Case: Russell v. Harris County, TX

4:19-cv-00226 | U.S. District Court for the Southern District of Texas

Filed Date: Jan. 21, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a preexisting class action addressing issues in Harris County Jail with indigent felony detainees who remain detained solely because they cannot pay the amount necessary for release on secured money bail. On March 27, 2020, the plaintiffs sought a temporary restraining order because they are in extreme danger of being exposed to COVID-19 while they are in jail only because they cannot pay enough to be released. The motion for a TRO was denied on April 14. On January 21…

COVID-19 Summary: This is a preexisting class action addressing issues in Harris County Jail with indigent felony detainees who remain detained solely because they cannot pay the amount necessary for release on secured money bail. On March 27, 2020, the plaintiffs sought a temporary restraining order because they are in extreme danger of being exposed to COVID-19 while they are in jail only because they cannot pay enough to be released. The motion for a TRO was denied on April 14.


On January 21, 2019, indigent pretrial detainees in Harris County Jail filed this lawsuit in the Southern District of Texas. The plaintiff sued Harris County under 42 U.S.C. § 1983 and 28 U.S.C. § 2201 et seq. The plaintiffs, represented by private counsel and the Civil Rights Corps sought declaratory and injunctive relief. The plaintiffs claimed that their 14th Amendment rights to Equal Protection and their substantive due process rights were being violated. Specifically, they alleged that the defendants were operating a system of wealth-based detention that kept them in jail simply because they could not afford to pay the bail amounts, without appropriate findings about the necessity of pretrial detention or the plaintiff's ability to pay.

The March 27, 2020 motion for a temporary restraining order discussed the plaintiff's concerns over COVID-19, namely the inability of the jail's limited services to care for the 8,000 individuals in the tight quarters of the jail if members of the population started getting sick. The plaintiffs argued that subjecting them to a heightened risk of contracting the virus, separating them from their families, interrupting medications and medical care, and taking them from their homes was not necessary to serve the government's interest in preventing flight or assuring public safety. They also argued that the pandemic had made it more difficult for them to receive constitutional protections, specifically because their court appearances were cancelled and visits with lawyers have been postponed. Ultimately, the plaintiffs sought an emergency order requiring the defendants to not to enforce existing pretrial detention orders, and asked for their request to be heard as quickly as possible to prevent further irreparable harm to the plaintiffs.

On March 29, 2020, the State of Texas, the Governor of Texas, and the Attorney General filed a motion to intervene to defend the bail procedures. They argued that the defendants in this case "do not contest" any of the plaintiffs' arguments." They noted that on March 27, the Court ordered the Attorney General--a non-party--"to respond to the plaintiffs motion" requesting a temporary restraining order. The noted that the Attorney General intended to respond, but asked that the Court grant the motion to intervene to allow full participation as a party.

The plaintiffs replied the next day. They did not oppose the intervention of the Texas Attorney General, but noted that "many of the factual claims and legal principles cited in the memorandum are not correct." Chief Judge Lee H. Rosenthal granted the State of Texas, Governor of Texas, and the Attorney General's motion to intervene.

The defendants and the Texas Attorney General responded to the plaintiffs' motion on April 1. That same day, the plaintiffs filed another motion for a temporary restraining order, this time against Governor Abbott's Executive Order GA 13. The executive order, issued in light of COVID-19, allowed pretrial detainees to be released if they paid bail regardless of any individualized proceedings or findings by a state court judge, but halted individualized determinations. The plaintiffs requested a temporary restraining order prohibiting enforcement of Executive Order GA 13 to the extent that it bars such individualized bail determinations.

On April 6, the state intervenors filed their response to the temporary restraining order regarding Executive Order GA 13. They argued that plaintiffs the plaintiffs did not have standing because they had not received an injury from the executive order, and that sovereign immunity barred the court from awarding relief against them as the State Intervenors.

On April 11, the plaintiffs notified the court that a Texas district court had issued a temporary restraining order that found Executive Order GA 13 to be unconstitutional under Texas law and enjoined Executive Order GA 13 from being enforced against judges.

On April 14, Judge Rosenthal denied the plaintiffs' motion for a temporary restraining order. The opinion stated that the plaintiffs were likely to show a likelihood of success on the merits of their claim, but that they had not met their burden of showing that their release would be in the public interest. Furthermore, the county had implemented plans to identify those who were deemed safe for release, which had resulted in 372 releases as of April 13. The opinion allowed the plaintiffs to restate their claims if the county's efforts failed, or to move for class certification and motion for a preliminary injunction as to their underlying case, which could prove their entitlement to relief on a fuller record.

On May 6, the plaintiffs filed their first amended complaint, which added two named plaintiffs as well as additional details regarding Governor Abbott's Executive Order GA-13. They also filed a motion to lift the stay on the case.

Judge Rosenthal granted the motion to lift the stay on May 16, as it was no longer opposed by the defendants.

On June 26 the plaintiffs filed a second amended complaint, adding additional facts to the complaint regarding several judges who had moved to intervene in the case.

On July 10, the state intervenor-defendants filed a motion to dismiss, arguing that the plaintiffs had received the constitutionally-required bail process and thus could not adequately plead their procedural due process or equal protection claims. The County defendants also filed a motion to dismiss on July 30. The plaintiffs responded to the state intervenors' motion on August 27.

The case is still ongoing.

Summary Authors

Caitlin Kierum (9/27/2020)

Related Cases

O'Donnell v. Harris County, Southern District of Texas (2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13585904/parties/russell-v-harris-county-texas/


Judge(s)

Rosenthal, Lee Hyman (Texas)

Attorneys(s) for Plaintiff

Brown, Liyah (Texas)

Cornelio, Natalia M (Texas)

Gervais, Michael (New York)

Grinstein, Joseph S. (Texas)

Hadaway, Elizabeth (Texas)

Harding, Meagan Taylor (Texas)

Karakatsanis, Alec (District of Columbia)

Manne, Neal S. (Texas)

Marziani, Mimi Murray Digby (Texas)

Judge(s)

Rosenthal, Lee Hyman (Texas)

Attorneys(s) for Plaintiff

Brown, Liyah (Texas)

Cornelio, Natalia M (Texas)

Gervais, Michael (New York)

Grinstein, Joseph S. (Texas)

Hadaway, Elizabeth (Texas)

Harding, Meagan Taylor (Texas)

Karakatsanis, Alec (District of Columbia)

Manne, Neal S. (Texas)

Marziani, Mimi Murray Digby (Texas)

Paxton, Ken (Texas)

Rossi, Elizabeth Anne (District of Columbia)

Steffensen, Peter B (Texas)

White, Lexie Giselle (Texas)

Attorneys(s) for Defendant

Corbello, Courtney Brooke (Texas)

Draper, Brandon Marc (Texas)

Fogler, Murray (Texas)

Fraser, Rachel (Texas)

Jimenez, Victoria Lynn (Texas)

Landon, Emily Marie (Texas)

Pena, Jonathan M (Texas)

Spinks, Melissa Lynn (Texas)

Wade, Landon Allen (Texas)

Other Attorney(s)

Albright, Thomas A. (Texas)

Bangert, Ryan L (Texas)

Biggs, Adam Arthur (Texas)

Bohuslav, Matthew (Texas)

Dickerson, Todd (Texas)

Diggs, Matthew (Washington)

Durfee, Scott Anthony (Texas)

Gdula, Kimberly Ann (Texas)

Hardin, Don Bradford Jr. (District of Columbia)

Hudson, Eric Alan (Texas)

Kase, Kathryn M. (Texas)

Liounakos, Anastasia (District of Columbia)

Mateer, Jeffrey C (Texas)

McCarty, Darren L. (Texas)

Merideth, Caroline Alyssa (Texas)

Molinare, Shanna Elizabeth (Texas)

Pennell, Kevin R (Texas)

Polland, Gary M (Texas)

Stafford, Dominique Gelene (Texas)

Van Fleet, G. Allan (Texas)

Expert/Monitor/Master

Abbott, Greg (Texas)

Documents in the Clearinghouse

Document

Docket [PACER]

Russell v. Harris County, Texas

Sept. 25, 2020 Docket
1

Complaint

Russell v. Harris County

Jan. 21, 2019 Complaint
32-7

Part 2 of Exhibit G of Motion and Memorandum in Support of Motion for Temporary Restraining Order and Preliminary Injunction

Russell v. Harris County

March 27, 2020 Pleading / Motion / Brief
32-7

Part 1/3 of Exhibit G of Motion and Memorandum in Support of Motion for Temporary Restraining Order and Preliminary Injunction

Russell v. Harris County

March 27, 2020 Pleading / Motion / Brief
32-7

Part 3/3 of Exhibit G of Motion and Memorandum in Support of Motion for Temporary Restraining Order and Preliminary Injunction

Russell v. Harris County

March 27, 2020 Pleading / Motion / Brief
32

Motion and Memorandum in Support of Motion for Temporary Restraining Order and Preliminary Injunction

Russell v. Harris County

March 27, 2020 Pleading / Motion / Brief
32-8 through 32-12

Exhibit H through Exhibit K of Motion and Memorandum in Support of Motion for Temporary Restraining Order and Preliminary Injunction

Russell v. Harris County

March 27, 2020 Pleading / Motion / Brief
32-1 through 32-6

Exhibits A through F of Motion and Memorandum in Support of Motion for Temporary Restraining Order and Preliminary Injunction

Russell v. Harris County

March 27, 2020 Pleading / Motion / Brief
38

Opposed Motion to Intervene by the State of Texas, Greg Abbott, Governor of Texas, and Ken Paxton, Attorney General of Texas and Memorandum in Support

Russell v. Harris County

March 29, 2020 Pleading / Motion / Brief
46

Order Granting Unopposed Motion to Intervene

Russell v. Harris County

March 30, 2020 Order/Opinion

Resources

Title Description External URL

Harris County, TX: Bail

Civil Rights Corps

Our challenge to the money bail system in Harris County is the seminal challenge to the assembly line wealth-based detention that pervades local American courts. <br /> <br />The case challenges the… March 27, 2020 http://www.civilrightscorps.org/work/case/harris-county-tx-bail

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13585904/russell-v-harris-county-texas/

Last updated May 12, 2022

ECF Number Description Date Link
1

COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541-21691765) filed by Dwight Russell, Joseph Ortuno, Pierson Johnnie. (Attachments: # 1 Exhibit Exhibit 1 - Dwight Russell Declaration, # 2 Exhibit Exhibit 2 - Johnnie Pierson Declaration, # 3 Exhibit Exhibit 3 - Joseph Ortuno Declaration, # 4 Exhibit Exhibit 4 - Felony Bail Schedule)(Manne, Neal) (Entered: 01/21/2019)

1 Exhibit Exhibit 1 - Dwight Russell Declaration

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2 Exhibit Exhibit 2 - Johnnie Pierson Declaration

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3 Exhibit Exhibit 3 - Joseph Ortuno Declaration

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4 Exhibit Exhibit 4 - Felony Bail Schedule

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Jan. 21, 2019 RECAP
2

MOTION to Certify Class by Pierson Johnnie, Joseph Ortuno, Dwight Russell, filed. Motion Docket Date 2/11/2019. (Attachments: # 1 Exhibit Exhibit 1 - Declaration of A Karakatsanis, # 2 Exhibit Exhibit 2 - Declaration of N Cornelio, # 3 Proposed Order)(Manne, Neal) (Entered: 01/21/2019)

1 Exhibit Exhibit 1 - Declaration of A Karakatsanis

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2 Exhibit Exhibit 2 - Declaration of N Cornelio

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3 Proposed Order

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Jan. 21, 2019 RECAP
3

ORDER Scheduling Rule 16 Conference With the Court and Setting Out the Requirements for Initial Pretrial Work. Initial Conference set for 4/12/2019 at 02:30 PM in Courtroom 11B before Chief Judge Lee H Rosenthal. (Signed by Chief Judge Lee H Rosenthal) (Attachments: # 1 Attachments) Parties notified.(JenniferOlsonadi, 4) (Entered: 01/22/2019)

1 Attachments

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Jan. 22, 2019 PACER
4

NOTICE of Appearance by Natalia M. Cornelio on behalf of Pierson Johnnie, Joseph Ortuno, Dwight Russell, filed. (Cornelio, Natalia) (Main Document 4 replaced on 1/22/2019) (leddins, 4). (Entered: 01/22/2019)

Jan. 22, 2019 RECAP
5

MOTION for Alex Karakatsanis to Appear Pro Hac Vice by Pierson Johnnie, Joseph Ortuno, Dwight Russell, filed. Motion Docket Date 2/13/2019. (Manne, Neal) (Entered: 01/23/2019)

Jan. 23, 2019 PACER
6

MOTION for Elizabeth Rossi to Appear Pro Hac Vice by Pierson Johnnie, Joseph Ortuno, Dwight Russell, filed. Motion Docket Date 2/13/2019. (Manne, Neal) (Entered: 01/23/2019)

Jan. 23, 2019 PACER
7

NOTICE of Appearance by Lexie G. White on behalf of Pierson Johnnie, Joseph Ortuno, Dwight Russell, filed. (White, Lexie) (Entered: 01/23/2019)

Jan. 23, 2019 PACER
8

NOTICE of Appearance by Joseph S. Grinstein on behalf of Pierson Johnnie, Joseph Ortuno, Dwight Russell, filed. (Grinstein, Joseph) (Entered: 01/23/2019)

Jan. 23, 2019 PACER
9

ORDER granting 5 Motion for Alec Karakatsanis to Appear Pro Hac Vice.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(gkelner, 4) (Entered: 01/25/2019)

Jan. 25, 2019 PACER
10

ORDER granting 6 Motion for Elizabeth Ann Rossi to Appear Pro Hac Vice.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(rguerrero, 4) (Entered: 01/28/2019)

Jan. 25, 2019 PACER
11

AMENDED 2 MOTION by Pierson Johnnie, Joseph Ortuno, Dwight Russell, filed. Motion Docket Date 2/19/2019. (Attachments: # 1 Exhibit Ex. 1 - Amended Declaration of A. Karakatsanis, # 2 Exhibit Ex. 2 - Declaration of N. Cornelio, # 3 Proposed Order Ex. 3 - Proposed Order)(Manne, Neal) (Entered: 01/28/2019)

1 Exhibit Ex. 1 - Amended Declaration of A. Karakatsanis

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2 Exhibit Ex. 2 - Declaration of N. Cornelio

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3 Proposed Order Ex. 3 - Proposed Order

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Jan. 28, 2019 PACER
12

AMENDED 6 MOTION by Pierson Johnnie, Joseph Ortuno, Dwight Russell, filed. Motion Docket Date 2/19/2019. (Manne, Neal) (Entered: 01/28/2019)

Jan. 28, 2019 PACER
13

Minute entry for proceedings before the Hon. Lee H. Rosenthal. Status conference held on February 1, 2019. The parties must submit a proposed order abating the case for 90 days by Monday, February 4, 2019. The court will schedule a status conference following the expiration of the abatement. Appearances: Neal S Manne.(Court Reporter: B. Slavin), filed.(leddins, 4) (Entered: 02/04/2019)

Feb. 1, 2019 PACER
14

Unopposed MOTION to Stay by Pierson Johnnie, Joseph Ortuno, Dwight Russell, filed. Motion Docket Date 2/25/2019. (Attachments: # 1 Proposed Order Proposed Order)(Manne, Neal) (Entered: 02/04/2019)

1 Proposed Order Proposed Order

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Feb. 4, 2019 PACER
15

ORDER entered GRANTING 14 Unopposed MOTION to Stay, STAYED flag set. The IPTC will be reset by separate notice. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4) (Entered: 02/05/2019)

Feb. 5, 2019 RECAP
16

NOTICE of Resetting. Parties notified. Initial Conference reset for 6/19/2019 at 10:30 AM in Courtroom 11B before Chief Judge Lee H Rosenthal, filed. (leddins, 4) (Entered: 02/05/2019)

Feb. 5, 2019 PACER
17

NOTICE of Appearance by Melissa L. Spinks on behalf of Harris County, Texas, filed. (Spinks, Melissa) (Entered: 02/06/2019)

Feb. 6, 2019 PACER
18

NOTICE of Appearance by Victoria Jimenez & Murray Fogler on behalf of Sheriff Ed Gonzalez, filed. (Jimenez, Victoria) (Entered: 02/06/2019)

Feb. 6, 2019 PACER
19

NOTICE of Appearance by Elizabeth B. Hadaway on behalf of Pierson Johnnie, Joseph Ortuno, Dwight Russell, filed. (Hadaway, Elizabeth) (Entered: 02/08/2019)

Feb. 8, 2019 PACER
20

NOTICE of Appearance by Meagan Harding on behalf of Pierson Johnnie, Joseph Ortuno, Dwight Russell, filed. (Harding, Meagan) (Entered: 05/02/2019)

May 2, 2019 RECAP
21

Unopposed MOTION for Natalia Cornelio to Withdraw as Attorney by Pierson Johnnie, Joseph Ortuno, Dwight Russell, filed. Motion Docket Date 5/28/2019. (Attachments: # 1 Proposed Order)(Cornelio, Natalia) (Entered: 05/06/2019)

1 Proposed Order

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May 6, 2019 RECAP
22

MOTION for Mimi Marziani to Appear Pro Hac Vice by Pierson Johnnie, Joseph Ortuno, Dwight Russell, filed. Motion Docket Date 5/28/2019. (lcorbett, 7) (Entered: 05/08/2019)

May 6, 2019 RECAP
23

ORDER granting 22 Motion for Mimi Marziami to Appear Pro Hac Vice.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(kpicota, 4) (Entered: 05/08/2019)

May 8, 2019 RECAP
24

Joint MOTION to Stay Proceedings for 60 Days by Pierson Johnnie, Joseph Ortuno, Dwight Russell, filed. Motion Docket Date 5/30/2019. (Attachments: # 1 Proposed Order)(Rossi, Elizabeth) (Entered: 05/09/2019)

1 Proposed Order

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May 9, 2019 RECAP
25

ORDER granting 21 Unopposed MOTION for Natalia Cornelio to Withdraw as Attorney. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(gclair, 4) (Entered: 05/10/2019)

May 10, 2019 RECAP
26

ORDER Granting 24 Joint MOTION to Stay Proceedings for 60 Days ( Status Conference set for 7/10/2019 at 08:30 AM in Courtroom 11B before Chief Judge Lee H Rosenthal), (Signed by Chief Judge Lee H Rosenthal) Parties notified.(jguajardo, 4) (Entered: 05/10/2019)

May 10, 2019 RECAP

Terminate Deadlines

May 31, 2019 PACER

***Deadlines terminated. The IPTC set for 6/19 is canceled based on the status conference set for 7/10/19 when the case was stayed. (leddins, 4)

May 31, 2019 PACER
27

NOTICE of Resetting. Parties notified. Status Conference reset for 7/24/2019 at 10:00 AM in Courtroom 11B before Chief Judge Lee H Rosenthal, filed. (leddins, 4) (Entered: 06/12/2019)

June 12, 2019 PACER
28

NOTICE of Resetting. Parties notified. Status Conference reset for 7/25/2019 at 11:00 AM in Courtroom 11B before Chief Judge Lee H Rosenthal, filed. (leddins, 4) (Entered: 07/22/2019)

July 22, 2019 RECAP
29

Minute entry for proceedings before the Hon. Lee H. Rosenthal. Status conference held on July 25, 2019. The parties informed the court as to the status. Appearances: Elizabeth Rossi/Meagan Harding/Neal Manne for Pltfs. and Victoria Jimenez/ Melissa Spinks for Defts.(Court Reporter: N. Forrest), filed.(leddins, 4) (Entered: 07/25/2019)

July 25, 2019 PACER

Status Conference

July 25, 2019 PACER
30

NOTICE of Change of Address by Civil Rights Corps, counsel for Pierson Johnnie, Joseph Ortuno, Dwight Russell, filed. (Rossi, Elizabeth) (Entered: 10/08/2019)

Oct. 8, 2019 RECAP
31

NOTICE Joint Notice of Status of Settlement Negotiations by Pierson Johnnie, Joseph Ortuno, Dwight Russell, filed. (Rossi, Elizabeth) (Entered: 01/10/2020)

Jan. 10, 2020 RECAP
32

MOTION for Temporary Restraining Order by Pierson Johnnie, Joseph Ortuno, Dwight Russell, filed. Motion Docket Date 4/17/2020. (Attachments: # 1 Exhibit A - Letters from Prominent Local Physicians & Letter from CEO of Harris Health, Dr. Esmaeil Porsa, # 2 Exhibit B - Expert Declaration of Dr. Elizabeth Chiao, # 3 Exhibit C - Expert Declaration of Dr. Jaimie Meyer, # 4 Exhibit D - Declaration of Sarah V. Wood, # 5 Exhibit E - Felony Bail Schedule, # 6 Exhibit F - March 20, 2020 General Order of Felony Judges, # 7 Exhibit G - State Commission on Judicial Conduct Documents Part 1, # 8 Exhibit H - State Commission on Judicial Conduct Documents Part 2, # 9 Exhibit I - Felony Court Docket Schedule, # 10 Exhibit J - Court Operations Emergency Order, # 11 Exhibit K - Felony Pretrial Detention Reports, # 12 Proposed Order)(Rossi, Elizabeth) (Entered: 03/27/2020)

1 Exhibit A - Letters from Prominent Local Physicians & Letter from CEO of Harris

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2 Exhibit B - Expert Declaration of Dr. Elizabeth Chiao

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3 Exhibit C - Expert Declaration of Dr. Jaimie Meyer

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4 Exhibit D - Declaration of Sarah V. Wood

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5 Exhibit E - Felony Bail Schedule

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6 Exhibit F - March 20, 2020 General Order of Felony Judges

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7 Exhibit G - State Commission on Judicial Conduct Documents Part 1

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8 Exhibit H - State Commission on Judicial Conduct Documents Part 2

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9 Exhibit I - Felony Court Docket Schedule

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10 Exhibit J - Court Operations Emergency Order

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11 Exhibit K - Felony Pretrial Detention Reports

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12 Proposed Order

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March 27, 2020 RECAP
33

MOTION for Michael Gervais to Appear Pro Hac Vice by Pierson Johnnie, Joseph Ortuno, Dwight Russell, filed. Motion Docket Date 4/17/2020. (Gervais, Michael) (Entered: 03/27/2020)

March 27, 2020 PACER
34

ORDER entered: The Court orders the defendants and the Texas Attorney General to respond to the plaintiffs' motion for a temporary restraining order by 4/1/2020. A Hearing is set for 4/3/2020 at 09:00 AM by videoconferencing before Chief Judge Lee H Rosenthal.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4) (Entered: 03/27/2020)

March 27, 2020 RECAP
35

ORDER granting 33 Motion for Michael Gervais to Appear Pro Hac Vice.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(ShoshanaArnow, 4) (Entered: 03/27/2020)

March 27, 2020 PACER
36

MOTION for Liyah Brown to Appear Pro Hac Vice by Pierson Johnnie, Joseph Ortuno, Dwight Russell, filed. Motion Docket Date 4/17/2020. (Marziani, Mimi) (Entered: 03/27/2020)

March 27, 2020 RECAP
37

AGREED Minute Entry ORDER: entered: for proceedings held before Chief Judge Lee H Rosenthal. TELEPHONE CONFERENCE held on 3/27/2020. Telephone Conference set for 3/30/2020 at 04:00 PM by telephone before Chief Judge Lee H Rosenthal Appearances: Victoria Jimenez, Melissa Spinks, Michael Gervais, Joseph Grinstein, Alec Karakatsanis, Elizabeth Rossi, Neal Manne, Murray Fogler and Adam Biggs., filed.(leddins, 4) (Entered: 03/29/2020)

March 27, 2020 PACER
38

MOTION to Intervene by Ken Paxton, Attorney General of the State of Texas in his Official Capacity, Only, filed. Motion Docket Date 4/20/2020. (Attachments: # 1 Exhibit Memorandum in Support, # 2 Exhibit Notice of Opposition, # 3 Exhibit Proposed Order)(Biggs, Adam) (Entered: 03/29/2020)

1 Exhibit Memorandum in Support

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2 Exhibit Notice of Opposition

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3 Exhibit Proposed Order

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March 29, 2020 RECAP
39

ADVISORY by Ken Paxton, Attorney General of the State of Texas in his Official Capacity, Only, filed. (Attachments: # 1 Exhibit EO GA-13)(Biggs, Adam) (Entered: 03/29/2020)

1 Exhibit EO GA-13

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March 29, 2020 RECAP
40

Minute entry for proceedings before the Hon. Lee H. Rosenthal. Teleconference held on March 29, 2020. The parties' responses to the Texas Attorney General's motion to intervene are due on March 30, 2020, at 5:00 p.m. The March 30 teleconference is reset to March 31, 2020, at 4:00 p.m. The parties agreed that Harris County District Attorney Kim Ogg should be added to the list of interested nonparties in the case. The plaintiffs agreed to give a copy of their future filings to the Texas Attorney General's counsel and to file any document containing arrestees' personal information under seal. Counsel for the defendants will inform the court and parties of the status of the release of all arrestees affected by Judge Herb Ritchie's March 20, 2020, General Order Bond Order. The parties and the court discussed limiting the relief sought such that all parties could agree. The parties and the court also discussed the possibility of resolving the immediate issues expeditiously and within state and local authority by forming a consensual plan to reduce the Jail population in response to and during the national emergency in a way that protects the public health and safety of those in the Jail, those in contact with them, and the community at large. The court delayed the previously-scheduled March 30 teleconference to give the parties time to investigate that possibility. Appearances: Neal Manne, Joseph Grinstein, Alec Karakatsanis, Elizabeth Rossi, Adam Biggs, Victoria Jimenez, Melissa Spinks, Darren McCarty, Murray Fogler, Rodney Ellis, Joseph Hughes, Liyah Brown, Kathryn Kase.(Court Reporter: G. Dye), filed.(leddins, 4) Modified on 3/30/2020 (leddins, 4). Modified on 4/3/2020 (leddins, 4). (Entered: 03/29/2020)

March 29, 2020 PACER
41

ORDER granting 36 Motion for Liyah Brown to Appear Pro Hac Vice for Pierson Johnnie, Joseph Ortuno, Dwight Russell. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(sanderson, 4) (Entered: 03/30/2020)

March 30, 2020 PACER

Telephone Conference

March 30, 2020 PACER
42

AO 435 TRANSCRIPT REQUEST by Plaintiffs/Alexandra White for Transcript of TRO Hearing, 3/29/2020, Judge Lee H. Rosenthal. 3-Day turnaround requested. Court Reporter/Transcriber: Gayle Dye, filed. (White, Lexie) (Entered: 03/30/2020)

March 30, 2020 PACER
43

AO 435 TRANSCRIPT REQUEST by Adam Arthur Biggs for Transcript of hearing on Plaintiff's for Motion for Temporary Restraining Order on March 29, 2020 before Hon. Lee H. Rosenthal. 3-Day turnaround requested. Court Reporter/Transcriber: Exceptional Reporting Services, filed. (Biggs, Adam) (Entered: 03/30/2020)

March 30, 2020 PACER
44

SUPPLEMENT to 32 MOTION for Temporary Restraining Order by Pierson Johnnie, Joseph Ortuno, Dwight Russell, filed.(Rossi, Elizabeth) (Entered: 03/30/2020)

March 30, 2020 RECAP
45

RESPONSE to 38 MOTION to Intervene filed by Pierson Johnnie, Joseph Ortuno, Dwight Russell. (Rossi, Elizabeth) (Entered: 03/30/2020)

March 30, 2020 RECAP
46

ORDER entered GRANTING 38 MOTION to Intervene. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4) (Entered: 03/30/2020)

March 30, 2020 RECAP
47

NOTICE of Filing of Exhibit re: 32 MOTION for Temporary Restraining Order by Pierson Johnnie, Joseph Ortuno, Dwight Russell, filed. (Attachments: # 1 Exhibit A - Letter from People Detained in the Harris County Jail, # 2 Exhibit B - Declaration of Caitlin Halpern)(Rossi, Elizabeth) (Entered: 03/31/2020)

1 Exhibit A - Letter from People Detained in the Harris County Jail

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2 Exhibit B - Declaration of Caitlin Halpern

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March 31, 2020 PACER
48

NOTICE of Appearance by Murray Fogler on behalf of Sheriff Ed Gonzalez, filed. (Fogler, Murray) (Entered: 03/31/2020)

March 31, 2020 PACER
49

TRANSCRIPT re: Teleconference Hearing held on March 29, 2020, before Chief Judge Lee H Rosenthal. Court Reporter/Transcriber Dye. Ordering Party Adam Biggs Release of Transcript Restriction set for 6/29/2020., filed. (gdye, ) (Entered: 03/31/2020)

March 31, 2020 PACER
57

Minute entry for proceedings before the Hon. Lee H. Rosenthal. Teleconference held on March 31, 2020. Counsel for Harris County Judge Lina Hidalgo informed the court that Judge Hidalgo is planning to order the release of pretrial felony arrestees who have been detained for nonviolent offenses and have no history of violent offenses, among other conditions. The court heard from the parties on their opinions on the potential order and on potential relief from this court. The court urged stakeholders that if they plan to object to any proposed releases under Judge Hidalgo's order, they do so by April 3, 2020. The State-Intervenors informed the court that they would be filing a response to the motion for a temporary restraining order on April 1, 2020. The court waived any obligation for a response to that filing, and schedules the next teleconference for April 3, 2020, at 11 A.M. C.D.T. Appearances: Michael Gervais, Liyah Brown, Joseph Grinstein, Alec Karakatsanis, Elizabeth Rossi, Neal Manne, Scott Durfee, Adam Biggs, Murray Fogler, Victoria Jimenez, Melissa Spinks, Kevin Markowski, Darren McCarty, Kathryn Kase. (Court Reporter: K.Miller), filed.(leddins, 4) Modified on 4/3/2020 (leddins, 4). (Entered: 04/02/2020)

March 31, 2020 PACER
50

Notice of Filing of Official Transcript as to 49 Transcript. Party notified, filed. (jdav, 4) (Entered: 04/01/2020)

April 1, 2020 PACER
51

AO 435 TRANSCRIPT REQUEST by Plaintiffs/Alexandra White for Transcript of Hearing, 03/31/2020, Lee H. Rosenthal. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Kathleen Miller, filed. (White, Lexie) (Entered: 04/01/2020)

April 1, 2020 PACER
52

AO 435 TRANSCRIPT REQUEST by Intervenor/Adam Arthur Biggs for Transcript of Hearing, 03/31/2020, Judge Lee H. Rosenthal. 3-Day turnaround requested. Court Reporter/Transcriber: Kathleen Miller, filed. (Biggs, Adam) (Entered: 04/01/2020)

April 1, 2020 PACER
53

MOTION for Temporary Restraining Order by Pierson Johnnie, Joseph Ortuno, Dwight Russell, filed. Motion Docket Date 4/22/2020. (Attachments: # 1 Exhibit A - Executive Order GA 13, # 2 Exhibit B - Tennessee Order, # 3 Exhibit C - South Carolina Order, # 4 Exhibit D - Michigan Order, # 5 Proposed Order)(Rossi, Elizabeth) (Entered: 04/01/2020)

1 Exhibit A - Executive Order GA 13

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2 Exhibit B - Tennessee Order

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3 Exhibit C - South Carolina Order

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4 Exhibit D - Michigan Order

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5 Proposed Order

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April 1, 2020 RECAP
54

RESPONSE in Opposition to 32 MOTION for Temporary Restraining Order, filed by Ken Paxton, Attorney General of the State of Texas in his Official Capacity, Only, Gregg Abbott, State Of Texas. (Attachments: # 1 Exhibit List, # 2 Exhibit 1 - Declaration of Houston Chief of Police Art Acevedo, # 3 Exhibit 2 - Declaration of Allen Police Chief Brian Harvey, # 4 Exhibit 3 - Declaration of Arlington Police Chief Will Johnson, # 5 Exhibit 4 - Declaration of Police Chief Derick Miller, # 6 Exhibit 5 - Declaration of Deer Park Chief of Police Gregg Grigg, # 7 Exhibit 6 - Declaration of Frisco Police Chief David Shilson, # 8 Exhibit 7 - Declaration of Fort Worth Police Chief Edwin Kraus, # 9 Exhibit 8 - March 31, 2020 Letter from Garland Police Department, # 10 Exhibit 9 - Declaration of Daniel Scesny, # 11 Exhibit 10 - Declaration of Irving Police Chief Jeff Spivey, # 12 Exhibit 11 - Declaration of Lewisville Police Chief Kevin Deaver, # 13 Exhibit 12 - Declaration of Pearland Police Chief Johnny Spires, # 14 Exhibit 13 - Declaration of Plano Police Chief Ed Drain, # 15 Exhibit 14 - Declaration of Gregory W. Rushin, # 16 Exhibit 15 - Declaration of David Maxwell, # 17 Exhibit 16 - Declaration of Director of Department of Public Safety Steven McCraw, # 18 Exhibit 17 - March 31, 2020 Letter from Texas Police Chiefs Association, # 19 Exhibit 18 - Declaration of Bob Bushman, # 20 Exhibit 19 - Declaration of Andy Kahan, # 21 Exhibit 20 - Resolution - Major County Sheriffs of America, # 22 Proposed Order)(Biggs, Adam) (Entered: 04/01/2020)

1 Exhibit List

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2 Exhibit 1 - Declaration of Houston Chief of Police Art Acevedo

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3 Exhibit 2 - Declaration of Allen Police Chief Brian Harvey

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4 Exhibit 3 - Declaration of Arlington Police Chief Will Johnson

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5 Exhibit 4 - Declaration of Police Chief Derick Miller

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6 Exhibit 5 - Declaration of Deer Park Chief of Police Gregg Grigg

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7 Exhibit 6 - Declaration of Frisco Police Chief David Shilson

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8 Exhibit 7 - Declaration of Fort Worth Police Chief Edwin Kraus

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9 Exhibit 8 - March 31, 2020 Letter from Garland Police Department

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10 Exhibit 9 - Declaration of Daniel Scesny

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11 Exhibit 10 - Declaration of Irving Police Chief Jeff Spivey

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12 Exhibit 11 - Declaration of Lewisville Police Chief Kevin Deaver

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13 Exhibit 12 - Declaration of Pearland Police Chief Johnny Spires

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14 Exhibit 13 - Declaration of Plano Police Chief Ed Drain

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15 Exhibit 14 - Declaration of Gregory W. Rushin

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16 Exhibit 15 - Declaration of David Maxwell

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17 Exhibit 16 - Declaration of Director of Department of Public Safety Steven McCra

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18 Exhibit 17 - March 31, 2020 Letter from Texas Police Chiefs Association

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19 Exhibit 18 - Declaration of Bob Bushman

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20 Exhibit 19 - Declaration of Andy Kahan

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21 Exhibit 20 - Resolution - Major County Sheriffs of America

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22 Proposed Order

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April 1, 2020 RECAP
55

Unopposed MOTION for Leave to File Excess Pages by Gregg Abbott, Ken Paxton, Attorney General of the State of Texas in his Official Capacity, Only, State Of Texas, filed. Motion Docket Date 4/22/2020. (Attachments: # 1 Proposed Order)(Biggs, Adam) (Entered: 04/01/2020)

1 Proposed Order

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April 1, 2020 PACER
56

Additional EXHIBITS re: 54 Response in Opposition to Motion,,,,,, by Gregg Abbott, Ken Paxton, Attorney General of the State of Texas in his Official Capacity, Only, State Of Texas, filed.(Biggs, Adam) (Entered: 04/01/2020)

April 1, 2020 PACER
58

TRANSCRIPT re: Telephonic Hearing held on March 31, 2020 before Chief Judge Lee H Rosenthal. Court Reporter/Transcriber Kathleen Miller. Ordering Party Adam Biggs Release of Transcript Restriction set for 7/1/2020., filed. (kmiller, ) (Entered: 04/02/2020)

April 2, 2020 PACER

Telephone Conference

April 2, 2020 PACER
59

Notice of Filing of Official Transcript as to 58 Transcript. Party notified, filed. (JenniferOlson, 4) (Entered: 04/03/2020)

April 3, 2020 PACER
60

AO 435 TRANSCRIPT REQUEST by Plaintiffs/Alexandra White for Transcript of Hearing, 4/3/20, Lee H. Rosenthal. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Kathleen Miller, filed. (White, Lexie) (Entered: 04/03/2020)

April 3, 2020 PACER
61

ADVISORY by Ken Paxton, Attorney General of the State of Texas in his Official Capacity, Only, filed.(Biggs, Adam) (Entered: 04/03/2020)

April 3, 2020 RECAP
83

Minute entry for proceedings before the Hon. Lee H. Rosenthal. Teleconference held on April 3, 2020. The court heard argument on the plaintiffs' April 1, 2020, temporary restraining order motion, (Docket Entry No. 53), and received a status update on the implementation of Harris County Judge Lina Hidalgo's April 1 Order on releasing certain jail detainees. The court also heard argument on the nature of the individualized bail hearing process for felony arrestees. The parties and the Harris County District Attorney will submit the filings discussed on the record by April 6, 2020, at 9:00 a.m. Appearances: Adam Biggs, Murray Fogler, Victoria Jimenez, Melissa Spinks, Michael Gervais, Liyah Brown, Joseph Grinstein, Alec Karakatsanis, Elizabeth Rossi, Meagan Harding, Neal Manne, Scott Durfee, Kathryn Kase, Joanne Musick.(Court Reporter: K. Miller), filed.(leddins, 4) (Entered: 04/08/2020)

April 3, 2020 PACER

Set/Reset Hearings & Other Court Settings

April 5, 2020 PACER

***Set/Reset Hearings: Telephone Conference set for 4/7/2020 at 11:00 AM by telephone before Chief Judge Lee H Rosenthal (leddins, 4)

April 5, 2020 PACER
62

ADVISORY by Ken Paxton, Attorney General of the State of Texas in his Official Capacity, Only, filed.(Biggs, Adam) (Entered: 04/06/2020)

April 6, 2020 PACER

Advisory

April 6, 2020 PACER
63

ADVISORY by Kim Ogg, filed.(Durfee, Scott) Modified on 4/6/2020 (leddins, 4). The Advisory was corrected at DE 64. (Entered: 04/06/2020)

April 6, 2020 PACER
64

AMENDED ADVISORY by Kim Ogg, filed.(Durfee, Scott) Modified on 4/6/2020 (leddins, 4). (Entered: 04/06/2020)

April 6, 2020 PACER
65

STATEMENT by Sheriff Ed Gonzalez, filed.(Fogler, Murray) (Entered: 04/06/2020)

April 6, 2020 RECAP
66

STATEMENT of Plaintiffs re: 32 MOTION for Temporary Restraining Order, 53 MOTION for Temporary Restraining Order by Pierson Johnnie, Joseph Ortuno, Dwight Russell, filed. (Attachments: # 1 Exhibit A - Hidalgo April 1 Order, # 2 Exhibit B - Ritchie April 3 Order to Sheriff, # 3 Exhibit C - Ritchie April 2 First Amended General Order Bond for Certain Offenses, # 4 Exhibit D - Judge Susan Brown email re EO GA 13, # 5 Exhibit E - Declaration of Chief Public Defender Alex Bunin, # 6 Exhibit F - Declaration of Cole Lautermilch)(Rossi, Elizabeth) (Entered: 04/06/2020)

1 Exhibit A - Hidalgo April 1 Order

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2 Exhibit B - Ritchie April 3 Order to Sheriff

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3 Exhibit C - Ritchie April 2 First Amended General Order Bond for Certain Offense

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4 Exhibit D - Judge Susan Brown email re EO GA 13

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5 Exhibit E - Declaration of Chief Public Defender Alex Bunin

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6 Exhibit F - Declaration of Cole Lautermilch

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April 6, 2020 PACER
67

RESPONSE in Opposition to 53 MOTION for Temporary Restraining Order, filed by Gregg Abbott, Ken Paxton, Attorney General of the State of Texas in his Official Capacity, Only, State Of Texas. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Proposed Order)(Biggs, Adam) (Entered: 04/06/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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14 Exhibit 14

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15 Exhibit 15

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16 Exhibit 16

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17 Exhibit 17

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18 Exhibit 18

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19 Exhibit 19

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20 Exhibit 20

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21 Exhibit 21

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22 Exhibit 22

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23 Exhibit 23

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24 Proposed Order

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April 6, 2020 RECAP
68

Unopposed MOTION for Leave to File Excess Pages by Gregg Abbott, Ken Paxton, Attorney General of the State of Texas in his Official Capacity, Only, State Of Texas, filed. Motion Docket Date 4/27/2020. (Attachments: # 1 Proposed Order)(Biggs, Adam) (Entered: 04/06/2020)

1 Proposed Order

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April 6, 2020 PACER
69

ORDER entered requesting additional briefing from the parties. Advisories must be filed by April 7, 2020 at 9:00 am CDT. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4) (Entered: 04/06/2020)

April 6, 2020 PACER
70

AO 435 TRANSCRIPT REQUEST by State Intervenors/Adam Arthur Biggs for Transcript of Hearing, 4/3/20, Hon. Lee H. Rosenthal. 3-Day turnaround requested. Court Reporter/Transcriber: Kathleen Miller, filed. (Biggs, Adam) (Entered: 04/06/2020)

April 6, 2020 PACER
71

NOTICE of Resetting. Parties notified. Telephone Conference reset for 4/7/2020 at 03:30 PM by telephone before Chief Judge Lee H Rosenthal, filed. NOTE: The change is to TIME only. (leddins, 4) (Entered: 04/06/2020)

April 6, 2020 PACER
72

ADVISORY by Kim Ogg, filed.(Durfee, Scott) (Entered: 04/07/2020)

April 7, 2020 PACER
73

ADVISORY by Gregg Abbott, Ken Paxton, Attorney General of the State of Texas in his Official Capacity, Only, State Of Texas, filed.(Biggs, Adam) (Entered: 04/07/2020)

April 7, 2020 PACER
74

ADVISORY by Pierson Johnnie, Joseph Ortuno, Dwight Russell, filed. (Attachments: # 1 Exhibit A - Second Declaration of Alex Bunin)(Rossi, Elizabeth) (Entered: 04/07/2020)

1 Exhibit A - Second Declaration of Alex Bunin

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April 7, 2020 PACER
75

PROPOSED ORDER re: 32 MOTION for Temporary Restraining Order, 53 MOTION for Temporary Restraining Order, filed. (Attachments: # 1 Proposed Order)(Rossi, Elizabeth) (Entered: 04/07/2020)

1 Proposed Order

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April 7, 2020 PACER
76

NOTICE of Filing of Supplement to Second Declaration of Alex Bunin (Dkt. 74-1) re: 74 Advisory by Pierson Johnnie, Joseph Ortuno, Dwight Russell, filed. (Attachments: # 1 Exhibit A - Supplement to Second Declaration of Alex Bunin (Dkt. 74-1))(Rossi, Elizabeth) (Entered: 04/07/2020)

1 Exhibit A - Supplement to Second Declaration of Alex Bunin (Dkt. 74-1)

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April 7, 2020 PACER
77

TRANSCRIPT re: Telephonic Hearing held on April 3, 2020 before Chief Judge Lee H Rosenthal. Court Reporter/Transcriber Kathleen Miller. Ordering Party Adam Biggs Release of Transcript Restriction set for 7/6/2020., filed. (kmiller, ) (Entered: 04/07/2020)

April 7, 2020 PACER
78

MOTION for Leave to File Amicus Curiae Brief by Paul Bettencourt, Sam Harless, Dan Huberty, Briscoe Cain, Dennis Paul, Tom Oliverson, James Murphy, Dwayne Bohac, Valoree Swanson, filed. Motion Docket Date 4/28/2020. (Polland, Gary) (Entered: 04/07/2020)

April 7, 2020 RECAP
79

Hearing EXHIBITS re: 32 MOTION for Temporary Restraining Order, 53 MOTION for Temporary Restraining Order by Pierson Johnnie, Joseph Ortuno, Dwight Russell, filed. (Attachments: # 1 Exhibit 1 - Declaration of Giovanni Arias)(Rossi, Elizabeth) (Entered: 04/07/2020)

1 Exhibit 1 - Declaration of Giovanni Arias

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April 7, 2020 PACER
85

Minute entry for proceedings before the Hon. Lee H. Rosenthal. Teleconference held on April 7, 2020. The court heard argument on the plaintiffs' April 1 and April 7 proposed temporary restraining orders, (Docket Entry Nos. 53, 75), and the nature of the individualized bail hearing process for felony arrestees. The court also received a status update on detainee releases under Administrative Judge Herb Ritchie's Orders, the implementation of the Governor's Executive Order GA-13, and the state of COVID-19 at the Harris County Jail. The parties and the Harris County District Attorney will submit the filings discussed on the record by April 8, 2020, at 9:00 a.m. or 12:00 p.m., depending on the filing. Appearances: Adam Biggs, Murray Fogler, Victoria Jimenez, Melissa Spinks, Michael Gervais, Joseph Grinstein, Alec Karakatsanis, Elizabeth Rossi, Meagan Harding, Neal Manne, Scott Durfee, Phillip Lionberger, Joseph Hughes, Todd Dickerson, Kathryn Kase, Joanne Musick, Alex Bunin.(Court Reporter: K. Miller), filed.(leddins, 4) (Entered: 04/08/2020)

April 7, 2020 PACER
118

LETTER RECEIVED REGARDING COVID-19 CONCERNS in Harris County Jail, filed. (Attachments: # 1 SEALED Letter)(hcarr, 4) (Entered: 04/14/2020)

April 7, 2020 PACER
80

Notice of Filing of Official Transcript as to 77 Transcript. Party notified, filed. (jdav, 4) (Entered: 04/08/2020)

April 8, 2020 PACER

Telephone Conference

April 8, 2020 PACER
81

AO 435 TRANSCRIPT REQUEST by Plaintiffs/Alexandra White for Transcript of Hearing, 04/07/2020, Lee H. Rosenthal. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Kathleen Miller, filed. (White, Lexie) (Entered: 04/08/2020)

April 8, 2020 PACER
82

AO 435 TRANSCRIPT REQUEST by Intervenors/Adam Arthur Biggs for Transcript of Hearing, 04/07/2020, Lee H. Rosenthal. 3-Day turnaround requested. Court Reporter/Transcriber: Kathleen Miller, filed. (Biggs, Adam) (Entered: 04/08/2020)

April 8, 2020 PACER
84

ORDER granting 78 MOTION for Leave to File Amicus Curiae Brief.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(sanderson, 4) (Entered: 04/08/2020)

April 8, 2020 PACER
86

STATEMENT Report by Sheriff Ed Gonzalez, filed.(Fogler, Murray) (Entered: 04/08/2020)

April 8, 2020 PACER
87

STATEMENT by Ken Paxton, Attorney General of the State of Texas in his Official Capacity, Only, filed. (Attachments: # 1 Exhibit Cruson v. Jackson, # 2 Exhibit In Re Greg Abbott)(Biggs, Adam) (Entered: 04/08/2020)

1 Exhibit Cruson v. Jackson

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2 Exhibit In Re Greg Abbott

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April 8, 2020 RECAP
88

REPLY in Support of 32 MOTION for Temporary Restraining Order, 53 MOTION for Temporary Restraining Order, filed by Pierson Johnnie, Joseph Ortuno, Dwight Russell. (Rossi, Elizabeth) (Entered: 04/08/2020)

April 8, 2020 PACER
89

NOTICE pursuant to Chief Judge Lee Rosenthal Order by Lina Hidalgo, filed. (Kase, Kathryn) (Entered: 04/08/2020)

April 8, 2020 RECAP
90

ADVISORY by Kim Ogg, filed. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Durfee, Scott) (Entered: 04/08/2020)

1 Exhibit A

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2 Exhibit B

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April 8, 2020 PACER

State / Territory: Texas

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

COVID-19 (novel coronavirus)

Key Dates

Filing Date: Jan. 21, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Indigent pretrial detainees who are kept in the defendant's jail because they cannot afford bail

Attorney Organizations:

Civil Rights Corps

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

Harris County (Harris), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process: Substantive Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Issues

General:

Conditions of confinement

Fines/Fees/Bail/Bond

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested