Case: Sanchez v. Dallas County Sheriff

3:20-cv-00832 | U.S. District Court for the Northern District of Texas

Filed Date: April 9, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a class-action complaint brought on April 9, 2020, by nine detainees at the Dallas County Jail, who have either been infected with COVID-19 or are at risk due to underlying conditions, seeking release from detention due to the risks to their health in light of the virus. The court rejected the request for temporary restraining order on April 26. The plaintiffs amended their complaint, but the habeas claims were dismissed again on August 18. On September 25, defendants …

COVID-19 Summary: This is a class-action complaint brought on April 9, 2020, by nine detainees at the Dallas County Jail, who have either been infected with COVID-19 or are at risk due to underlying conditions, seeking release from detention due to the risks to their health in light of the virus. The court rejected the request for temporary restraining order on April 26. The plaintiffs amended their complaint, but the habeas claims were dismissed again on August 18. On September 25, defendants filed another motion to dismiss for lack of standing for the claims pertaining to one of the subclasses because those class members had been released. The defendants also filed a motion for summary judgment on June 4, 2021.


On April 9, 2020, nine individuals detained in Dallas County Jail petitioned for the release of all medically-vulnerable detainees and other detainees who are not medically-vulnerable to reduce the population of the jail so that a six-foot social distance can be maintained. Represented by the ACLU, Civil Rights Corps, and Next Generation Action Network, and private counsel, the plaintiffs brought this lawsuit as a habeas petition under 28 U.S.C. under § 2241, and as an injunctive action under 42 U.S.C. § 1983. Specifically, they alleged that their detention violates their Eighth and Fourteenth Amendment rights by subjecting them to a serious risk of contracting COVID-19. The plaintiffs sought a declaratory judgment that the detention conditions posed an unreasonable risk against the Fourteenth and Eighth Amendment rights. They also sought a temporary restraining order (TRO), injunctive relief, and a writ of habeas corpus ordering the identification and release of all class members identified as medically vulnerable and further as necessary to ensure reasonable safety. The case was filed in the U.S. District Court for the Northern District of Texas and assigned to Judge Ada Brown.

Plaintiff Oscar Sanchez, who is being held pretrial on multiple charges, has a history of severe chronic asthma and has begun to show symptoms that are consistent with COVID-19. The petition includes eight additional named plaintiffs who have either tested positive for COVID-19 or are at risk due to medical conditions. The plaintiffs pointed to the jump in a week from five reported COVID-19 infections of detainees and jail employees to almost 30 as of April 7, 2020, a lack of COVID-19 testing and failure to institute social distancing practices, failure to provide the necessary education and protective equipment for safety and hygiene, and failure to segregate detainees with symptoms and illness from other detainees and guards.

On April 12, the plaintiffs moved to certify the matter as a class action and proposed two classes. The “Pre-Adjudication Class” consisted of current and future detainees in pretrial custody at the Dallas County Jail and further divided with the “Medically-Vulnerable Pre-Adjudication Subclass.” “Medically-Vulnerable” is defined as those over the age of 50 and/or with experiences of medical conditions. The “Post-Adjudication Class” consisted of current and future detainees in post-adjudication custody at the Dallas County Jail, with a subclass of “Medically-Vulnerable Post-Adjudication Subclass.”

The State of Texas, Governor Greg Abbott (who issued an executive order on March 29 prohibiting local officials from releasing dangerous felons from jails), and Attorney General Ken Paxton filed a motion to intervene in the case the next day due to concerns of releasing criminals, including Billy Chemirmir, who they labeled as "possibly one of the state’s most prolific serial killers.”

In its motion to dismiss on April 15, the defendants argue that the federal court cannot grant the plaintiff’s motion because the inmates have not exhausted other avenues available to them, which they claimed was required under both the Prison Litigation Reform Act (PLRA) and the rules governing habeas.

The plaintiffs amended their petition with three additional detainees as plaintiffs on April 17. On April 20, the court granted the state's motion to intervene, and denied the defendants’ motion to dismiss. The plaintiffs’ motion for TRO, preliminary injunction, and writ of habeas corpus was denied on April 27. The Court concluded that it lacked jurisdiction over the plaintiffs’ habeas action. They also noted that the plaintiffs have not exhausted administrative, state court, and PLRA remedies. The court further pointed to concerns of federalism and separation of powers implicated in dictating policy for jail operations. 2020 WL 2615931.

On April 19, the defendants submitted an amended motion to dismiss. On August 18, the court granted the motion to dismiss in part and deferred in part, ruling that plaintiffs had not exhausted available state court remedies nor stated a claim for habeas relief because their claims raised questions unrelated to the causes of their detention, but deferred ruling on plaintiffs' § 1983 claims.

On September 25, defendants filed another motion to dismiss the Post-Adjudication Class claims for relief alleging that all of the named plaintiffs in that class had been released and therefore they lacked standing and their claims for § 1983 injunctive relief were moot. On October 26, the three intervening parties moved to withdraw, which was granted by the court the following day.

On April 6, the plaintiffs filed an amended motion to certify the class and on April 19, the court granted an unopposed motion to dismiss certain plaintiffs from the suit. On June 4, the defendants filed a motion for summary judgment. The court stayed the case pending rulings on the motions to dismiss and for summary judgment on July 14, 2021.

The case is ongoing.

Summary Authors

Averyn Lee (9/21/2020)

Chandler Hart-McGonigle (11/16/2020)

Zofia Peach (2/24/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17058818/parties/sanchez-v-dallas-county-sheriff/


Judge(s)

Brown, Ada Elene None (Texas)

Attorneys(s) for Plaintiff

Barnett, Barry C (Texas)

Buskey, Brandon (New York)

Choi, Sarah Sungha (District of Columbia)

Cloud, Megan Elizabeth (Texas)

Cole, Kim (Texas)

Fettig, Amy (District of Columbia)

Gervais, Michael (California)

Golvach, Sophia Helen (District of Columbia)

Grinter, Alison Johnston (Texas)

Judge(s)

Brown, Ada Elene None (Texas)

Attorneys(s) for Plaintiff

Barnett, Barry C (Texas)

Buskey, Brandon (New York)

Choi, Sarah Sungha (District of Columbia)

Cloud, Megan Elizabeth (Texas)

Cole, Kim (Texas)

Fettig, Amy (District of Columbia)

Gervais, Michael (California)

Golvach, Sophia Helen (District of Columbia)

Grinter, Alison Johnston (Texas)

Hill, Henderson (North Carolina)

Hubbard, Katherine (District of Columbia)

Klosterboer, Brian (Texas)

Kuhlik, Lauren (District of Columbia)

Kumar, Savannah (Texas)

Miller, Ron (Texas)

Pinon, Adriana (Texas)

Rosenbloom, Nancy (New York)

Rossi, Elizabeth Anne (District of Columbia)

Ryan, Elizabeth Y (Texas)

Safwat, Adam Gasser (District of Columbia)

Segura, Andre (Texas)

Virgien, Kyle A. Mitchell (New York)

Weisberg, Liza (New York)

Woods, Andrea (New York)

Attorneys(s) for Defendant

Albright, Thomas A. (Texas)

Bangert, Ryan L (Texas)

Biggs, Adam Arthur (Texas)

Butrus, John J Jr. (Texas)

Daaboul, Rola (Texas)

David, Katharine Davenport (Texas)

Mateer, Jeffrey C (Texas)

McCarty, Darren L. (Texas)

Paxton, Ken (Texas)

Roden, Russell H (Texas)

Schuette, J G (Texas)

Stephens, Benjamin R (Texas)

Stepp, Nicholas David (Texas)

Toback, Matthew (Texas)

Other Attorney(s)

Borum, Winston L (Texas)

Eichman, John C. (Texas)

Expert/Monitor/Master

Asante, Adwoa (Texas)

Dickerson, Keta (Texas)

Fly, Amy (Pennsylvania)

Jones, Patrick (Texas)

Kahan, Andy (Texas)

Lofgren, Eric T (Washington)

Rushin, Gregory W (Texas)

Documents in the Clearinghouse

Document

Docket [PACER]

Sept. 14, 2021 Docket
1 & 1-1 to 1-11

Petition for Writ of Habeas Corpus and Class Action Complaint for Injunctive and Declaratory Relief

April 9, 2020 Complaint
2 & 2-1 & 2-2 & 3 & 3-1 to 3-9 & 4

Plaintiffs’/Petitioners’ Motion for a Temporary Restraining Order, Preliminary Injunction and Writ of Habeas Corpus

April 9, 2020 Pleading / Motion / Brief
17 & 17-1 & 18 & 18-1 & 18-2

Plaintiffs' Motion for Class Certification

April 12, 2020 Pleading / Motion / Brief
26 & 26-1 & 27 & 27-1 to 27-15

Motion to Intervene by the State of Texas, Governor of Texas, and Attorney General of Texas

April 13, 2020 Pleading / Motion / Brief
37 & 37-1 to 37-4

Amended Declaration of Alison Grinter

April 15, 2020 Declaration/Affidavit
34 & 34-1 to 34-3

Defendants' Response to Motion for Temporary Restraining Order, Preliminary Injunction, and Writ of Habeas Corpus

Sanchez v. Sheriff Marian Brown

April 15, 2020 Pleading / Motion / Brief
36 & 36-1

Brief in Support of Defendant's Motion to Dismiss

April 15, 2020 Pleading / Motion / Brief
35 & 35-1

Motion to Dismiss

April 15, 2020 Pleading / Motion / Brief
33 & 33-1 to 33-3

State Intervenors' (1) Motion to Dismiss; (2) Opposition to Plaintiffs'/Petitioners' Motion for a Temporary Restraining Order, Preliminary Injunction, and Writ of Habeas Corpus; and (3) Opposition to Plaintiffs' Motion for Class Certification

April 15, 2020 Pleading / Motion / Brief

Resources

Title Description External URL

Sanchez et al v. Dallas County Sheriff et al

ACLU

Decarceration has always been an emergency, a life and death proposition, but COVID-19 makes this effort intensely urgent. The ACLU has been working with our partners to litigate for the rights of th… April 13, 2020 https://www.aclu.org/cases/sanchez-et-al-v-dallas-county-sheriff-et-al

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17058818/sanchez-v-dallas-county-sheriff/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link

Cert. Of Interested Persons/Disclosure Statement

April 9, 2020 PACER
1

PETITION for Writ of Habeas Corpus filed by Paul Wright, Jose Munoz, Tesmond McDonald, Roger Morrison, Oscar Sanchez, Marcelo Perez, Terry McNickels, Marcus White. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. (Filing fee $5; receipt number 0539-10758526) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Cover Sheet Supplement, # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s), # 7 Exhibit(s), # 8 Exhibit(s), # 9 Exhibit(s), # 10 Exhibit(s), # 11 Exhibit(s)) (Barnett, Barry) (Entered: 04/09/2020)

1 Cover Sheet Supplement

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April 9, 2020 RECAP
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MOTION for Temporary Restraining Order Preliminary Injunction and Writ of Habeas Corpus filed by Keith Baker, Tesmond McDonald, Terry McNickels, Roger Morrison, Jose Munoz, Marcelo Perez, Oscar Sanchez, Marcus White, Paul Wright (Attachments: # 1 Proposed Order, # 2 Proposed Order) (Barnett, Barry) (Entered: 04/09/2020)

1 Proposed Order

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2 Proposed Order

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April 9, 2020 RECAP
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Brief/Memorandum in Support filed by Keith Baker, Tesmond McDonald, Terry McNickels, Roger Morrison, Jose Munoz, Marcelo Perez, Oscar Sanchez, Marcus White, Paul Wright re 2 MOTION for Temporary Restraining Order Preliminary Injunction and Writ of Habeas Corpus (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s), # 7 Exhibit(s), # 8 Exhibit(s), # 9 Exhibit(s)) (Barnett, Barry) (Entered: 04/09/2020)

1 Exhibit(s)

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9 Exhibit(s)

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April 9, 2020 PACER
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Appendix in Support filed by Tesmond McDonald, Terry McNickels, Roger Morrison, Jose Munoz, Marcelo Perez, Oscar Sanchez, Marcus White, Paul Wright re 3 Brief/Memorandum in Support of Motion, for Temporary Restraining Order, Preliminary Injunction and Writ of Habeas Corpus (Barnett, Barry) (Entered: 04/09/2020)

April 9, 2020 PACER

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Keith Baker, Tesmond McDonald, Terry McNickels, Roger Morrison, Jose Munoz, Marcelo Perez, Oscar Sanchez, Marcus White, Paul Wright. (See Document 1 for Image) (oyh)

April 9, 2020 PACER
7

New Case Notes: A filing fee has been paid. CASREF case referral set and case referred to Magistrate Judge Ramirez (see Special Order 3). Case received over counter/electronically. No prior sanctions found. (For court use only - links to the national and circuit indexes.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ramirez). Clerk to provide copy to plaintiff if not received electronically. Motion(s) referred to Magistrate Judge Irma Carrillo Ramirez. (oyh) (Entered: 04/10/2020)

April 9, 2020 RECAP
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Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Andrea Woods (Filing fee $100; Receipt number 0539-10759228) filed by Tesmond McDonald, Terry McNickels, Roger Morrison, Jose Munoz, Marcelo Perez, Oscar Sanchez, Marcus White, Paul Wright Attorney Andrea Woods added to party Tesmond McDonald(pty:pla), Attorney Andrea Woods added to party Terry McNickels(pty:pla), Attorney Andrea Woods added to party Roger Morrison(pty:pla), Attorney Andrea Woods added to party Jose Munoz(pty:pla), Attorney Andrea Woods added to party Marcelo Perez(pty:pla), Attorney Andrea Woods added to party Oscar Sanchez(pty:pla), Attorney Andrea Woods added to party Marcus White(pty:pla), Attorney Andrea Woods added to party Paul Wright(pty:pla) (Woods, Andrea) (Entered: 04/10/2020)

April 10, 2020 RECAP
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Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-10759415) filed by Oscar Sanchez Attorney Brandon Buskey added to party Oscar Sanchez(pty:pla) (Buskey, Brandon) (Entered: 04/10/2020)

April 10, 2020 PACER
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Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-10760073) filed by Keith Baker, Tesmond McDonald, Terry McNickels, Roger Morrison, Jose Munoz, Marcelo Perez, Oscar Sanchez, Marcus White, Paul Wright (Attachments: # 1 Exhibit(s) A - Certificate of Good Standing, # 2 Proposed Order)Attorney Elizabeth Rossi added to party Keith Baker(pty:pla), Attorney Elizabeth Rossi added to party Tesmond McDonald(pty:pla), Attorney Elizabeth Rossi added to party Terry McNickels(pty:pla), Attorney Elizabeth Rossi added to party Roger Morrison(pty:pla), Attorney Elizabeth Rossi added to party Jose Munoz(pty:pla), Attorney Elizabeth Rossi added to party Marcelo Perez(pty:pla), Attorney Elizabeth Rossi added to party Oscar Sanchez(pty:pla), Attorney Elizabeth Rossi added to party Marcus White(pty:pla), Attorney Elizabeth Rossi added to party Paul Wright(pty:pla) (Rossi, Elizabeth) (Entered: 04/10/2020)

1 Exhibit(s) A - Certificate of Good Standing

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2 Proposed Order

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April 10, 2020 PACER
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Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-10760102) filed by Keith Baker, Tesmond McDonald, Terry McNickels, Roger Morrison, Jose Munoz, Marcelo Perez, Oscar Sanchez, Marcus White, Paul Wright (Attachments: # 1 Certificate of Good Standing)Attorney Amy B Fettig added to party Keith Baker(pty:pla), Attorney Amy B Fettig added to party Tesmond McDonald(pty:pla), Attorney Amy B Fettig added to party Terry McNickels(pty:pla), Attorney Amy B Fettig added to party Roger Morrison(pty:pla), Attorney Amy B Fettig added to party Jose Munoz(pty:pla), Attorney Amy B Fettig added to party Marcelo Perez(pty:pla), Attorney Amy B Fettig added to party Oscar Sanchez(pty:pla), Attorney Amy B Fettig added to party Marcus White(pty:pla), Attorney Amy B Fettig added to party Paul Wright(pty:pla) (Fettig, Amy) (Entered: 04/10/2020)

1 Certificate of Good Standing

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April 10, 2020 PACER
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ELECTRONIC ORDER granting 5 Application for Admission Pro Hac Vice of Andrea Woods. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ada Brown on 4/10/2020) (chmb) (Entered: 04/10/2020)

April 10, 2020 PACER
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ELECTRONIC ORDER granting 8 Application for Admission Pro Hac Vice of Elizabeth Rossi. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ada Brown on 4/10/2020) (chmb) (Entered: 04/10/2020)

April 10, 2020 PACER
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ELECTRONIC ORDER granting 9 Application for Admission Pro Hac Vice of Amy Fettig. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ada Brown on 4/10/2020) (chmb) (Entered: 04/10/2020)

April 10, 2020 PACER
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ELECTRONIC ORDER granting 6 Application for Admission Pro Hac Vice of Brandon Buskey. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ada Brown on 4/10/2020) (chmb) (Entered: 04/10/2020)

April 10, 2020 PACER
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ORDER: The Court orders an expedited briefing schedule on the motion as follows: Responses due by 4/15/2020. Replies due by 4/17/2020. Motion Hearing set for 4/21/2020 10:00 AM before Judge Ada Brown. re: 2 MOTION for Temporary Restraining Order Preliminary Injunction and Writ of Habeas Corpus. Plaintiffs' counsel is ordered to immediately serve a copy of this Order, along with a copy of the Petition for Writ of Habeas Corpus and Class Action Complaint for Injunctive and Declaratory Relief and a copy of the Motion for Temporary Restraining Order, Preliminary Injunction, and Writ of Habeas Corpus, on Defendants as soon as possible and to provide the Court with verification that they have done so. (Ordered by Judge Ada Brown on 4/10/2020) (ykp) (Entered: 04/10/2020)

April 10, 2020 RECAP
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ELECTRONIC Notice of Hearing Telephone Conference (status Conference via phone) set for 4/14/2020 10:00 AM before Judge Ada Brown. Instructions will be sent out on Monday 4/13/2020. (chmb) (Entered: 04/10/2020)

April 10, 2020 PACER
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NOTICE of Verification of Service re: 14 Order Setting Deadline/Hearing filed by Keith Baker, Tesmond McDonald, Terry McNickels, Roger Morrison, Jose Munoz, Marcelo Perez, Oscar Sanchez, Marcus White, Paul Wright. (Barnett, Barry) (Entered: 04/10/2020)

April 10, 2020 RECAP
17

MOTION to Certify Class filed by Keith Baker, Tesmond McDonald, Terry McNickels, Roger Morrison, Jose Munoz, Marcelo Perez, Oscar Sanchez, Marcus White, Paul Wright with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Woods, Andrea) (Entered: 04/12/2020)

1 Proposed Order

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April 12, 2020 PACER
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Brief/Memorandum in Support filed by Keith Baker, Tesmond McDonald, Terry McNickels, Roger Morrison, Jose Munoz, Marcelo Perez, Oscar Sanchez, Marcus White, Paul Wright re 17 MOTION to Certify Class (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2) (Woods, Andrea) (Entered: 04/12/2020)

1 Exhibit(s) 1

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2 Exhibit(s) 2

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April 12, 2020 RECAP

Add and Terminate Judges

April 13, 2020 PACER

Case referral to the magistrate judge terminated. (lrl)

April 13, 2020 PACER
19

NOTICE of Attorney Appearance by Ben Stephens on behalf of Marian Brown, Dallas County Texas. (Filer confirms contact info in ECF is current.) (Stephens, Ben) (Entered: 04/13/2020)

April 13, 2020 PACER
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NOTICE of Attorney Appearance by Nicholas David Stepp on behalf of Marian Brown, Dallas County Texas. (Filer confirms contact info in ECF is current.) (Stepp, Nicholas) (Entered: 04/13/2020)

April 13, 2020 PACER
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NOTICE of Attorney Appearance by Katharine D David on behalf of Marian Brown, Dallas County Texas. (Filer confirms contact info in ECF is current.) (David, Katharine) (Entered: 04/13/2020)

April 13, 2020 PACER
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NOTICE of Attorney Appearance by Katharine D David for Russell H. Roden on behalf of Marian Brown, Dallas County Texas. (David, Katharine) (Entered: 04/13/2020)

April 13, 2020 PACER
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NOTICE of Attorney Appearance by Katharine D David for John Butrus on behalf of Marian Brown, Dallas County Texas. (David, Katharine) (Entered: 04/13/2020)

April 13, 2020 PACER
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Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-10763349) filed by Keith Baker, Tesmond McDonald, Terry McNickels, Roger Morrison, Jose Munoz, Marcelo Perez, Oscar Sanchez, Marcus White, Paul Wright Attorney Michael Gervais added to party Keith Baker(pty:pla), Attorney Michael Gervais added to party Tesmond McDonald(pty:pla), Attorney Michael Gervais added to party Terry McNickels(pty:pla), Attorney Michael Gervais added to party Roger Morrison(pty:pla), Attorney Michael Gervais added to party Jose Munoz(pty:pla), Attorney Michael Gervais added to party Marcelo Perez(pty:pla), Attorney Michael Gervais added to party Oscar Sanchez(pty:pla), Attorney Michael Gervais added to party Marcus White(pty:pla), Attorney Michael Gervais added to party Paul Wright(pty:pla) (Gervais, Michael) (Entered: 04/13/2020)

April 13, 2020 PACER
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Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Henderson Hill (Filing fee $100; Receipt number 0539-10763951) filed by Keith Baker, Tesmond McDonald, Terry McNickels, Roger Morrison, Jose Munoz, Marcelo Perez, Oscar Sanchez, Marcus White, Paul Wright (Attachments: # 1 Proposed Order) (Barnett, Barry) (Entered: 04/13/2020)

1 Proposed Order

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April 13, 2020 PACER
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MOTION to Intervene filed by State of Texas, Greg Abbott, Ken Paxton (Attachments: # 1 Proposed Order). Party The State of Texas, Greg Abbott, Governor of the State of Texas, and Ken Paxton, Attorney General of Texas added.Attorney Adam Arthur Biggs added to party State of Texas(pty:intv), Attorney Adam Arthur Biggs added to party Greg Abbott(pty:intv), Attorney Adam Arthur Biggs added to party Ken Paxton(pty:intv) (Biggs, Adam) (Entered: 04/13/2020)

1 Proposed Order

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April 13, 2020 RECAP
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Brief/Memorandum in Support filed by Greg Abbott, Ken Paxton, State of Texas re 26 MOTION to Intervene (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5, # 6 Exhibit(s) 6, # 7 Exhibit(s) 7, # 8 Exhibit(s) 8, # 9 Exhibit(s) 9, # 10 Exhibit(s) 10, # 11 Exhibit(s) 11, # 12 Exhibit(s) 12, # 13 Exhibit(s) 13, # 14 Exhibit(s) 14, # 15 Exhibit(s) 15) (Biggs, Adam) (Entered: 04/13/2020)

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April 13, 2020 RECAP
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NOTICE of Opposition re: 1 Petition for Writ of Habeas Corpus,,,,, filed by Greg Abbott, Ken Paxton, State of Texas (Biggs, Adam) (Entered: 04/13/2020)

April 13, 2020 RECAP
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ELECTRONIC Minute Entry for proceedings held before Judge Ada Brown: Telephone Conference held on 4/14/2020. Attorney Appearances: Plaintiff - Barry Barnett, Alison Grinter, Amy Fettig, Andrea Woods, Brian Klosterboer, Elizabeth Rossi, Henderson Hill, Michael Gervais; Defense - Kate David, Ben Stephens, John Butrus; Intervenor - Adam Biggs. (Court Reporter: Nikki Barr) (No exhibits) Time in Court - 01:01. (chmb) (Entered: 04/14/2020)

April 14, 2020 PACER
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ELECTRONIC ORDER granting 25 Application for Admission Pro Hac Vice of Henderson Hill. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ada Brown on 4/14/2020) (chmb) (Entered: 04/14/2020)

April 14, 2020 PACER
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NOTICE of Advisory of Ruling in Harris County Bail Case filed by Keith Baker, Tesmond McDonald, Terry McNickels, Roger Morrison, Jose Munoz, Marcelo Perez, Oscar Sanchez, Marcus White, Paul Wright (Barnett, Barry) (Entered: 04/15/2020)

April 15, 2020 RECAP
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ELECTRONIC ORDER granting 24 Application for Admission Pro Hac Vice of Michael Gervais. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ada Brown on 4/15/2020) (chmb) (Entered: 04/15/2020)

April 15, 2020 PACER
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RESPONSE filed by Greg Abbott, Ken Paxton, State of Texas re: 17 MOTION to Certify Class, 2 MOTION for Temporary Restraining Order Preliminary Injunction and Writ of Habeas Corpus (Attachments: # 1 Exhibit(s) 1, # 2 Proposed Order Denying Plaintiffs/Petitioners Motion for a Temporary Restraining Order, Preliminary Injunction, and Writ of Habeas Corpus, and Plaintiffs Motion for Class Certification, # 3 Proposed Order Granting State Intervenors Motion to Dismiss Under Fed. R. Civ. P. 12(b)(6)) (Biggs, Adam) (Entered: 04/15/2020)

1 Exhibit(s) 1

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2 Proposed Order Denying Plaintiffs/Petitioners Motion for a Temporary Restraining

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3 Proposed Order Granting State Intervenors Motion to Dismiss Under Fed. R. Civ. P

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April 15, 2020 PACER
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RESPONSE filed by Marian Brown, Dallas County Texas re: 2 MOTION for Temporary Restraining Order Preliminary Injunction and Writ of Habeas Corpus (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C) (David, Katharine) (Entered: 04/15/2020)

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April 15, 2020 PACER
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MOTION to Dismiss filed by Marian Brown, Dallas County Texas (Attachments: # 1 Proposed Order) (David, Katharine) (Entered: 04/15/2020)

1 Proposed Order

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April 15, 2020 PACER
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Brief/Memorandum in Support filed by Marian Brown, Dallas County Texas re 35 MOTION to Dismiss (Attachments: # 1 Exhibit(s) 1) (David, Katharine) (Entered: 04/15/2020)

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April 15, 2020 PACER
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ADDITIONAL ATTACHMENTS to 1 Petition for Writ of Habeas Corpus,,,,, by Plaintiffs Keith Baker, Tesmond McDonald, Terry McNickels, Roger Morrison, Jose Munoz, Marcelo Perez, Oscar Sanchez, Marcus White, Paul Wright. (Attachments: # 1 Exhibit(s) Ex A to Amended Grinter Dec, # 2 Exhibit(s) Ex B to Amended Grinter Dec, # 3 Exhibit(s) Ex C to Amended Grinter Dec, # 4 Exhibit(s) Ex D to Amended Grinter Dec) (Woods, Andrea) (Entered: 04/15/2020)

1 Exhibit(s) Ex A to Amended Grinter Dec

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2 Exhibit(s) Ex B to Amended Grinter Dec

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3 Exhibit(s) Ex C to Amended Grinter Dec

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4 Exhibit(s) Ex D to Amended Grinter Dec

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April 15, 2020 PACER
38

NOTICE of re Plaintiff's First Amended Petition for Writ of Habeas Corpus and Class Action Complaint for Injunctive and Declaratory Relief filed by Keith Baker, Tesmond McDonald, Terry McNickels, Roger Morrison, Jose Munoz, Marcelo Perez, Oscar Sanchez, Marcus White, Paul Wright (Attachments: # 1 Exhibit(s)) (Barnett, Barry) (Entered: 04/17/2020)

1 Exhibit(s)

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April 17, 2020 RECAP
39

First AMENDED Petition for Writ of Habeas Corpus and Class Action Complaint for Injunctive and Declaratory Relief against All Defendants filed by Jose Munoz, Keith Baker, Roger Morrison, Oscar Sanchez, Marcelo Perez, Terry McNickels, Paul Wright, Tesmond McDonald, Marcus White, Ideare Bailey, Olivia Yarborough, Olivia Washington. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Declaration(s), # 2 Declaration(s), # 3 Declaration(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s), # 7 Exhibit(s), # 8 Exhibit(s), # 9 Exhibit(s), # 10 Exhibit(s), # 11 Exhibit(s), # 12 Exhibit(s), # 13 Exhibit(s)) (Barnett, Barry) (Entered: 04/17/2020)

1 Declaration(s)

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2 Declaration(s)

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3 Declaration(s)

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4 Exhibit(s)

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5 Exhibit(s)

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6 Exhibit(s)

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7 Exhibit(s)

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8 Exhibit(s)

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9 Exhibit(s)

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10 Exhibit(s)

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11 Exhibit(s)

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12 Exhibit(s)

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13 Exhibit(s)

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April 17, 2020 RECAP
40

ORDER: The Courts 4/21/2020, hearing on Doc. No. 2 will take place by video at 10:00 A.M. The parties have been instructed on how to participate in the video hearing. Members of the media or public may access audio of the hearing through the following link: http://76.187.100.68:8000. (Ordered by Judge Ada Brown on 4/17/2020) (chmb) (Entered: 04/17/2020)

April 17, 2020 RECAP
41

MOTION for Protective Order and HIPAA Qualified Protective Order filed by Marian Brown, Dallas County Texas (Attachments: # 1 Exhibit(s) Protective Order, # 2 Exhibit(s) HIPAA Protective Order) (David, Katharine) (Entered: 04/17/2020)

1 Exhibit(s) Protective Order

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2 Exhibit(s) HIPAA Protective Order

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April 17, 2020 PACER
42

MOTION for Order Authorizing the Release of Criminal History Record Information filed by Marian Brown, Dallas County Texas (David, Katharine) (Entered: 04/17/2020)

April 17, 2020 PACER
43

NOTICE of Advisory of Preliminary Injunction in COVID-19 Case Against TDCJ filed by Ideare Bailey, Keith Baker, Tesmond McDonald, Terry McNickels, Roger Morrison, Jose Munoz, Marcelo Perez, Oscar Sanchez, Olivia Washington, Marcus White, Paul Wright, Kiara Yarborough (Attachments: # 1 Exhibit(s), # 2 Exhibit(s)) (Barnett, Barry) (Entered: 04/17/2020)

1 Exhibit(s)

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2 Exhibit(s)

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April 17, 2020 PACER
44

RESPONSE filed by Ideare Bailey, Keith Baker, Tesmond McDonald, Terry McNickels, Roger Morrison, Jose Munoz, Marcelo Perez, Oscar Sanchez, Olivia Washington, Marcus White, Paul Wright, Kiara Yarborough re: 26 MOTION to Intervene (Barnett, Barry) (Entered: 04/17/2020)

April 17, 2020 PACER
45

***UNFILED per 49 Order*** MOTION for Leave to File Motion for Leave to File Brief in Excess of 10 Pages filed by Ideare Bailey, Keith Baker, Tesmond McDonald, Terry McNickels, Roger Morrison, Jose Munoz, Marcelo Perez, Oscar Sanchez, Olivia Washington, Marcus White, Paul Wright, Kiara Yarborough with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Barnett, Barry) Modified on 4/18/2020 (chmb). (Entered: 04/17/2020)

1 Proposed Order

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April 17, 2020 PACER
46

Brief/Memorandum in Support filed by Ideare Bailey, Keith Baker, Tesmond McDonald, Terry McNickels, Roger Morrison, Jose Munoz, Marcelo Perez, Oscar Sanchez, Olivia Washington, Marcus White, Paul Wright, Kiara Yarborough re 45 MOTION for Leave to File Motion for Leave to File Brief in Excess of 10 Pages (Barnett, Barry) (Entered: 04/17/2020)

April 17, 2020 PACER
47

REPLY filed by Ideare Bailey, Keith Baker, Tesmond McDonald, Terry McNickels, Roger Morrison, Jose Munoz, Marcelo Perez, Oscar Sanchez, Olivia Washington, Marcus White, Paul Wright, Kiara Yarborough re: 45 MOTION for Leave to File Motion for Leave to File Brief in Excess of 10 Pages, 2 MOTION for Temporary Restraining Order Preliminary Injunction and Writ of Habeas Corpus (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s), # 7 Exhibit(s), # 8 Exhibit(s), # 9 Exhibit(s)) (Barnett, Barry) (Entered: 04/18/2020)

1 Exhibit(s)

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2 Exhibit(s)

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3 Exhibit(s)

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4 Exhibit(s)

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5 Exhibit(s)

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6 Exhibit(s)

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7 Exhibit(s)

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8 Exhibit(s)

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9 Exhibit(s)

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April 18, 2020 RECAP
48

ELECTRONIC ORDER granting 41 Motion for Protective Order; granting 42 Motion for Order Authorizing the Release of Criminal History Record Information. (Ordered by Judge Ada Brown on 4/18/2020) (chmb) (Entered: 04/18/2020)

April 18, 2020 PACER
49

ELECTRONIC Order Unfiling 45 Motion for Leave to File Brief in Excess of 10 Pages. Plaintiff's 45 Motion for Leave to File Brief in Excess of 10 Pages does not comply with Northern District of Texas Civil Local Rule 7.1(b). The Court orders Plaintiffs to refile a motion that complies with Rule 7.1(b) and which indicates whether the motion is opposed or unopposed. (Ordered by Judge Ada Brown on 4/18/2020) (chmb) (Entered: 04/18/2020)

April 18, 2020 PACER
50

MOTION for Leave to File Brief in Excess of 10 Pages filed by Ideare Bailey, Keith Baker, Tesmond McDonald, Terry McNickels, Roger Morrison, Jose Munoz, Marcelo Perez, Oscar Sanchez, Olivia Washington, Marcus White, Paul Wright, Kiara Yarborough (Barnett, Barry) (Entered: 04/18/2020)

April 18, 2020 RECAP
51

ELECTRONIC ORDER granting 50 Motion for Leave to File Brief in Excess of 10 Pages. Reply brief filed as docket entry 47 . (Ordered by Judge Ada Brown on 4/18/2020) (chmb) (Entered: 04/18/2020)

April 18, 2020 PACER
57

AGREED HIPAA QUALIFIED PROTECTIVE ORDER. (Ordered by Judge Ada Brown on 4/18/2020) (axm) (Entered: 04/20/2020)

April 18, 2020 RECAP
58

AGREED PROTECTIVE ORDER. (Ordered by Judge Ada Brown on 4/18/2020) (axm) (Entered: 04/20/2020)

April 18, 2020 RECAP
52

CERTIFICATE OF SERVICE by Ideare Bailey, Keith Baker, Tesmond McDonald, Terry McNickels, Roger Morrison, Jose Munoz, Marcelo Perez, Oscar Sanchez, Olivia Washington, Marcus White, Paul Wright, Kiara Yarborough Regarding Service of Subpoena for April 21 Hearing (Attachments: # 1 Exhibit(s), # 2 Exhibit(s)) (Barnett, Barry) (Entered: 04/19/2020)

1 Exhibit(s)

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2 Exhibit(s)

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April 19, 2020 PACER
53

Amended MOTION to Dismiss filed by Marian Brown, Dallas County Texas (Attachments: # 1 Proposed Order Granting Motion to Dismiss) (David, Katharine) (Entered: 04/19/2020)

1 Proposed Order Granting Motion to Dismiss

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April 19, 2020 PACER
54

Brief/Memorandum in Support filed by Marian Brown, Dallas County Texas re 53 Amended MOTION to Dismiss (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4) (David, Katharine) (Entered: 04/19/2020)

1 Exhibit(s) 1

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2 Exhibit(s) 2

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3 Exhibit(s) 3

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4 Exhibit(s) 4

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April 19, 2020 PACER
55

REPLY filed by Greg Abbott, Ken Paxton, State of Texas re: 26 MOTION to Intervene (Biggs, Adam) (Entered: 04/19/2020)

April 19, 2020 RECAP
56

AMENDED ELECTRONIC ORDER re: 40 Order. So the Parties will be able to fully present evidence during the hearing, the Court is changing the format for the remote participation of the attorneys and witnesses with speaking roles in the hearing. The VTC format does not allow for desktop sharing of documents, while the CMS system does. So the parties can show documents to the Court during the hearing and so the Court can view evidence the Parties wish to present during the hearing, the Court will have the Parties and witnesses with speaking roles participate by CMS rather than VTC. (There is no change to the time and date. The hearing will still take place on 4/21/2020 at 10:00 A.M.) (Ordered by Judge Ada Brown on 4/20/2020) (chmb) (Entered: 04/20/2020)

April 20, 2020 PACER
59

Sur-reply filed by Ideare Bailey, Keith Baker, Tesmond McDonald, Terry McNickels, Roger Morrison, Jose Munoz, Marcelo Perez, Oscar Sanchez, Olivia Washington, Marcus White, Paul Wright, Kiara Yarborough re: 26 MOTION to Intervene (Barnett, Barry) (Entered: 04/20/2020)

April 20, 2020 RECAP
60

Motion for Leave to File Sur-reply filed by Ideare Bailey, Keith Baker, Tesmond McDonald, Terry McNickels, Roger Morrison, Jose Munoz, Marcelo Perez, Oscar Sanchez, Olivia Washington, Marcus White, Paul Wright, Kiara Yarborough re: 26 MOTION to Intervene (Attachments: # 1 Exhibit(s), # 2 Proposed Order) (Barnett, Barry) Modified event to match title on 4/20/2020 (chmb). (Entered: 04/20/2020)

1 Exhibit(s)

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2 Proposed Order

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April 20, 2020 PACER
61

MOTION for Leave to File Brief in Excess of 25 pagesre Plaintiffs' Omnibus Brief filed by Ideare Bailey, Keith Baker, Tesmond McDonald, Terry McNickels, Roger Morrison, Jose Munoz, Marcelo Perez, Oscar Sanchez, Olivia Washington, Marcus White, Paul Wright, Kiara Yarborough (Attachments: # 1 Proposed Order) (Barnett, Barry) (Entered: 04/20/2020)

1 Proposed Order

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April 20, 2020 PACER
62

Brief/Memorandum in Support filed by Ideare Bailey, Keith Baker, Tesmond McDonald, Terry McNickels, Roger Morrison, Jose Munoz, Marcelo Perez, Oscar Sanchez, Olivia Washington, Marcus White, Paul Wright, Kiara Yarborough re 61 MOTION for Leave to File Brief in Excess of 25 pagesre Plaintiffs' Omnibus Brief (Barnett, Barry) (Entered: 04/20/2020)

April 20, 2020 PACER
63

RESPONSE AND OBJECTION filed by Ideare Bailey, Keith Baker, Tesmond McDonald, Terry McNickels, Roger Morrison, Jose Munoz, Marcelo Perez, Oscar Sanchez, Olivia Washington, Marcus White, Paul Wright, Kiara Yarborough re: 53 Amended MOTION to Dismiss (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s)) (Barnett, Barry) (Entered: 04/20/2020)

1 Exhibit(s)

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2 Exhibit(s)

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3 Exhibit(s)

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4 Exhibit(s)

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April 20, 2020 PACER
64

MOTION to Strike Declarations of Dr. Robert L. Cohen, M.D. filed by Marian Brown, Dallas County Texas (Attachments: # 1 Proposed Order) (Stephens, Ben) (Entered: 04/20/2020)

1 Proposed Order

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April 20, 2020 PACER
65

Brief/Memorandum in Support filed by Marian Brown, Dallas County Texas re 64 MOTION to Strike Declarations of Dr. Robert L. Cohen, M.D. (Stephens, Ben) (Entered: 04/20/2020)

April 20, 2020 PACER
66

WAIVER of Physical Presence and Consent to Proceed in Hearing by Video Teleconference filed by Ideare Bailey, Keith Baker, Marian Brown, Dallas County Texas, Tesmond McDonald, Terry McNickels, Roger Morrison, Jose Munoz, Ken Paxton, Marcelo Perez, Oscar Sanchez, State of Texas, Olivia Washington, Marcus White, Paul Wright, Kiara Yarborough. (Attachments: # 1 Additional Page(s)) (chmb) (Entered: 04/20/2020)

1 Additional Page(s)

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April 20, 2020 PACER
67

ELECTRONIC ORDER granting 60 Plaintiffs' Motion for Leave to File a Sur-reply. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Ada Brown on 4/20/2020) (chmb) (Entered: 04/20/2020)

April 20, 2020 PACER
68

ADDITIONAL ATTACHMENTS to 47 Reply,, 3 Brief/Memorandum in Support of Motion, by Plaintiffs Ideare Bailey, Keith Baker, Tesmond McDonald, Terry McNickels, Roger Morrison, Jose Munoz, Marcelo Perez, Oscar Sanchez, Olivia Washington, Marcus White, Paul Wright, Kiara Yarborough. (Barnett, Barry) (Entered: 04/20/2020)

April 20, 2020 RECAP
69

ELECTRONIC ORDER granting 61 Motion for Leave to File Brief in Excess of 25 pages. Response and Objection filed as docket entry 63 . (Ordered by Judge Ada Brown on 4/20/2020) (chmb) (Entered: 04/20/2020)

April 20, 2020 PACER
70

ORDER granting 26 Motion to Intervene. (Ordered by Judge Ada Brown on 4/20/2020) (chmb) (Main Document 70 replaced to add signature on 4/20/2020) (chmb). (Entered: 04/20/2020)

April 20, 2020 RECAP
71

***VACATED PER 120 ORDER</b*** ELECTRONIC ORDER denying 35 ; 53 Motion to Dismiss. (Ordered by Judge Ada Brown on 4/20/2020) (chmb) Modified on 8/19/2020 (axm). (Entered: 04/20/2020)

April 20, 2020 PACER
73

ELECTRONIC Minute Entry for proceedings held before Judge Ada Brown: Motion Hearing held on 4/21/2020 re 2 Motion for TRO, filed by Jose Munoz, Terry McNickels, Oscar Sanchez, Paul Wright, Keith Baker, Tesmond McDonald, Marcelo Perez, Roger Morrison, Marcus White. Attorney Appearances: Plaintiff - Amy Fettig, Henderson Hill, Barry Barnett, Andrea Woods; Defense - Nicholas Stepp, Kate David, Ben Stephens, Adam Biggs. (Court Reporter: Nikki Barr) (Exhibits admitted - returned to party. See exhibit list.) Time in Court - 07:53. (chmb) Modified to add missing attorney on 4/23/2020 (chmb). (Entered: 04/22/2020)

April 21, 2020 PACER
74

ELECTRONIC ORDER denying 64 Motion to Strike. (Ordered by Judge Ada Brown on 4/21/2020) (chmb) (Entered: 04/22/2020)

April 21, 2020 PACER
72

AMENDED DOCUMENT by Ideare Bailey, Keith Baker, Tesmond McDonald, Terry McNickels, Roger Morrison, Jose Munoz, Marcelo Perez, Oscar Sanchez, Olivia Washington, Marcus White, Paul Wright, Kiara Yarborough. Amendment to 2 MOTION for Temporary Restraining Order Preliminary Injunction and Writ of Habeas Corpus. Amended Proposed Order. (Woods, Andrea) (Entered: 04/22/2020)

April 22, 2020 RECAP
75

ELECTRONIC Minute Entry for proceedings held before Judge Ada Brown: Motion Hearing held on 4/22/2020 re 2 Motion for TRO, filed by Jose Munoz, Terry McNickels, Oscar Sanchez, Paul Wright, Keith Baker, Tesmond McDonald, Marcelo Perez, Roger Morrison, Marcus White. Attorney Appearances: Plaintiff - Amy Fettig, Henderson Hill, Barry Barnett, Andrea Woods; Defense - Nicholas Stepp, Kate David, Ben Stephens, Adam Biggs. (Court Reporter: Nikki Barr) (No exhibits) Time in Court - 06:53. (chmb) Modified to add a missing attorney on 4/23/2020 (chmb). (Entered: 04/22/2020)

April 22, 2020 PACER
76

NOTICE of Supplemental Authority filed by Greg Abbott, Ken Paxton, State of Texas (Attachments: # 1 Exhibit(s) 5th Circuit Op Valentine) (Biggs, Adam) (Entered: 04/22/2020)

1 Exhibit(s) 5th Circuit Op Valentine

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April 22, 2020 PACER
77

NOTICE of Advisory to the Court filed by Marian Brown, Dallas County Texas (David, Katharine) (Entered: 04/23/2020)

April 23, 2020 RECAP
78

Transcript Order Form: transcript requested by Ken Paxton, State of Texas, Greg Abbott for Motion Hearing held 4/21/20 & 4/22/20 (Court Reporter: Nikki Barr.) Payment method: Private Funds - Requester has paid or will pay as directed by the reporter. Reminder to appellant: this document must also be filed with the appeals court.. (Biggs, Adam) (Entered: 04/23/2020)

April 23, 2020 PACER
79

ADDITIONAL ATTACHMENTS to 47 Reply, by Plaintiffs Ideare Bailey, Keith Baker, Tesmond McDonald, Terry McNickels, Roger Morrison, Jose Munoz, Marcelo Perez, Oscar Sanchez, Olivia Washington, Marcus White, Paul Wright, Kiara Yarborough. (Barnett, Barry) (Entered: 04/23/2020)

April 23, 2020 RECAP
80

RESPONSE filed by Ideare Bailey, Keith Baker, Tesmond McDonald, Terry McNickels, Roger Morrison, Jose Munoz, Marcelo Perez, Oscar Sanchez, Olivia Washington, Marcus White, Paul Wright, Kiara Yarborough re: 76 Notice (Other) (Attachments: # 1 Proposed Order) (Barnett, Barry) (Entered: 04/23/2020)

1 Proposed Order

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April 23, 2020 RECAP
81

RESPONSE filed by Ideare Bailey, Keith Baker, Tesmond McDonald, Terry McNickels, Roger Morrison, Jose Munoz, Marcelo Perez, Oscar Sanchez, Olivia Washington, Marcus White, Paul Wright, Kiara Yarborough re: 76 Notice (Other) (Attachments: # 1 Exhibit(s)) (Barnett, Barry) (Entered: 04/23/2020)

1 Exhibit(s)

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April 23, 2020 RECAP
82

ELECTRONIC Minute Entry for proceedings held before Judge Ada Brown: Motion Hearing held on 4/23/2020 re 2 Motion for TRO. Attorney Appearances: Plaintiff - Amy Fettig, Henderson Hill, Barry Barnett, Andrea Woods, Adam Biggs; Defense - Nicholas Stepp, Kate David, Ben Stephens. (Court Reporter: Nikki Barr) (Exhibits admitted - returned to party. See Exhibit List) Time in Court - 08:20. (chmb) (Entered: 04/24/2020)

April 23, 2020 PACER
83

ELECTRONIC Minute Entry for proceedings held before Judge Ada Brown: Motion Hearing held on 4/24/2020 re 2 Motion for TRO, filed by Jose Munoz, Terry McNickels, Oscar Sanchez, Paul Wright, Keith Baker, Tesmond McDonald, Marcelo Perez, Roger Morrison, Marcus White. Attorney Appearances: Plaintiff - Amy Fettig, Henderson Hill, Barry Barnett, Andrea Woods, Adam Biggs; Defense - Nicholas Stepp, Kate David, Ben Stephens. (Court Reporter: Nikki Barr) (Exhibits admitted - returned to party. See Exhibit List) Time in Court - 09:39. (chmb) (Entered: 04/24/2020)

April 24, 2020 PACER
84

AMENDED DOCUMENT by Ideare Bailey, Keith Baker, Tesmond McDonald, Terry McNickels, Roger Morrison, Jose Munoz, Marcelo Perez, Oscar Sanchez, Olivia Washington, Marcus White, Paul Wright, Kiara Yarborough. Amendment to 2 MOTION for Temporary Restraining Order Preliminary Injunction and Writ of Habeas Corpus. Notice of Second Amended Proposed Order. (Attachments: # 1 Proposed Order Second Amended Proposed Order) (Woods, Andrea) (Entered: 04/26/2020)

1 Proposed Order Second Amended Proposed Order

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April 26, 2020 PACER
85

ORDER denying 2 Motion for TRO. (Ordered by Judge Ada Brown on 4/27/2020) (chmb) (Entered: 04/27/2020)

April 27, 2020 RECAP
86

NOTICE of Supplemental Authority filed by Greg Abbott, Ken Paxton, State of Texas (Attachments: # 1 Exhibit(s) 5th Circuit Op Marlowe) (Biggs, Adam) (Entered: 04/28/2020)

1 Exhibit(s) 5th Circuit Op Marlowe

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April 28, 2020 RECAP
87

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-10799592) filed by Ideare Bailey, Keith Baker, Tesmond McDonald, Terry McNickels, Roger Morrison, Jose Munoz, Marcelo Perez, Oscar Sanchez, Olivia Washington, Marcus White, Paul Wright, Kiara Yarborough (Attachments: # 1 Exhibit(s)) (Pinon, Adriana) (Entered: 04/28/2020)

1 Exhibit(s)

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April 28, 2020 PACER
88

ELECTRONIC ORDER granting 87 Application for Admission Pro Hac Vice of Adriana Cecilia Pinon. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Ada Brown on 4/28/2020) (chmb) (Entered: 04/28/2020)

April 28, 2020 PACER
89

NOTICE of Plaintffs' Advisory Regarding Statistical Reports by the Texas Commission on Jail Standards filed by Ideare Bailey, Keith Baker, Tesmond McDonald, Terry McNickels, Roger Morrison, Jose Munoz, Marcelo Perez, Oscar Sanchez, Olivia Washington, Marcus White, Paul Wright, Kiara Yarborough (Attachments: # 1 Proposed Order regarding Statistical Reports by the Texas Commission on Jail Standards) (Barnett, Barry) (Entered: 04/29/2020)

1 Proposed Order regarding Statistical Reports by the Texas Commission on Jail Sta

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April 29, 2020 PACER
90

Notice of Filing of Official Electronic Transcript of TRO Proceedings held on 04-21-2020 before Judge Brown. Court Reporter/Transcriber Brooke Barr, Telephone number 2147532661. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. (214)753-2240 immediately. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. ยง 3509, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (256 pages) Redaction Request due 5/22/2020. Redacted Transcript Deadline set for 6/1/2020. Release of Transcript Restriction set for 7/30/2020. (nbb) (Entered: 05/01/2020)

May 1, 2020 PACER
91

Notice of Filing of Official Electronic Transcript of TRO Proceedings held on 04-22-2020 before Judge Brown. Court Reporter/Transcriber Brooke Barr, Telephone number (214) 753-2661. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. (214)753-2240 immediately. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. ยง 3509, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (251 pages) Redaction Request due 5/22/2020. Redacted Transcript Deadline set for 6/1/2020. Release of Transcript Restriction set for 7/30/2020. (nbb) (Entered: 05/01/2020)

May 1, 2020 PACER
92

Notice of Filing of Official Electronic Transcript of TRO Proceedings held on 04-23-2020 before Judge Brown. Court Reporter/Transcriber Brooke Barr, Telephone number (214) 753-2661. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. (214)753-2240 immediately. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. ยง 3509, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (248 pages) Redaction Request due 5/22/2020. Redacted Transcript Deadline set for 6/1/2020. Release of Transcript Restriction set for 7/30/2020. (nbb) (Entered: 05/01/2020)

May 1, 2020 PACER
93

Notice of Filing of Official Electronic Transcript of TRO Proceedings held on 04-24-2020 before Judge Brown. Court Reporter/Transcriber Brooke Barr, Telephone number (214) 753-2661. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. (214)753-2240 immediately. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. ยง 3509, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (333 pages) Redaction Request due 5/22/2020. Redacted Transcript Deadline set for 6/1/2020. Release of Transcript Restriction set for 7/30/2020. (nbb) (Entered: 05/01/2020)

May 1, 2020 PACER
94

Court's Exhibit and Witness List from TRO Motion Hearing held 4/21/2020-4/24/2020. (Attachments: # 1 Defendant's exhibit list, # 2 Interventor's exhibit list) (chmb) (Entered: 05/01/2020)

1 Defendant's exhibit list

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2 Interventor's exhibit list

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May 1, 2020 RECAP
95

NOTICE of Supplemental Authority Regarding Habeas Relief filed by Ideare Bailey, Keith Baker, Tesmond McDonald, Terry McNickels, Roger Morrison, Jose Munoz, Marcelo Perez, Oscar Sanchez, Olivia Washington, Marcus White, Paul Wright, Kiara Yarborough (Attachments: # 1 Exhibit(s)) (Barnett, Barry) (Entered: 05/05/2020)

1 Exhibit(s)

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May 5, 2020 PACER
96

MOTION for Scheduling Conference filed by Ideare Bailey, Keith Baker, Tesmond McDonald, Terry McNickels, Roger Morrison, Jose Munoz, Marcelo Perez, Oscar Sanchez, Olivia Washington, Marcus White, Paul Wright, Kiara Yarborough (Barnett, Barry) (Entered: 05/05/2020)

May 5, 2020 RECAP

State / Territory: Texas

Case Type(s):

Jail Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: April 9, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Twelve detainees at the Dallas County Jail who have either been infected with COVID-19 or are at risk due to underlying medical conditions The plaintiffs proposed two classes: the “Pre-Adjudication Class” and the “Post-Adjudication Class,” each further divided into the “Medically-Vulnerable Pre-Adjudication Subclass” and “Medically-Vulnerable Post-Adjudication Subclass.” “Medically-Vulnerable” is defined as those over the age of 50 and/or with experiences of medical conditions.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Civil Rights Corps

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Dallas County Texas (Dallas), County

Dallas County Sheriff (Dallam), County

Governor of Texas and Attorney General of Texas, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

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

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Substantive Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

None yet

Source of Relief:

None yet

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Bathing and hygiene

Conditions of confinement

Sanitation / living conditions

Totality of conditions

Crowding:

Crowding / caseload

COVID-19:

Inspection ordered/regulated

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested

Type of Facility:

Government-run