 4, 2017

PACER
96

RESPONSE filed by Jeanette Driever, Rhonda Fleming, Charlsa Suzanne Little, Brenda Rhames re: 93 MOTION for Protective Order (Pikl, James) (Entered: 08/07/2017)

Aug. 7, 2017

Aug. 7, 2017

PACER
97

Brief/Memorandum in Support filed by Jeanette Driever, Rhonda Fleming, Charlsa Suzanne Little, Brenda Rhames re 96 Response/Objection, 93 MOTION for Protective Order (Pikl, James) (Entered: 08/07/2017)

Aug. 7, 2017

Aug. 7, 2017

PACER
98

REPLY filed by United States of America re: 93 MOTION for Protective Order (Sealls, Kenneth) (Entered: 08/10/2017)

Aug. 10, 2017

Aug. 10, 2017

RECAP

Case Details

State / Territory: Texas

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Feb. 3, 2017

Closing Date: April 12, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Four cisgender women incarcerated in Texas represented by the Alliance Defending Freedom.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Department of Justice (Washington, DC), Federal

U.S. Bureau of Prisons (Washington, DC), Federal

Federal Medical Center, Carswell (Fort Worth , Tarrant), Federal

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Substantive Due Process

Free Exercise Clause

Petitions clause

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Assault/abuse by residents/inmates/students

Classification / placement

Conditions of confinement

Gay/lesbian/transgender

Religious programs / policies

Sanitation / living conditions

Sexual abuse by residents/inmates

Totality of conditions

Discrimination-basis:

Gender identity

Sex discrimination

Affected Gender:

Female

Type of Facility:

Government-run