Case: Valentine v. Collier

4:20-cv-01115 | U.S. District Court for the Southern District of Texas

Filed Date: March 30, 2020

Closed Date: April 19, 2021

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a class action lawsuit brought by prisoners at a geriatric prison run by the Texas Department of Criminal Justice. The plaintiffs alleged violations of their Eighth and Fourteenth Amendment rights, as well as violations of the ADA and Rehabilitation Act by failing to make reasonable accommodations to protect the plaintiffs from COVID-19. They won a district court order requiring compliance with CDC recommendations, but the Fifth Circuit vacated the preliminary injuncti…

COVID-19 Summary: This is a class action lawsuit brought by prisoners at a geriatric prison run by the Texas Department of Criminal Justice. The plaintiffs alleged violations of their Eighth and Fourteenth Amendment rights, as well as violations of the ADA and Rehabilitation Act by failing to make reasonable accommodations to protect the plaintiffs from COVID-19. They won a district court order requiring compliance with CDC recommendations, but the Fifth Circuit vacated the preliminary injunction on June 5, noting that the defendant had substantially complied with the measures required by the injunction. The court granted class certification on June 27 and denied to dismiss the case on July 2. The case proceeded to trial and on September 29, the district court granted ordered a permanent injunction requiring the defendants to take numerous safeguards, including, sufficient cleaning supplies, enforcement of social distancing, proper use of personal protective equipment by staff, testing measures, and creation of a contact tracing plan. On October 13, the Fifth Circuit granted the defendants' emergency motion to stay the injunction. Two prisoners filed an application to vacate the stay with the Supreme Court, but the Supreme Court denied the request on November 16. On March 26, 2021, the Fifth Circuit reversed the judgment of the district court and rendered judgment for the defendants.


On March 30, 2020, two prisoners held at Texas Department of Criminal Justice ("TDCJ") Pack Unit filed this class-action lawsuit against the executive director of TDCJ, the warden of TDCJ Pack Unit, and TDCJ itself. The plaintiffs, represented by private counsel, filed their complaint in the U.S. District Court for the Southern District of Texas; the case was assigned to Judge Keith Ellison. The plaintiffs sued the defendants under § 1983 for violations of their Eighth and Fourteenth Amendment rights protecting them from cruel and unusual punishment. They also alleged that the defendants violated the ADA and Rehabilitation Act by failing to provide reasonable accommodations to protect the plaintiffs from COVID-19. The plaintiffs sought attorneys' fees and declaratory and injunctive relief in the form of a temporary restraining order. The preliminary and permanent injunctive relief sought included unrestricted access to antibacterial hand soap and towels, access to hand sanitizer with at least 60% alcohol, and increased cleaning of common areas and surfaces. The plaintiffs also sought to prohibit new prisoners from entering Pack Unit, quarantining new prisoners for 14 days, or testing new prisoners for COVID-19 to prevent greater risk of contraction for current prisoners. Finally, the plaintiffs requested the defendant to post signage in common areas with updates about COVID-19 and recommendations to protect oneself.

Pack Unit is a Type-I geriatric prison and houses a large number of prisoners over 50 years old or with serious pre-existing health conditions. Plaintiffs sought to represent a class of all inmates who currently are, or who in the future will be, incarcerated at the Pack Unit, and who are subjected to the TDCJ’s policies and practices regarding COVID-19. The plaintiffs also proposed two subclasses: the “High-Risk Subclass,” and the “Disability Subclass.” The High-Risk Subclass intended to represent those who, according to the CDC, are most at risk of severe illness from COVID-19 due to old age or health conditions. The Disability Subclass consisted of those who suffer from a disability that substantially limits one or more of their major life activities and who are at increased risk of COVID-19 illness, injury, or death due to their disability or any medical treatment necessary to treat their disability.

The plaintiffs alleged that the defendants’ policies in response to the COVID-19 pandemic were woefully inadequate and did not comport with many of the CDC’s recommendations. These discrepancies include TDCJ’s prohibition on alcoholic hand sanitizer and the CDC’s recommendation to consider relaxing such protocols. The plaintiffs allege that these inadequate policies, combined with their vulnerability and the facility’s congregate nature, place prisoners and the surrounding communities at greater risk of contracting COVID-19.

On April 16, after hearing oral arguments, Judge Ellison granted the plaintiff's application for a temporary restraining order as a preliminary injunction. 2020 WL 1916883. The order enjoined the defendant as follows:

  • The defendant was required to provide class members with unrestricted access to hand soap and disposable hand towels to facilitate hand washing, and must also provide hand sanitizer containing at least 60% alcohol in common areas.
  • The defendant was required to provide prisoners and staff members with masks, and launder them regularly if needed.
  • The defendant was required to clean surfaces in common areas every 30 minutes during the day, and provide prisoners sufficient bleach-based cleaning agents to disinfect their own housing cubicles.
  • The defendant was required to either prohibit new prisoners from entering the Pack Unit for the duration of the pandemic, test new prisoners before entry, or quarantine new prisoners for 14 days upon entry.
  • The defendant was ordered to limit transportation of prisoners outside the prison, and maintain social distancing when transportation was necessary.
  • The defendant was required to post signage providing updates on COVID-19 and educate prisoners on prevention techniques.

The following day, the defendants appealed the order to the Fifth Circuit and Judge Ellison granted a five-day stay of the preliminary injunction. 2020 WL 1916883. On April 22, the Fifth Circuit stayed the preliminary injunction pending completion of appellate review of it. 956 F.3d 797. In a per curiam opinion by Judges Jones, Higginson, and Oldham, the court of appeals found that the plaintiffs had failed to show a “substantial risk of serious harm” that amounts to “cruel and unusual punishment,” "after accounting for the protective measures TDCJ has taken." In addition, the court criticized the district court's failure to "cite[] . . . evidence that [state officials] subjectively believe the measures they are taking are inadequate." The appellate court also found that plaintiffs had not yet exhausted the possibilities of the prison's internal grievance system and therefore that the case was premature, and that the preliminary relief was insufficiently narrow to satisfy the Prison Litigation Reform Act (PLRA).

The plaintiffs filed an emergency application to the U.S. Supreme Court to vacate the stay on May 4. The plaintiffs argued that the Fifth Circuit did not defer to the trial court's fact findings, and that the stay risked exactly the type of irreparable harm the the district court intended to prevent. The Supreme Court denied the application, but Justice Sotomayor wrote a statement in which Justice Ginsburg joined. Justice Sotomayor wrote, "It has long been said that a society’s worth can be judged by taking stock of its prisons. That is all the truer in this pandemic, where inmates everywhere have been rendered vulnerable and often powerless to protect themselves from harm. May we hope that our country’s facilities serve as models rather than cautionary tales.” 140 S.Ct. 1598.

Back in the district court, the defendants filed a Motion to Dismiss on April 22, 2020, making three different arguments. First, the defendants argued that the plaintiffs lacked standing since they failed to demonstrate an actual or imminent injury, and therefore the complaint should be dismissed for lack of subject-matter jurisdiction under FRCP 12(b)(1). Second, the defendants argued that the complaint should be dismissed for failure to state a claim under Rule 12(b)(6), since the plaintiffs did not allege facts demonstrating that the defendants acted with deliberate indifference to the plaintiffs' health or safety, thereby failing to state an Eighth Amendment claim. Third, the defendants argued that the plaintiffs failed to state a claim under the ADA and RA because the ADA does not apply in exigent circumstances, and the plaintiffs have not alleged discrimination.

After a second prisoner tested positive for COVID-19, the plaintiffs filed an emergency motion to identify the prisoner on April 24. The plaintiffs argued that the prisoner's identity could allow for contact tracing in lieu of comprehensive testing of all prisoners. The plaintiffs also sought the identification within 48 hours of all future prisoners confirmed to have COVID-19. The defendants opposed the motion, arguing that discovery was not open and therefore the Court had no authority to grant an order compelling production. With regards to the identification of future COVID-19 patients, the defendants argued that such preliminary injunctive relief was not warranted in light of the Fifth Circuit's finding that the plaintiffs were not likely to succeed on the merits.

The defendants filed a Motion to Stay Discovery on May 7. They argued that discovery was premature because the defendants' interlocutory appeal was still pending in the Fifth Circuit, and there were other pending preliminary issues including the defendant's Motion to Dismiss.

On May 13, the plaintiffs filed a Motion to Certify Class. They proposed a general class and a subclass, and identified a class period as the present day until protections against COVID-19 are no longer necessary. The general class consisted of all current and future inmates incarcerated in the Wallace Pack Unit who are subjected to TDCJ's policy of failing to provide protection from exposure to COVID-19 for the class period. The high-risk subclass included all current and future inmates incarcerated at Wallace Pack Unit who are subjected to TDCJ's policy of failing to provide protection from exposure to COVID-19 during the class period and who are, according to the CDC, most at risk of severe illness due to their age or health conditions.

On June 5, the Fifth Circuit vacated the preliminary injunction, finding that the defendant had substantially complied with the measures required by the injunction. 2020 WL 3026717. Judge Eugene Davis “reluctantly” concurred, noting that the lack of social distancing for the elderly and ill was “nothing short of a human tragedy.”

A group of individuals in the custody of the TDCJ, but housed in a different unit, sought to intervene on June 10. On June 12, the defendants opposed the plaintiff's motion for class certification and argued that the TDCJ’s grievance process was available to the plaintiffs, and that the plaintiffs had substantially received their requested relief through the grievance process. The defendants argued that they provided hand sanitizer, mass testing for COVID-19, offender movement for those when medically necessary, and quarantine procedures. On June 25, three additional individuals sought to intervene.

On June 27, the district court granted the plaintiff's motion for class certification. 2020 WL 3491999.

On June 30, the defendants sought to postpone the July 13 trial date to October 12, claiming that the current trial date is untenable due to the amount of discovery needed. However, the motion was denied on July 2. 2020 WL 3625730. The court noted that the COVID-19 crisis continued in the Pack Unit, Texas, and the United States, with the number of inmates in Pack Unit who have tested positive and who have died growing. The same day, the court denied the defendant's motion to dismiss, finding that the plaintiffs had plead facts that state a claim of deliberate indifference under the Eighth Amendment, as well as claims under the ADA and the Rehabilitation Act.

On July 6, the court addressed the three motions to intervene filed by individuals incarcerated at TDCJ prisons other than the Pack Unit and denied all three motions. 2020 WL 3666614. Although the court recognized that the intervenors shared common questions of law and fact with the plaintiffs of the case, the court also noted the lack of time for the defendants to engage in full discovery and briefing for the intervenors, the differences in issues of fact with the current plaintiffs, and the additional claims of relief raised by the intervenors.

The defendants moved for summary judgment on July 9, arguing that the plaintiffs failed to exhaust their administrative remedies under the PLRA, and that the plaintiffs could not meet their burden under the ADA and their burden of showing the defendants' deliberate indifference.

On July 21, the plaintiffs moved to certify two additional subclasses; a Disability Subclass and a Mobility-Impaired Subclass.

A bench trial is being held between July 13 and mid-August. On July 27, an individual incarcerated at the W.J. Estelle Prison submitted a motion for joinder. The motion was denied on July 31, as he was not in the same unit as the plaintiffs of the case and therefore was not a party in this case.

In a status report by the plaintiffs on August 31, the plaintiffs note that TDCJ’s website identifies 14 active cases within the Pack Unit, and at least four of the infected inmates were tested but were not advised of their status or removed from their dormitory for four days.

On September, 29, 2020 the court granted the plaintiffs’ request for a permanent injunction. 2020 WL 5797881. In its opinion, the court first certified the Mobility-Impaired Sublcass, but not the Disability Subclass. The Mobility-Impaired Subclass included “[a]ll current and former inmates incarcerated at [TDCJ] Wallace Pack Unit who suffered from a disability that substantially limits one or more of their major life activities, are subjected to TDCJ and the Texas Correctional Managed Health Care Committee’s policy and practice of failing to provide exposure to Covid-19 during the class period, and who require the use of a walker, cane, or wheelchair to ambulate.” The court rejected the defendants’ argument that the plaintiffs failed to exhaust administrative remedies as required by the PLRA and found that the plaintiffs demonstrated that the existing TDJC grievance process was incapable of responding to a rapidly spreading pandemic like COVID-19.

The court found violations of the Eighth Amendment, the ADA, and the Rehab Act. It held that the defendants demonstrated deliberate indifference towards the plaintiffs in violation of the Eighth Amendment in two ways. First, it found that the defendants demonstrated deliberate indifference by failing to adopt a systematic approach to addressing COVID-19. Second, the defendants acted with deliberate indifference to plaintiffs’ medical needs by failing to take obvious precautionary public health measures on which all medical professionals would agree. On the ADA and Rehab Act claims, the court found that TDCJ’s decision to not issue hand sanitizer to the Mobility-Impaired Subclass violated the ADA and Rehab Act because it failed to reasonably accommodate their disabilities.

Under the permanent injunction, the court ordered the defendants to provide unrestricted hand soap and clean towels, as well as hand sanitizer to the mobility impaired subclass. In addition, the court ordered numerous other safeguards, including sufficient cleaning supplies, training on additional cleaning practices, the creating of plans to allow for regular sanitizing, enforcement of social distancing, proper use of personal protective equipment by staff, testing measures, and creation of a contact tracing plan.

That same day, TDCJ appealed the permanent injunction to the Fifth Circuit (docket no.: 20-20525). The district court denied TDCJ’s motion to stay the injunction, so TDCJ filed an emergency motion asking the Fifth Circuit to stay the injunction pending appeal and for a temporary administrative stay while the emergency motion was under consideration. On October 6, the Fifth Circuit administratively stayed the permanent injunction.

The Fifth Circuit (Circuit Judges Don R. Willett, James C. Ho, Stuart Kyle Duncan) then granted the emergency motion to stay the injunction on October 13, 2020. 978 F.3d 154. The Fifth Circuit found that TDCJ was likely to succeed on the merits of its appeal because the plaintiffs failed to comply with the PLRA’s exhaustion requirement by failing to use the prison’s internal grievance process before filing suit. In addition, even if the PLRA’s exhaustion requirement was met, the Fifth Circuit found that the plaintiffs’ likely fail on their Eighth Amendment claim as well because the district court did not focus on whether or not TDCJ responded reasonably to the risks of COVID-19 and instead focused on the impact of COVID-19. The Fifth Circuit found that TDCJ would be irreparably harmed absent a stay by hindering TDCJ’s flexibility to address an ever-changing situation. Finally, the Fifth Circuit found that the balance of the harms and the public interest favored the defendants because the COVID-19’s incidence at TDCJ was reduced without court intervention or oversight and the public interest favors having politically accountable officials—not federal judges—determine how to allocate resources.

On October 21, two inmates filed an application with the Supreme Court to vacate the Fifth Circuit’s stay of the permanent injunction pending appeal. The Supreme Court denied the application to vacate on November 16. 592 U.S. ---. Justice Sotomayor, joined by Justice Kagan, dissented from the denial of application to vacate the stay. Justice Sotomayor would have found that the Fifth Circuit demonstrably erred in both their analysis of the PLRA’s exhaustion requirement and the merits of the Eighth Amendment claims, noting that the Fifth Circuit substituted its own view of the facts for those of the District Court.

Back in the District Court, numerous plaintiffs filed motions for leave to file amended complaints in late October. On November 10, the plaintiffs also moved for a temporary restraining order. Judge Ellison denied the motions because the trial had concluded and the court had issued its findings of fact and conclusions of law.

On March 26, the Fifth Circuit reversed the district court's permanent injunction and rendered judgment for the defendants. 993 F.3d 270.

In determining whether the the actions of the defendants constituted unnecessary and wanton infliction of pain and therefore deliberate indifference in violation of the Eighth Amendment, the appellate court found that the record did not support a finding that either of the defendants' actions constituted deliberate indifference. The court found that the policy implemented by the TDJC was crafted by healthcare experts who were given that responsibility under state law. The court also found that the prison's policy went into effect in March 2020, when knowledge about the virus was unclear and before the Pack Unit had its first positive case. A second iteration of the prison's policy adopted CDC guidance four days after the guidance was released. The court concluded that it was not unreasonable for the defendants to rely on healthcare experts who were delegated the responsibility of crafting COVID-19 policies and that the policies adopted were reasonable since they were in accordance with the CDC's guidance.

Despite the fact that the prison's testing plan and contract-tracing procedures were not documented in writing, the appellate court declined to hold that this showed that the defendants acted with deliberate indifference. The court also found that the lack of a compliance regime did not constitute deliberate indifference since state prisons are not required to implement additional layers of administration.

The Fifth Circuit disagreed that the two month delay in mass testing of the Pack Unit constituted deliberate indifference, since defendant Collier gave the plausible reason that the prison's medical partner did not have sufficient testing supplies to test the entire Pack Unit in April 2020. While the district court found that the tests chosen by the prison took too long to obtain results, the appellate court found that defendant Collier's failure to explore faster options did not indicate deliberate indifference since the record did not indicate that Collier was personally able to secure quicker tests. Contrary to the district court's finding that the prison's inconsistent strike-team testing amounted to deliberate indifference, the appellate court found that the defendants did not respond recklessly in choosing and implementing their tests given the circumstances at the time.

The appellate court also disagreed with the district court on its finding of deliberate indifference regarding social distancing. Despite the fact that defendant Herrera delayed in moving inmates into two empty dorms, the appellate court found that injunctive relief was not appropriate since the prison did start using those dorms one month after construction was completed.

The appellate court also did not find that Herrera and Collier were reckless in their response to prisoner complaints about the prison officers' failure to wear masks since their complaints were too general. While evidence at trial supported a finding of lack of sinks, the appellate court noted that handwashing stations were installed by the defendants before and during trial.

Overall, the appellate court noted that injunctive relief is forward looking, and that given the defendants' response over the course of the litigation, a permanent injunction was not warranted under the Eighth Amendment. On the plaintiffs ADA claims, the court found that the plaintiffs failed to show that they identified their disability, the disability's limitations, and the necessary accommodation they sought and therefore vacated the district court's injunction regarding hand sanitizer for the mobility-impaired subclass.

After rendering judgment for the defendants, the case is now closed.

Summary Authors

Justin Hill (5/13/2020)

Averyn Lee (9/25/2020)

Emily Kempa (11/17/2020)

Nicholas Gillan (4/16/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17024308/parties/valentine-v-collier/


Judge(s)

Davis, W. Eugene (Louisiana)

Duncan, Stuart Kyle (Louisiana)

Ellison, Keith P. (Texas)

Ginsburg, Ruth Bader (District of Columbia)

Graves, James Earl Jr. (Mississippi)

Higginson, Stephen Andrew (Louisiana)

Ho, James Chiun-Yue (Texas)

Jones, Edith Hollan (Texas)

Oldham, Andrew Stephen (Texas)

Sotomayor, Sonia (District of Columbia)

Judge(s)

Davis, W. Eugene (Louisiana)

Duncan, Stuart Kyle (Louisiana)

Ellison, Keith P. (Texas)

Ginsburg, Ruth Bader (District of Columbia)

Graves, James Earl Jr. (Mississippi)

Higginson, Stephen Andrew (Louisiana)

Ho, James Chiun-Yue (Texas)

Jones, Edith Hollan (Texas)

Oldham, Andrew Stephen (Texas)

Sotomayor, Sonia (District of Columbia)

Stewart, Carl E. (Louisiana)

Willett, Don R. (Texas)

Attorneys(s) for Plaintiff

Duke, Brandon W. (Texas)

Edwards, Jeffrey S. (Texas)

Ghorayeb, Basheer Y. (Texas)

Green, Robert L. (Texas)

Hockman, Corinne Stone (Texas)

James, David Anthony (Texas)

Keville, John R. (Texas)

Medlock, Scott Charles (Texas)

Murphy, Michael T. (Texas)

Scofield, Denise (Texas)

Singley, Michael (Texas)

Stone, Corinne (Texas)

Williams, Benjamin D. (Texas)

Attorneys(s) for Defendant

Bangert, Ryan Lee (Missouri)

Cowles, Shawn E. (Texas)

Farrell, Jeffrey E (Texas)

Frederick, Matthew Hamilton (Texas)

Hawkins, Kyle Douglas (Texas)

LaFond, Jason R (Texas)

Mateer, Jeffrey C (Texas)

McCarty, Darren L. (Texas)

Molina, Ralph (Texas)

Molinare, Shanna Elizabeth (Texas)

O'Leary, Leah Jean (Texas)

Paxton, Ken (Texas)

Vasquez, Christin Cobe (Texas)

Webster, Brent (Texas)

Other Attorney(s)

Dow, David R (Texas)

Newberry, Jeffrey R (Texas)

Expert/Monitor/Master

Cohen, Robert L. MD (New York)

Linthicum, Lannette (Texas)

Young, Jeremy D. MPH (Ohio)

Documents in the Clearinghouse

Document

4:20-cv-01115

Docket [PACER]

May 14, 2021

May 14, 2021

Docket
1

4:20-cv-01115

Class Action Complaint and Application for Temporary Restraining Order and Other Injunctive Relief

March 30, 2020

March 30, 2020

Complaint
13

4:20-cv-01115

Declaration of Robert L. Cohen, MD

April 2, 2020

April 2, 2020

Declaration/Affidavit
12

4:20-cv-01115

Declaration of Jeremy D. Young, MD, MPH

April 2, 2020

April 2, 2020

Declaration/Affidavit
28

4:20-cv-01115

Plaintiffs' Memorandum Regarding Authorities for Reduction of Inmate Population

April 15, 2020

April 15, 2020

Pleading / Motion / Brief
29, 29-1, 29-2

4:20-cv-01115

Plaintiffs' Emergency Motion to Modify Protective Order

April 15, 2020

April 15, 2020

Pleading / Motion / Brief
37, 37-1

4:20-cv-01115

Defendants' Memorandum Regarding Lack of Authority for Release of Offenders to Reduce Inmate Population

April 15, 2020

April 15, 2020

Pleading / Motion / Brief
40

4:20-cv-01115

Preliminary Injunction Order

2020 WL 1899274

April 16, 2020

April 16, 2020

Order/Opinion
51

4:20-cv-01115

Memorandum and Order

455 F.Supp.3d 308, 2020 WL 1916883

April 20, 2020

April 20, 2020

Order/Opinion

20-20207

[Stay of Preliminary Injunction]

U. S. Court of Appeals for the Fifth Circuit

956 F.3d 797

April 22, 2020

April 22, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17024308/valentine-v-collier/

Last updated Aug. 5, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Bryan Collier, Robert Herrera, Texas Department Of Criminal Justice (0541-24491139)filed by Laddy Curtis Valentine, Richard Elvin King. (Attachments: # 1 Civil Cover Sheet)(Keville, John) (Entered: 03/30/2020)

1 Civil Cover Sheet

View on PACER

March 30, 2020

March 30, 2020

RECAP
2

ORDER - By agreement of the judges, this action is hereby TRANSFERRED to the docket of Judge Keith P. Ellison. (Signed by Judge Kenneth M Hoyt) Parties notified.(sanderson, 4) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

RECAP
3

NOTICE of Setting as to 1 Amended Complaint/Counterclaim/Crossclaim etc.. Parties notified. Telephone Conference set for 4/2/2020 at 03:30 PM by telephone before Judge Keith P Ellison, filed. (arrivera, 4) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

RECAP

Set/Reset Hearings & Other Court Settings

March 31, 2020

March 31, 2020

PACER
4

Request for Issuance of Summons as to Bryan Collier, Robert Herrera, filed.(Keville, John) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
5

NOTICE of Appearance by Jeff Edwards, Scott Medlock, Michael Singley, and David James on behalf of Richard Elvin King, Laddy Curtis Valentine, filed. (Edwards, Jeffrey) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
6

NOTICE of Appearance by Denise Scofield, Michael T. Murphy, Brandon W. Duke, Benjamin D. Williams, Robert L. Green, Corinne Stone Hockman on behalf of Richard Elvin King, Laddy Curtis Valentine, filed. (Duke, Brandon) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
7

MOTION for Writ of Habeas Corpus ad testificandum for appearance of Richard King by telephone by Richard Elvin King, Laddy Curtis Valentine, filed. Motion Docket Date 4/21/2020. (Attachments: # 1 Proposed Order)(Edwards, Jeffrey) (Entered: 03/31/2020)

1 Proposed Order

View on PACER

March 31, 2020

March 31, 2020

PACER
8

MOTION for Writ of Habeas Corpus ad testificandum for appearance of Laddy Valentine by telephone by Richard Elvin King, Laddy Curtis Valentine, filed. Motion Docket Date 4/21/2020. (Attachments: # 1 Proposed Order)(Edwards, Jeffrey) (Entered: 03/31/2020)

1 Proposed Order

View on PACER

March 31, 2020

March 31, 2020

PACER
9

Writ of Habeas Corpus ad Testificandum Issued as to Richard King for Telephonic Hearing on 4/2/20 @ 3:30 pm ( Signed by Judge Keith P Ellison), filed.(sanderson, 4) **** certified copy of Writ provided to USM (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER

***Set Hearings : Telephone Motion Hearing set for 4/2/2020 at 03:30 PM before Judge Keith P Ellison (sanderson, 4)

March 31, 2020

March 31, 2020

PACER
10

Writ of Habeas Corpus ad Testificandum Issued as to Laddy Curtis Valentine for Telephonic Hearing on 4/2/20 @ 3:30 pm ( Signed by Judge Keith P Ellison), filed.(sanderson, 4) **** certified copy of Writ provided to USM (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
11

Summons Issued as to Bryan Collier, Robert Herrera. Issued summons delivered to plaintiff by NEF, filed.(hlerma, 4) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
12

DECLARATION of Jeremy D. Young, MD, MPH re: 1 Amended Complaint/Counterclaim/Crossclaim etc., filed.(Duke, Brandon) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

RECAP
13

DECLARATION of Robert L. Cohen, MD re: 1 Amended Complaint/Counterclaim/Crossclaim etc., filed.(Duke, Brandon) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

RECAP
14

DECLARATION of Eldon Vail re: 1 Amended Complaint/Counterclaim/Crossclaim etc., filed.(Duke, Brandon) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

RECAP
15

NOTICE of Appearance by Christin Cobe Vasquez and Jeffrey E. Farrell on behalf of Bryan Collier, Robert Herrera, Texas Department Of Criminal Justice, filed. (Cobe Vasquez, Christin) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
16

DECLARATION of Joseph C. Gathe, MD re: 1 Amended Complaint/Counterclaim/Crossclaim etc., filed.(Duke, Brandon) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

RECAP
17

Opposed MOTION to Transfer Case to Judge Hoyt or, in the Alternative, Place Case Into the Court's Random Assignment System by Bryan Collier, Robert Herrera, Texas Department Of Criminal Justice, filed. Motion Docket Date 4/23/2020. (Attachments: # 1 Proposed Order)(Cobe Vasquez, Christin) (Entered: 04/02/2020)

1 Proposed Order

View on PACER

April 2, 2020

April 2, 2020

RECAP

Minute Entry for proceedings held before Judge Keith P Ellison. TELEPHONE CONFERENCE held on 4/2/2020. Plaintiffs to respond to 17 Motion to Transfer Case by tomorrow afternoon. Appearances:Mike Murphy, Cynthia Burton, Brandon Duke, Eric Milton, Denise Scofield, Kristen Worman, Scott Medlock, Jeff Farrell, Michael Singley, Shanna Molinare, Eric Nichols, David James, Christin Cobe Vasquez, Jeffrey S Edwards, Brandon W. Duke, John R Keville.(Court Reporter: J. Sanchez)(Law Clerk: J. Zhang), filed.(arrivera, 4)

April 2, 2020

April 2, 2020

PACER
18

RESPONSE in Opposition to 17 Opposed MOTION to Transfer Case to Judge Hoyt or, in the Alternative, Place Case Into the Court's Random Assignment System, filed by Richard Elvin King, Laddy Curtis Valentine. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Duke, Brandon) (Entered: 04/03/2020)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

April 3, 2020

April 3, 2020

PACER
19

REPLY in Support of 17 Opposed MOTION to Transfer Case to Judge Hoyt or, in the Alternative, Place Case Into the Court's Random Assignment System, filed by Bryan Collier, Robert Herrera, Texas Department Of Criminal Justice. (Cobe Vasquez, Christin) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER
20

MEMORANDUM AND ORDER denying 17 Opposed MOTION to Transfer Case to Judge Hoyt or, in the Alternative, Place Case Into the Court's Random Assignment System (Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

RECAP
21

ORDER. Telephone Conference set for 4/6/2020 at 04:00 PM by telephone before Judge Keith P Ellison(Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER

Minute Entry for proceedings held before Judge Keith P Ellison. TELEPHONE CONFERENCE held on 4/6/2020. Parties reported on steps already taken by Defendants at Pack Unit to prevent spread of novel coronavirus. Plaintiffs currently awaiting additional information from Defendants. Follow-up telephonic conference set for 4/10/2020. Appearances:Mike Murphy, Cynthia Burton, Brandon Duke, Eric Milton, Denise Scofield, Kristen Worman, Scott Medlock, Jeff Farrell, Michael Singley, Shanna Molinare, Eric Nichols, David James. Christin Cobe Vasquez, Brandon W. Duke, John R Keville.(Court Reporter: J. Sanchez)(Law Clerk: J. Zhang), filed.(arrivera, 4)

April 6, 2020

April 6, 2020

PACER
22

NOTICE of Setting. Parties notified. Telephone Conference reset for 4/13/2020 at 11:00 AM by telephone before Judge Keith P Ellison, filed. (arrivera, 4) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

RECAP

Telephone Conference

April 7, 2020

April 7, 2020

PACER

Minute Entry for proceedings held before Judge Keith P Ellison. TELEPHONE CONFERENCE held on 4/13/2020. Court heard updates from parties on agreed changes. Application for TRO taken under advisement. Appearances:Eric Miller, Cynthia Burton, Michael Murphy, Jeff Farrow, Kristen Worman, Denise Scofield, Michael Singley, David James, Shanna Molinare, Eric Nichols. Christin Cobe Vasquez, Jeffrey S Edwards, Brandon W. Duke, John R Keville.(Court Reporter: J. Sanchez)(Law Clerk: J. Zhang), filed.(arrivera, 4)

April 13, 2020

April 13, 2020

PACER
23

NOTICE of Setting. Parties notified. Telephone Conference set for 4/14/2020 at 03:30 PM by telephone before Judge Keith P Ellison, filed. (arrivera, 4) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

RECAP
24

MOTION for Writ of Habeas Corpus ad testificandum for appearance of Richard King by telephone by Richard Elvin King, Laddy Curtis Valentine, filed. Motion Docket Date 5/5/2020. (Attachments: # 1 Proposed Order)(Edwards, Jeffrey) (Entered: 04/14/2020)

1 Proposed Order

View on PACER

April 14, 2020

April 14, 2020

RECAP
25

MOTION for Writ of Habeas Corpus ad testificandum for appearance of Laddy Valentine by telephone by Richard Elvin King, Laddy Curtis Valentine, filed. Motion Docket Date 5/5/2020. (Attachments: # 1 Proposed Order)(Edwards, Jeffrey) (Entered: 04/14/2020)

1 Proposed Order

View on PACER

April 14, 2020

April 14, 2020

PACER
26

Writ of Habeas Corpus ad Testificandum Issued as to Richard King, TDCJ #00516700 for Telephone Conference on 4/16/20 at 1:30 p.m. ( Signed by Judge Keith P Ellison), filed.(rguerrero, 4) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
27

Writ of Habeas Corpus ad Testificandum Issued as to Laddy Curtis Valentine, TDCJ #01782033 for Telephone Conference on April 16,2020 at 1:30 p.m. ( Signed by Judge Keith P Ellison), filed.(rguerrero, 4) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

RECAP

Minute Entry for proceedings held before Judge Keith P Ellison. TELEPHONE CONFERENCE held on 4/14/2020. Defendants notified the Court that an inmate at Pack Unit died on 4/11/2020 and has preliminarily tested positive for COVID-19 at autopsy. Telephonic evidentiary hearing on Application for TRO set for 4/16/2020 at 1:30 p.m. Appearances:Corinne Hockman, Scott Medlock, Eric Miller, Cynthia Burton, Michael Murphy, Jeff Farrow, Kristen Worman, Denise Scofield, Michael Singley, David James, Shanna Molinare, Eric Nichols.. Christin Cobe Vasquez, Jeffrey S Edwards, Brandon W. Duke, John R Keville.(Court Reporter: J. Sanchez)(Law Clerk: J. Zhang), filed.(arrivera, 4)

April 14, 2020

April 14, 2020

PACER
28

MEMORANDUM Regarding Authorities for Reduction of Inmate Population by Richard Elvin King, Laddy Curtis Valentine, filed.(Duke, Brandon) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

RECAP

Telephone Conference

April 15, 2020

April 15, 2020

PACER
29

MOTION to Modify Protective Order in the Cole v. Collier Litigation by Richard Elvin King, Laddy Curtis Valentine, filed. Motion Docket Date 5/6/2020. (Attachments: # 1 Exhibit 1 - COVID-19 TDCJ Update (April 14, 2020), # 2 Proposed Amended Protective Order)(Edwards, Jeffrey) (Entered: 04/15/2020)

1 Exhibit 1 - COVID-19 TDCJ Update (April 14, 2020)

View on RECAP

2 Proposed Amended Protective Order

View on PACER

April 15, 2020

April 15, 2020

PACER
30

AO 435 TRANSCRIPT REQUEST by TDCJ/Christin Cobe Vasquez for Transcript of Telephone Conferences, April 13th and April 14, 2020, Hon. Judge Keith Ellison. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Johnny Sanchez, filed. (Cobe Vasquez, Christin) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
31

DECLARATION of Laddy Valentine re: 1 Amended Complaint/Counterclaim/Crossclaim etc., filed.(Duke, Brandon) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

RECAP
32

DECLARATION of Richard King re: 1 Amended Complaint/Counterclaim/Crossclaim etc., filed.(Duke, Brandon) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

RECAP
33

PROPOSED ORDER Temporary Restraining Order re: 1 Amended Complaint/Counterclaim/Crossclaim etc., filed.(Duke, Brandon) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

RECAP
34

Unopposed MOTION to Seal Exh F to Dfs Resp to Pltfs Mtn TRO by Bryan Collier, Robert Herrera, Texas Department Of Criminal Justice, filed. Motion Docket Date 5/6/2020. (Attachments: # 1 Proposed Order)(Cobe Vasquez, Christin) (Entered: 04/15/2020)

1 Proposed Order

View on PACER

April 15, 2020

April 15, 2020

PACER
35

SEALED EXHIBITS to DE 34 by Bryan Collier, Robert Herrera, Texas Department Of Criminal Justice, filed. (Attachments: # 1 Exhibit F1, # 2 Exhibit F2, # 3 Exhibit F3, # 4 Exhibit F) (Cobe Vasquez, Christin) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
36

RESPONSE in Opposition to Plaintiff's Application for a Temporary Restraining Order, filed by Bryan Collier, Robert Herrera, Texas Department Of Criminal Justice. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C-1, # 4 Exhibit Exhibit C-2, # 5 Exhibit Exhibit C-3, # 6 Exhibit Exhibit C-4, # 7 Exhibit Exhibit C-5, # 8 Exhibit Exhibit D-1, # 9 Exhibit Exhibit D-2, # 10 Exhibit Exhibit E, # 11 Proposed Order Proposed Order)(Cobe Vasquez, Christin) (Entered: 04/15/2020)

1 Exhibit Exhibit A

View on RECAP

2 Exhibit Exhibit B

View on RECAP

3 Exhibit Exhibit C-1

View on RECAP

4 Exhibit Exhibit C-2

View on RECAP

5 Exhibit Exhibit C-3

View on RECAP

6 Exhibit Exhibit C-4

View on RECAP

7 Exhibit Exhibit C-5

View on RECAP

8 Exhibit Exhibit D-1

View on RECAP

9 Exhibit Exhibit D-2

View on RECAP

10 Exhibit Exhibit E

View on RECAP

11 Proposed Order Proposed Order

View on PACER

April 15, 2020

April 15, 2020

RECAP
37

RESPONSE to 28 Memorandum Plaintiffs' Memorandum Regarding Authorities For Reduction of Inmate Population, filed by Bryan Collier, Robert Herrera, Texas Department Of Criminal Justice. (Attachments: # 1 Exhibit Exhibit A)(Cobe Vasquez, Christin) (Entered: 04/15/2020)

1 Exhibit Exhibit A

View on PACER

April 15, 2020

April 15, 2020

RECAP
39

ORDER granting 34 Motion to Seal Exhibit F to Defendants' Response to Plaintiffs' Application for Temporary Restraining Order..(Signed by Judge Keith P Ellison) Parties notified.(rguerrero, 4) (Entered: 04/16/2020)

April 15, 2020

April 15, 2020

PACER
38

Corrected Exhibit C, Attachment B to Defendants' Response In Opposition to Plaintiffs' Application for a Temporary Restraining Order by Bryan Collier, Robert Herrera, Texas Department Of Criminal Justice, filed.(Cobe Vasquez, Christin) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER
40

PRELIMINARY INJUNCTION ORDER(Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

RECAP
41

AO 435 TRANSCRIPT REQUEST by Valentine, King/Brandon Duke for Transcript of 04/16/2020. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Johnny Sanchez, filed. (Duke, Brandon) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
42

AO 435 TRANSCRIPT REQUEST by Valentine, King/Brandon Duke for Transcript of April 13 and April 14, 2020. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Johnny Sanchez, filed. (Duke, Brandon) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
43

AO 435 TRANSCRIPT REQUEST by TDCJ/Christin Cobe Vasquez for Transcript of Telephone Conference, 04/06/2020, Judge Keith Ellison. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Johnny Sanchez, filed. (Cobe Vasquez, Christin) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
44

AO 435 TRANSCRIPT REQUEST by TDCJ/Christin Cobe Vasquez for Transcript of Telephonic Hearing, 04/16/2020, Judge Keith Ellison. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Johnny Sanchez, filed. (Cobe Vasquez, Christin) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
45

NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: 40 Preliminary Injunction by Bryan Collier, Robert Herrera, Texas Department Of Criminal Justice (Filing fee $ 505, receipt number 0541-24561957), filed.(Cobe Vasquez, Christin) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
46

Opposed EMERGENCY MOTION( Motion Docket Date 5/8/2020.), MOTION to Stay Pending Appeal by Bryan Collier, Robert Herrera, Texas Department Of Criminal Justice, filed. (Cobe Vasquez, Christin) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

RECAP
47

ORDER granting 46 five- day stay of Preliminary Injunction Order.(Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

RECAP
48

REPLY to 1 Amended Complaint/Counterclaim/Crossclaim etc., filed by Richard Elvin King, Laddy Curtis Valentine. (Duke, Brandon) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

RECAP
49

Order of USCA re: 45 Notice of Appeal, ; USCA No. 20-20207. It is ordered that plaintiffs-appellees be directed to file a response to the emergency motion for stay no later than Sunday, April 19, 2020, filed.(JenniferLongoria, 1) (Entered: 04/20/2020)

April 17, 2020

April 17, 2020

RECAP
50

Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: 45 Notice of Appeal,. Fee status: Paid. Reporter(s): J. Sanchez, filed. (Attachments: # 1 Notice of Appeal) (mperez, 1) (Entered: 04/20/2020)

1 Notice of Appeal

View on RECAP

April 20, 2020

April 20, 2020

PACER

Appeal Review Notes

April 20, 2020

April 20, 2020

PACER

Appeal Review Notes re: 45 Notice of Appeal,. Fee status: Paid. The appeal filing fee has been paid or an ifp motion has been granted.Hearings were held in the case. DKT13 transcript order form(s) due within 14 days of the filing of the notice of appeal. Number of DKT-13 Forms expected: 1, filed.(mperez, 1)

April 20, 2020

April 20, 2020

PACER
51

MEMORANDUM AND ORDER re: 40 Preliminary Injunction Order(Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4) (Main Document 51 replaced on 4/21/2020) (arrivera, 4). (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

RECAP

Scheduling Conference

April 21, 2020

April 21, 2020

PACER
52

AO 435 TRANSCRIPT REQUEST by TDCJ/Christin Cobe Vasquez for Transcript of Telephone Conference, 04/02/2020, before Judge Keith Ellison. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Johnny Sanchez, filed. (Cobe Vasquez, Christin) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
53

MOTION to Dismiss Pursuant to Rule 12(b) by Bryan Collier, Robert Herrera, Texas Department Of Criminal Justice, filed. Motion Docket Date 5/13/2020. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(Cobe Vasquez, Christin) (Entered: 04/22/2020)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Proposed Order

View on PACER

April 22, 2020

April 22, 2020

PACER
54

MOTION for Leave to File Excess Pages by Bryan Collier, Robert Herrera, Texas Department Of Criminal Justice, filed. Motion Docket Date 5/13/2020. (Attachments: # 1 Proposed Order)(Cobe Vasquez, Christin) (Entered: 04/22/2020)

1 Proposed Order

View on PACER

April 22, 2020

April 22, 2020

PACER
55

MOTION to Dismiss 54 MOTION for Leave to File Excess Pages Defendants Supplemental Motion to Dismiss Pursuant to Rule 12(b) by Bryan Collier, Robert Herrera, Texas Department Of Criminal Justice, filed. Motion Docket Date 5/13/2020. (Attachments: # 1 Proposed Order)(Cobe Vasquez, Christin) (Entered: 04/22/2020)

1 Proposed Order

View on PACER

April 22, 2020

April 22, 2020

PACER
56

ORDER granting 54 Motion for Leave to File Excess Pages.(Signed by Judge Keith P Ellison) Parties notified.(ShoshanaArnow, 4) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
57

MOTION for Appointment of Counsel by Laddy Curtis Valentine, filed. Motion Docket Date 5/15/2020. (Attachments: # 1 Cover Letter, # 2 Envelope)(dnoriega, 1) (Entered: 04/24/2020)

1 Cover Letter

View on PACER

2 Envelope

View on PACER

April 24, 2020

April 24, 2020

PACER
58

Opposed MOTION to Compel Emergency Identification of Second COVID-19 Case at the Pack Unit by Richard Elvin King, Laddy Curtis Valentine, filed. Motion Docket Date 5/15/2020. (Attachments: # 1 Exhibit 1 - Letter from J. Keville (April 17, 2020), # 2 Exhibit 2 - KBTX, Grimes County confirms another COVID-19 case at Pack Unit, # 3 Exhibit 3 - Email from C. Vasquez, # 4 Exhibit 4 - April 14, 2020 Hearing Transcript, # 5 Exhibit 5 - April 16, 2020 Hearing Transcript, # 6 Exhibit 6 - CDC, People who are at High Risk for Severe Illness, # 7 Exhibit 7 - Estimates of the severity of coronavirus disease 2019, # 8 Exhibit 8 - Grimes County, Eighth and Ninth Cases Confirmed for Grimes COunty, # 9 Proposed Order)(Edwards, Jeffrey) (Entered: 04/24/2020)

1 Exhibit 1 - Letter from J. Keville (April 17, 2020)

View on PACER

2 Exhibit 2 - KBTX, Grimes County confirms another COVID-19 case at Pack Unit

View on PACER

3 Exhibit 3 - Email from C. Vasquez

View on PACER

4 Exhibit 4 - April 14, 2020 Hearing Transcript

View on PACER

5 Exhibit 5 - April 16, 2020 Hearing Transcript

View on PACER

6 Exhibit 6 - CDC, People who are at High Risk for Severe Illness

View on PACER

7 Exhibit 7 - Estimates of the severity of coronavirus disease 2019

View on PACER

8 Exhibit 8 - Grimes County, Eighth and Ninth Cases Confirmed for Grimes COunty

View on PACER

9 Proposed Order

View on PACER

April 24, 2020

April 24, 2020

PACER
59

NOTICE of Setting as to 58 Opposed MOTION to Compel Emergency Identification of Second COVID-19 Case at the Pack Unit. Parties notified. Motion Hearing set for 4/27/2020 at 01:00 PM in by telephone before Judge Keith P Ellison, filed. (arrivera, 4) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
60

RESPONSE in Opposition to 58 Opposed MOTION to Compel Emergency Identification of Second COVID-19 Case at the Pack Unit, filed by Bryan Collier, Robert Herrera, Texas Department Of Criminal Justice. (Attachments: # 1 Proposed Order)(Cobe Vasquez, Christin) (Entered: 04/27/2020)

1 Proposed Order

View on PACER

April 27, 2020

April 27, 2020

RECAP
61

Order of USCA Per Curiam re: 45 Notice of Appeal, ; USCA No. 20-20207. For the foregoing reasons, TDCJ's motion to stay the preliminary injunction pending appeal is GRANTED. The appeal is EXPEDITED to the next available argument calendar, filed.(EdnitaPonce, 1) (Main Document 61 replaced on 4/28/2020) (EdnitaPonce, 1). (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
62

DKT13 TRANSCRIPT ORDER REQUEST by TDCJ/Christin Cobe Vasquez. Transcript is already on file in Clerks office regarding Telephone Conference, 04/02/20, 04/06/20, 04/13/20, 04/14/20, and 04/16/20. (No transcript is needed). Court Reporter/Transcriber: Johnny Sanchez. This order form relates to the following: Telephone Conference,, 45 Notice of Appeal, Telephone Conference,, Scheduling Conference,, Telephone Conference,,, filed. (Cobe Vasquez, Christin) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
63

DKT13 TRANSCRIPT ORDER REQUEST by Jason R. LaFond. This is to order a transcript of Telephone Conference on 4/2/20, 4/6/20, 4/13/20, and 4/14/20 before Judge Ellison. Court Reporter/Transcriber: Johnny Sanchez. This order form relates to the following: 45 Notice of Appeal,, filed.(EdnitaPonce, 1) (Entered: 04/28/2020)

April 27, 2020

April 27, 2020

PACER

Minute Entry for proceedings held before Judge Keith P Ellison. MOTION HEARING held on 4/27/2020. Argument heard on 58 Plaintiffs' Motion to Compel. Motion is taken under advisement. Appearances:Corinne Hockman, Cynthia Burton, Michael Murphy, Jeff Farrow, Kristen Worman, Denise Scofield, Michael Singley, David James. Christin Cobe Vasquez, Jeffrey S Edwards, Brandon W. Duke, John R Keville.(Court Reporter: J. Sanchez)(Law Clerk: J. Zhang), filed.(arrivera, 4)

April 27, 2020

April 27, 2020

PACER
64

APPEAL TRANSCRIPT re Telephone Conference held on April 2, 2020 before Judge Keith P Ellison. Court Reporter J. Sanchez. Ordering Party: Christin Vasquez. This transcript relates to the following: 52 AO435 Transcript Request,. Release of Transcript Restriction set for 7/27/2020., filed. (jsanchez, ) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER

Transmittal of Appeal (FORM, noticing) - Civil

April 28, 2020

April 28, 2020

PACER

Electronic Record on Appeal Certified

April 28, 2020

April 28, 2020

PACER
65

APPEAL TRANSCRIPT re Telephone Conference held on April 6, 2020 before Judge Keith P Ellison. Court Reporter J. Sanchez. Ordering Party: Christin Vasquez. This transcript relates to the following: 62 Appeal Transcript Request,. Release of Transcript Restriction set for 7/27/2020., filed. (jsanchez, ) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
66

APPEAL TRANSCRIPT re Telephone Conference held on April 13, 2020 before Judge Keith P Ellison. Court Reporter J. Sanchez. Ordering Party: Christin Vasquez. This transcript relates to the following: 62 Appeal Transcript Request,. Release of Transcript Restriction set for 7/27/2020., filed. (jsanchez, ) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
67

APPEAL TRANSCRIPT re Telephone Conference held on April 14, 2020 before Judge Keith P Ellison. Court Reporter J. Sanchez. Ordering Party: Christin Vasquez. This transcript relates to the following: 62 Appeal Transcript Request,. Release of Transcript Restriction set for 7/27/2020., filed. (jsanchez, ) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
68

APPEAL TRANSCRIPT re Telephone Conference held on April 16, 2020 before Judge Keith P Ellison. Court Reporter J. Sanchez. Ordering Party: Christin Vasquez. This transcript relates to the following: 62 Appeal Transcript Request,. Release of Transcript Restriction set for 7/27/2020., filed. (jsanchez, ) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
69

ORDER. (Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

RECAP

Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: 45 Notice of Appeal, USCA No. 20-20207, filed.(scastillo, 1)

April 28, 2020

April 28, 2020

PACER

Electronic Access to Record on Appeal Provided re: 45 Notice of Appeal, to Matthew Frederick, Kyle Hawkins, Jason LaFond. Attorneys of record at the Circuit may download the record from the Court of Appeals. (USCA No. 20-20207), filed.(scastillo, 1)

April 28, 2020

April 28, 2020

PACER
70

AO 435 TRANSCRIPT REQUEST by TDCJ/Christin Cobe Vasquez for Transcript of Motion Hearing on 4/27/20 before Judge Ellison. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Johnny Sanchez, filed. (Cobe Vasquez, Christin) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
71

Notice of Filing of Official Transcript as to 66 Transcript - Appeal, 67 Transcript - Appeal, 68 Transcript - Appeal, 65 Transcript - Appeal, 64 Transcript - Appeal,. Party notified, filed. (jdav, 4) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
72

TRANSCRIPT re: Telephone Conference held on April 27, 2020 before Judge Keith P Ellison. Court Reporter J. Sanchez. Ordering Party Christin Vasquez Release of Transcript Restriction set for 7/29/2020., filed. (jsanchez, ) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
73

Notice of Filing of Official Transcript as to 72 Transcript. Party notified, filed. (jdav, 4) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
74

NOTICE of Appearance by David R. Dow on behalf of John Balentine, Tony Egbuna Ford, Ruben Gutierrez, Travis Green, Joe Luna, William Michael Mason, filed. (Dow, David) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
75

NOTICE of Appearance by Jeffrey R. Newberry on behalf of John Balentine, Tony Egbuna Ford, Travis Green, Ruben Gutierrez, Joe Luna, William Michael Mason, filed. (Newberry, Jeffrey) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
76

MOTION to Intervene by John Balentine, Tony Egbuna Ford, Travis Green, Ruben Gutierrez, Joe Luna, William Michael Mason, filed. Motion Docket Date 5/22/2020. (Attachments: # 1 Exhibit Complaint)(Dow, David) (Entered: 05/01/2020)

1 Exhibit Complaint

View on RECAP

May 1, 2020

May 1, 2020

RECAP
77

Order of USCA re: 45 Notice of Appeal, ; USCA No. 20-20207. It is Ordered that appellants unopposed motion to view Sealed Documents is granted, filed.(dbenavides, 1) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
78

Transmittal Letter on Appeal re: 45 Notice of Appeal,. The sealed electronic record on CD is being sent to Kyle D. Hawkins (counsel for defendants) via regular mail. (USCA No. 20-20207), filed. (EdnitaPonce, 1) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
79

RESPONSE in Opposition to 29 MOTION to Modify Protective Order in the Cole v. Collier Litigation, filed by Bryan Collier, Robert Herrera, Texas Department Of Criminal Justice. (Attachments: # 1 Proposed Order)(Cobe Vasquez, Christin) (Entered: 05/06/2020)

1 Proposed Order

View on PACER

May 6, 2020

May 6, 2020

PACER
80

NOTICE of Setting. Parties notified. Status Conference set for 5/8/2020 at 11:00 AM in by telephone before Judge Keith P Ellison, filed. (arrivera, 4) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

RECAP

Motion Hearing

May 7, 2020

May 7, 2020

PACER
81

Opposed MOTION to Stay Discovery by Bryan Collier, Robert Herrera, Texas Department Of Criminal Justice, filed. Motion Docket Date 5/28/2020. (Attachments: # 1 Proposed Order)(Cobe Vasquez, Christin) (Entered: 05/07/2020)

1 Proposed Order

View on PACER

May 7, 2020

May 7, 2020

RECAP
82

REPLY in Support of 29 MOTION to Modify Protective Order in the Cole v. Collier Litigation, filed by Richard Elvin King, Laddy Curtis Valentine. (Edwards, Jeffrey) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
83

CERTIFICATE OF INTERESTED PARTIES by Richard Elvin King, Laddy Curtis Valentine, filed.(Keville, John) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER

Case Details

State / Territory: Texas

Case Type(s):

Prison Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: March 30, 2020

Closing Date: April 19, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates in the Texas Department of Criminal Justice Pack Unit - including a proposed General Class, a High-Risk Subclass and a Mobility-Impaired Subclass.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Texas Department of Criminal Justice (Huntsville, Walker), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Preliminary injunction / Temp. restraining order

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Preliminary relief granted

Issues

General:

Bathing and hygiene

Conditions of confinement

Sanitation / living conditions

Totality of conditions

Crowding:

Crowding / caseload

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Medical/Mental Health:

Medical care, general

Medical care, unspecified

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested

Type of Facility:

Government-run