Case: Hernandez v. Houston

4:16-cv-03577 | U.S. District Court for the Southern District of Texas

Filed Date: Dec. 5, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about Houston police arresting individuals without warrants and detaining them without probable cause. On December 5, 2016, two plaintiffs filed this lawsuit in the United States District Court for the Southern District of Texas. The plaintiffs on behalf of themselves and all others similarly situated sued the City of Houston under 42 U.S.C. § 1983, alleging violations of the Fourth and Fourteenth Amendments to the United States Constitution. Represented by private counsel and th…

This is a case about Houston police arresting individuals without warrants and detaining them without probable cause. On December 5, 2016, two plaintiffs filed this lawsuit in the United States District Court for the Southern District of Texas. The plaintiffs on behalf of themselves and all others similarly situated sued the City of Houston under 42 U.S.C. § 1983, alleging violations of the Fourth and Fourteenth Amendments to the United States Constitution. Represented by private counsel and the Civil Rights Corps, the plaintiffs sought compensatory damages and attorneys’ fees. They claimed that the City of Houston regularly arrested individuals without warrants and detained them without probable cause hearings for longer than permitted by the United States Constitution.

The case was assigned to Judge Kennth M. Hoyt on December 7, 2016. The City filed a motion to dismiss the initial complaint. One of the named plaintiffs withdrew from the case and on March 1, 2017, the plaintiffs amended the complaint to add three more named plaintiffs. As a result, on March 7, the court denied the City's motion to dismiss on grounds of mootness because the filing of an amended complaint renders a prior complaint void and moots any motion to dismiss.

The City filed an amended motion to dismiss, which was denied on June 6, 2017. The court found that the defendants had essentially admitted that the facts the plaintiffs pleaded were true.

The case proceeded to discovery, and the parties engaged in lengthy discovery disputes. On August 30, 2018, the District Court issued an order stating that the City of Houston had intentionally destroyed evidence pertinent to the lawsuit. As a result, the Court held that inferences were appropriate: (1) throughout the class period, the City of Houston had a policy of not releasing warrantless arrestees who had not received neutral determinations of probable cause within the constitutionally required period of time; (2) throughout the class period, the City’s policymakers were aware of this policy; and (3) the City acted with deliberate indifference with respect to its unconstitutional policy of not releasing warrantless arrestees who hadn’t received probable cause hearings in the appropriate amount of time.

On December 11, 2018, the plaintiffs moved to certify their class. The first amended complaint detailed a single class of plaintiffs seeking compensatory relief, which applied to all those arrested without warrant and held for more than 48 hours without a prompt judicial determination of probable cause.

The plaintiffs filed a second amended complaint on December 13, 2018, which added a fifth named plaintiff. Additionally, this second amended complaint defined two classes seeking compensatory relief. The first subclass included all those arrested and held held by the City of Houston without a warrant or a judicial determination of probably cause for 48 hours or more, and the second subclass included those who were arrested and held between 24 and 48 hours.

In spring 2019, the District Court issued an order overruling a motion from the City that asked the Court to exclude certain documents that they claimed to be privileged from evidence. The plaintiffs filed a motion to compel the city to produce these documents, which was stayed by Judge Hoyt pending the City’s appeal. The Fifth Circuit Court of Appeals then vacated the District Court’s order with respect to one document, and denied the City’s claim of privilege in all other respects. Upon remand, the District Court granted the plaintiffs’ motion to compel.

In late June 2019, both parties filed motions for summary judgment. On July 3, 2019, Judge Hoyt granted the plaintiffs’ earlier motion for class certification. One week later, the City filed a motion to stay the case pending interlocutory appeal regarding the class certification issue, which was denied by the district court in early August. And, shortly after on August 8, 2020 the Fifth Circuit denied the defendants leave to appeal the grant of class certification.

At some during the summer of 2019, the parties began going through mediation and started settlement negotiations, and on August 13, 2019, a joint order to stay the case pending the finalization of settlement was granted.

In July 2020, Houston City Council voted to pass a settlement awarding the plaintiffs $1.17 million in exchange for indemnity. The court granted a joint motion for preliminary approval of the settlement on October 22, 2020. The case is ongoing pending the court's approval of the settlement agreement.

Summary Authors

Jane Fisher (11/2/2020)

Related Cases

Lomas v. Harris County, Southern District of Texas (2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6114300/parties/hernandez-v-city-of-houston/


Judge(s)

Hanovice Palermo, Dena (Texas)

Hoyt, Kenneth M. (Texas)

Attorneys(s) for Plaintiff

Bernhardt, Rebecca (Texas)

Cohen, Leonora (California)

Downer, Ryan Chasce (District of Columbia)

Elbogen, Amanda Beth (New York)

Genser, Andrew M (New York)

Gerstein, Charles L. (District of Columbia)

Karakatsanis, Alec (District of Columbia)

King, Patrick (Texas)

Judge(s)

Hanovice Palermo, Dena (Texas)

Hoyt, Kenneth M. (Texas)

Attorneys(s) for Plaintiff

Bernhardt, Rebecca (Texas)

Cohen, Leonora (California)

Downer, Ryan Chasce (District of Columbia)

Elbogen, Amanda Beth (New York)

Genser, Andrew M (New York)

Gerstein, Charles L. (District of Columbia)

Karakatsanis, Alec (District of Columbia)

King, Patrick (Texas)

Payne, Christine P (Illinois)

Pringle, Susanne Ashley (Texas)

Rotman, Anna (Texas)

Shimada, Stephanie M (New York)

Zuckerman, Alex S (New York)

Attorneys(s) for Defendant

Callan, Jennifer F (Texas)

Davis, Nancy McEvily (Texas)

Dunbar, Jeremy W (Texas)

Gorman, Sean (Texas)

Lemond, Connica (Texas)

Vaden, Jeff B (Texas)

Documents in the Clearinghouse

Document

Docket

Hernandez v. City of Houston

Oct. 22, 2020 Docket
1

Class Action Complaint

Hernandez v. City of Houston

Dec. 5, 2016 Complaint
19

Amended Class Action Complaint

Hernandez v. City of Houston

March 1, 2017 Complaint
27

Memorandum and Order

Hernandez v. City of Houston

2017 WL 2463636

June 6, 2017 Order/Opinion
80

Order and Findings on Sanctions and Motions

Hernandez v. City of Houston

2020 WL 4140684

Aug. 30, 2018 Order/Opinion
89

[Proposed] Second Amended Class Action Complaint

Hernandez v. City of Houston

Dec. 10, 2018 Complaint
154

Memorandum Opinion and Order

Hernandez v. City of Houston

2019 WL 2869157

July 3, 2019 Order/Opinion

Resources

Title Description External URL

Houston, TX: Probable Cause

Civil Rights Corps

Civil Rights Corps filed two class-action lawsuits against the City of Houston and Harris County, Texas, for illegally detaining thousands of people every year for extended time periods after arrest … Dec. 30, 2018 http://www.civilrightscorps.org/work/case/houston-tx-probable-cause

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6114300/hernandez-v-city-of-houston/

Last updated May 13, 2022

ECF Number Description Date Link
1

COMPLAINT against City Of Houston (Filing fee $ 400 receipt number 0541-17608440) filed by Juan Hernandez, James Dossett. (Attachments: # 1 Civil Cover Sheet)(King, Patrick) (Entered: 12/05/2016)

Dec. 5, 2016
1

COMPLAINT against City Of Houston (Filing fee $ 400 receipt number 0541-17608440) filed by Juan Hernandez, James Dossett. (Attachments: # 1 Civil Cover Sheet)(King, Patrick) (Entered: 12/05/2016)

Dec. 5, 2016 RECAP
2

Request for Issuance of Summons as to City Of Houston, filed.(King, Patrick) (Entered: 12/05/2016)

Dec. 5, 2016
2

Request for Issuance of Summons as to City Of Houston, filed.(King, Patrick) (Entered: 12/05/2016)

Dec. 5, 2016 PACER
3

MOTION for Charles Lewis Gerstein to Appear Pro Hac Vice by James Dossett, Juan Hernandez, filed. Motion Docket Date 12/27/2016. (King, Patrick) (Entered: 12/05/2016)

Dec. 5, 2016
3

MOTION for Charles Lewis Gerstein to Appear Pro Hac Vice by James Dossett, Juan Hernandez, filed. Motion Docket Date 12/27/2016. (King, Patrick) (Entered: 12/05/2016)

Dec. 5, 2016 PACER
4

MOTION for Andrew M. Genser to Appear Pro Hac Vice by James Dossett, Juan Hernandez, filed. Motion Docket Date 12/27/2016. (King, Patrick) (Entered: 12/05/2016)

Dec. 5, 2016 PACER
4

MOTION for Andrew M. Genser to Appear Pro Hac Vice by James Dossett, Juan Hernandez, filed. Motion Docket Date 12/27/2016. (King, Patrick) (Entered: 12/05/2016)

Dec. 5, 2016
5

MOTION for Amanda B. Elbogen to Appear Pro Hac Vice by James Dossett, Juan Hernandez, filed. Motion Docket Date 12/27/2016. (King, Patrick) (Entered: 12/05/2016)

Dec. 5, 2016
5

MOTION for Amanda B. Elbogen to Appear Pro Hac Vice by James Dossett, Juan Hernandez, filed. Motion Docket Date 12/27/2016. (King, Patrick) (Entered: 12/05/2016)

Dec. 5, 2016 PACER

Summons Issued as to City Of Houston. Issued summons returned to plaintiff by: First-class mail, filed.(hler, 4)

Dec. 6, 2016 PACER

Summons Issued as to City Of Houston. Issued summons returned to plaintiff by: First-class mail, filed.(hler, 4) (Entered: 12/06/2016)

Dec. 6, 2016

Summons Issued as to City Of Houston. Issued summons returned to plaintiff by: In person, filed.(bdaniel, 4)

Dec. 6, 2016 PACER

Summons Issued as to City Of Houston. Issued summons returned to plaintiff by: In person, filed.(bdaniel, 4) (Entered: 12/06/2016)

Dec. 6, 2016
6

ORDER granting 4 Motion for Andrew M. Genser to Appear Pro Hac Vice. (Signed by Judge Kenneth M Hoyt) Parties notified. (rosaldana, 4) (Entered: 12/07/2016)

Dec. 6, 2016 PACER
6

ORDER granting 4 Motion for Andrew M. Genser to Appear Pro Hac Vice. (Signed by Judge Kenneth M Hoyt) Parties notified. (rosaldana, 4) (Entered: 12/07/2016)

Dec. 6, 2016
8

ORDER granting 3 Motion for Charles Lewis Gerstein to Appear Pro Hac Vice. (Signed by Judge Kenneth M Hoyt) Parties notified.(rosaldana, 4) (Entered: 12/07/2016)

Dec. 6, 2016 PACER
8

ORDER granting 3 Motion for Charles Lewis Gerstein to Appear Pro Hac Vice. (Signed by Judge Kenneth M Hoyt) Parties notified.(rosaldana, 4) (Entered: 12/07/2016)

Dec. 6, 2016
9

ORDER granting 5 Motion for Amanda B. Elbogen to Appear Pro Hac Vice. (Signed by Judge Kenneth M Hoyt) Parties notified. (rosaldana, 4) (Entered: 12/07/2016)

Dec. 6, 2016
9

ORDER granting 5 Motion for Amanda B. Elbogen to Appear Pro Hac Vice. (Signed by Judge Kenneth M Hoyt) Parties notified. (rosaldana, 4) (Entered: 12/07/2016)

Dec. 6, 2016 PACER
10

NOTICE of Appearance by Susanne Pringle on behalf of James Dossett, Juan Hernandez, filed. (King, Patrick) (Entered: 12/08/2016)

Dec. 8, 2016
7

ORDER for Initial Pretrial and Scheduling Conference by Telephone and Order to Disclose Interested Persons. Counsel who filed or removed the action is responsible for placing the conference call and insuring that all parties are on the line. The call shall be placed to (713)250-5613. Telephone Conference set for 2/6/2017 at 08:45 AM by telephone before Judge Kenneth M Hoyt (Signed by Judge Kenneth M Hoyt) Parties notified.(hcarradi, 4) (Entered: 12/07/2016)

Dec. 7, 2016 PACER
11

CERTIFICATE OF INTERESTED PARTIES by James Dossett, Juan Hernandez, filed.(Bernhardt, Rebecca) (Entered: 01/13/2017)

Jan. 13, 2017
10

NOTICE of Appearance by Susanne Pringle on behalf of James Dossett, Juan Hernandez, filed. (King, Patrick) (Entered: 12/08/2016)

Dec. 8, 2016 PACER

Summons Issued as to City Of Houston, U.S. Attorney and U.S. Attorney General. Issued summons returned to plaintiff by: In person, filed.(mmapps, 4) (Entered: 01/19/2017)

Jan. 19, 2017
11

CERTIFICATE OF INTERESTED PARTIES by James Dossett, Juan Hernandez, filed.(Bernhardt, Rebecca) (Entered: 01/13/2017)

Jan. 13, 2017 PACER
12

RETURN of Service of SUMMONS Executed as to City Of Houston served on 1/19/2016, answer due 2/9/2016, filed.(King, Patrick) (Entered: 01/23/2017)

Jan. 23, 2017

Summons Issued as to City Of Houston, U.S. Attorney and U.S. Attorney General. Issued summons returned to plaintiff by: In person, filed.(mmapps, 4)

Jan. 19, 2017 PACER
12

RETURN of Service of SUMMONS Executed as to City Of Houston served on 1/19/2016, answer due 2/9/2016, filed.(King, Patrick) (Entered: 01/23/2017)

Jan. 23, 2017 PACER
13

Unopposed MOTION for Continuance of Conference by James Dossett, Juan Hernandez, filed. Motion Docket Date 2/13/2017. (King, Patrick) (Entered: 01/23/2017)

Jan. 23, 2017
13

Unopposed MOTION for Continuance of Conference by James Dossett, Juan Hernandez, filed. Motion Docket Date 2/13/2017. (King, Patrick) (Entered: 01/23/2017)

Jan. 23, 2017 PACER
14

ORDER granting 13 Unopposed MOTION for Continuance of Conference ( Telephone Conference set for 3/6/2017 at 09:00 AM before Judge Kenneth M Hoyt)(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 01/27/2017)

Jan. 27, 2017
14

ORDER granting 13 Unopposed MOTION for Continuance of Conference ( Telephone Conference set for 3/6/2017 at 09:00 AM before Judge Kenneth M Hoyt)(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 01/27/2017)

Jan. 27, 2017 PACER
15

MOTION to Dismiss by City Of Houston, filed. Motion Docket Date 3/2/2017. (Attachments: # 1 Proposed Order, # 2 Exhibit 1 - Affidavit - Steven Spears, # 3 Exhibit 2 - Search and Arrest Warrant, # 4 Exhibit 3 - Affidavit - Glen Tabor, # 5 Exhibit 4 - Business Records Affidavit - Jail Release)(Lemond, Connica) (Entered: 02/09/2017)

Feb. 9, 2017
15

MOTION to Dismiss by City Of Houston, filed. Motion Docket Date 3/2/2017. (Attachments: # 1 Proposed Order, # 2 Exhibit 1 - Affidavit - Steven Spears, # 3 Exhibit 2 - Search and Arrest Warrant, # 4 Exhibit 3 - Affidavit - Glen Tabor, # 5 Exhibit 4 - Business Records Affidavit - Jail Release)(Lemond, Connica) (Entered: 02/09/2017)

Feb. 9, 2017 PACER
16

JOINT DISCOVERY/CASE MANAGEMENT PLAN by James Dossett, Juan Hernandez, filed.(King, Patrick) (Entered: 02/24/2017)

Feb. 24, 2017
17

Opposed MOTION to Stay Discovery by City Of Houston, filed. Motion Docket Date 3/22/2017. (Attachments: # 1 Proposed Order)(Lemond, Connica) (Entered: 03/01/2017)

March 1, 2017
16

JOINT DISCOVERY/CASE MANAGEMENT PLAN by James Dossett, Juan Hernandez, filed.(King, Patrick) (Entered: 02/24/2017)

Feb. 24, 2017 PACER
18

NOTICE of Dismissal as to James Dossett by James Dossett, filed. (Gerstein, Charles) (Entered: 03/01/2017) filed by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall.(Gerstein, Charles) (Entered: 03/01/2017)

March 1, 2017
17

Opposed MOTION to Stay Discovery by City Of Houston, filed. Motion Docket Date 3/22/2017. (Attachments: # 1 Proposed Order)(Lemond, Connica) (Entered: 03/01/2017)

March 1, 2017 PACER
20

RESPONSE to 15 MOTION to Dismiss filed by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall. (Attachments: # 1 Proposed Order)(Gerstein, Charles) (Entered: 03/02/2017)

March 2, 2017
18

NOTICE of Dismissal as to James Dossett by James Dossett, filed. (Gerstein, Charles) (Entered: 03/01/2017)

March 1, 2017 PACER
19

AMENDED COMPLAINT with Jury Demand against City Of Houston filed by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall.(Gerstein, Charles) (Entered: 03/01/2017)

March 1, 2017 RECAP
21

ORDER granting 17 Motion to Stay Discovery. The Discovery in this matter is STAYED until the Court has ruled on the merits of the defendant's Motion to Dismiss.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 03/03/2017)

March 3, 2017
20

RESPONSE to 15 MOTION to Dismiss filed by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall. (Attachments: # 1 Proposed Order)(Gerstein, Charles) (Entered: 03/02/2017)

March 2, 2017 RECAP
22

ORDER granting 18 Notice of Dismissal as to James Dossett. (Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 03/03/2017)

March 3, 2017
23

ORDER FOLLOWING TELEPHONE SCHEDULING CONFERENCE held on March 6, 2017 at 9:00 a.m. Appearances: Amanda Beth Elbogen, Charles Lewis Gerstein, Suzanne Pringle, Connica Mou Lemond. ETT: 5-7 days. Jury trial. Initial Disclosures due by 3/30/2017. Pltf Expert Witness List due by 10/1/2017. Pltf Expert Report due by 10/1/2017. Deft Expert Witness List due by 11/1/2017. Deft Expert Report due by 11/1/2017. Discovery due by 12/30/2017. Dispositive Motion Filing due by 1/15/2018. Docket Call set for 4/2/2018 at 11:30 AM in Courtroom 11A before Judge Kenneth M Hoyt. Discovery may be extended by agreement of the parties without Court intervention. The dispositive motion deadline and docket call dates, however, may not be extended without leave of Court. Attorney's fee applications are handled on the papers of the parties after notice. Expedited responses are required on all pretrial motions save dispositive motions.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 03/07/2017)

March 6, 2017
21

ORDER granting 17 Motion to Stay Discovery. The Discovery in this matter is STAYED until the Court has ruled on the merits of the defendant's Motion to Dismiss.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 03/03/2017)

March 3, 2017 PACER
24

ORDER denying 15 Motion to Dismiss.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 03/07/2017)

March 6, 2017
22

ORDER granting 18 Notice of Dismissal as to James Dossett. (Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 03/03/2017)

March 3, 2017 PACER
25

Amended MOTION to Dismiss or, in the Alternative, Amended Motion for Summary Judgment by City Of Houston, filed. Motion Docket Date 4/5/2017. (Attachments: # 1 Exhibit A - Affidavit - Amanda Zimmerman, # 2 Exhibit B - Affidavit - Eric Henry, # 3 Exhibit C - Affidavit - Steven Spears)(Lemond, Connica) (Entered: 03/15/2017)

March 15, 2017
23

ORDER FOLLOWING TELEPHONE SCHEDULING CONFERENCE held on March 6, 2017 at 9:00 a.m. Appearances: Amanda Beth Elbogen, Charles Lewis Gerstein, Suzanne Pringle, Connica Mou Lemond. ETT: 5-7 days. Jury trial. Initial Disclosures due by 3/30/2017. Pltf Expert Witness List due by 10/1/2017. Pltf Expert Report due by 10/1/2017. Deft Expert Witness List due by 11/1/2017. Deft Expert Report due by 11/1/2017. Discovery due by 12/30/2017. Dispositive Motion Filing due by 1/15/2018. Docket Call set for 4/2/2018 at 11:30 AM in Courtroom 11A before Judge Kenneth M Hoyt. Discovery may be extended by agreement of the parties without Court intervention. The dispositive motion deadline and docket call dates, however, may not be extended without leave of Court. Attorney's fee applications are handled on the papers of the parties after notice. Expedited responses are required on all pretrial motions save dispositive motions.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 03/07/2017)

March 6, 2017 PACER
26

RESPONSE in Opposition to 25 Amended MOTION to Dismiss or, in the Alternative, Amended Motion for Summary Judgment , filed by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall. MOTION to Dismiss or, in the Alternative, Amended Motion for Summary Judgment. (Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 06/07/2017)

April 5, 2017
24

ORDER denying 15 Motion to Dismiss.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 03/07/2017)

March 6, 2017 RECAP
28

STIPULATION re: Scheduling, and Proposed Order re: Scheduling by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed.(Gerstein, Charles) (Entered: 06/21/2017)

June 21, 2017
25

Amended MOTION to Dismiss or, in the Alternative, Amended Motion for Summary Judgment by City Of Houston, filed. Motion Docket Date 4/5/2017. (Attachments: # 1 Exhibit A - Affidavit - Amanda Zimmerman, # 2 Exhibit B - Affidavit - Eric Henry, # 3 Exhibit C - Affidavit - Steven Spears)(Lemond, Connica) (Entered: 03/15/2017)

March 15, 2017 PACER
29

Agreed MOTION for Protective Order by City Of Houston, filed. Motion Docket Date 8/3/2017. (Attachments: # 1 Proposed Order)(Lemond, Connica) (Entered: 07/13/2017)

July 13, 2017
26

RESPONSE in Opposition to 25 Amended MOTION to Dismiss or, in the Alternative, Amended Motion for Summary Judgment, filed by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall. (Gerstein, Charles) (Entered: 04/05/2017)

April 5, 2017 PACER
30

PROTECTIVE ORDER Granting 29 Agreed MOTION for Protective Order (Signed by Judge Kenneth M Hoyt) Parties notified.(jguajardo, 4) (Entered: 07/14/2017)

July 14, 2017
27

MEMORANDUM AND ORDER denying 25 Defendant's Amended MOTION to Dismiss or, in the Alternative, Amended Motion for Summary Judgment. (Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 06/07/2017)

June 6, 2017 RECAP
28

STIPULATION re: Scheduling, and Proposed Order re: Scheduling by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed.(Gerstein, Charles) (Entered: 06/21/2017)

June 21, 2017 PACER
31

AMENDED SCHEDULING ORDER. Initial Disclosures due by 3/30/2017. Parties Certify that production of documents responsive to requests for production of documents is complete 7/14/2017. Privilege Logs Exchanged 7/21/2017. Fact depositions begin 7/24/2017. Plaintiffs move for class certification and serve any supporting expert reports 8/25/2017. Defendant files opposition to class certification and serves any opposing expert reports 9/8/2017. Fact discovery closes 9/15/2017. Deadline for deposing class certification experts 9/22/2017. Plaintiffs file reply brief in support of class certification and serve any supporting expert reports 9/29/2017. Pltf Expert Witness List & Report due by 10/1/2017. Deft Expert Witness List & Report due by 11/1/2017. Deadline for Plaintiffs to submit reply expert reports, if any 11/15/2017. Discovery due by 12/30/2017. Dispositive Motion Filing due by 1/15/2018. Docket Call set for 4/2/2018 at 11:30 AM in Courtroom 11A before Judge Kenneth M Hoyt. Jury Trial (To Be Determined). (Signed by Judge Kenneth M Hoyt) Parties notified.(jguajardo, 4) (Entered: 07/14/2017)

July 14, 2017
29

Agreed MOTION for Protective Order by City Of Houston, filed. Motion Docket Date 8/3/2017. (Attachments: # 1 Proposed Order)(Lemond, Connica) (Entered: 07/13/2017)

July 13, 2017 RECAP
32

MOTION for Alex S. Zuckerman to Appear Pro Hac Vice by James Dossett, Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. Motion Docket Date 8/8/2017. (King, Patrick) (Entered: 07/18/2017)

July 18, 2017
33

ORDER Granting 32 Motion for Alex S. Zuckerman to Appear Pro Hac Vice.(Signed by Judge Kenneth M Hoyt) Parties notified.(jguajardo, 4) (Entered: 07/20/2017)

July 20, 2017
30

PROTECTIVE ORDER Granting 29 Agreed MOTION for Protective Order (Signed by Judge Kenneth M Hoyt) Parties notified.(jguajardo, 4) (Entered: 07/14/2017)

July 14, 2017 PACER
34

STIPULATION re: Scheduling by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. (Attachments: # 1 Proposed Order)(Gerstein, Charles) (Entered: 08/25/2017)

Aug. 25, 2017
31

AMENDED SCHEDULING ORDER. Initial Disclosures due by 3/30/2017. Parties Certify that production of documents responsive to requests for production of documents is complete 7/14/2017. Privilege Logs Exchanged 7/21/2017. Fact depositions begin 7/24/2017. Plaintiffs move for class certification and serve any supporting expert reports 8/25/2017. Defendant files opposition to class certification and serves any opposing expert reports 9/8/2017. Fact discovery closes 9/15/2017. Deadline for deposing class certification experts 9/22/2017. Plaintiffs file reply brief in support of class certification and serve any supporting expert reports 9/29/2017. Pltf Expert Witness List & Report due by 10/1/2017. Deft Expert Witness List & Report due by 11/1/2017. Deadline for Plaintiffs to submit reply expert reports, if any 11/15/2017. Discovery due by 12/30/2017. Dispositive Motion Filing due by 1/15/2018. Docket Call set for 4/2/2018 at 11:30 AM in Courtroom 11A before Judge Kenneth M Hoyt. Jury Trial (To Be Determined). (Signed by Judge Kenneth M Hoyt) Parties notified.(jguajardo, 4) (Entered: 07/14/2017)

July 14, 2017 PACER
36

WITHDRAWN per Notice #39 MOTION for Entry of Order re: PLAINTIFFS' MOTION FOR ENTRY OF ESI PROTOCOL AND TO COMPEL PRODUCTION OF DOCUMENTS PURSUANT THERETO by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. Motion Docket Date 11/7/2017. (Attachments: # 1 Exhibit A Proposed ESI Protocol, # 2 Exhibit B COH0000506, # 3 Exhibit C September 27, 2017 Letter to C. Lemond, # 4 Exhibit D COH0000003, # 5 Exhibit E COH0000957, # 6 Exhibit F October 12, 2017 Letter to C. Lemond)(King, Patrick) Modified on 11/7/2017 (chorace). (Entered: 10/17/2017)

Oct. 17, 2017
32

MOTION for Alex S. Zuckerman to Appear Pro Hac Vice by James Dossett, Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. Motion Docket Date 8/8/2017. (King, Patrick) (Entered: 07/18/2017)

July 18, 2017 PACER
37

ORDER for Expedited Response; Motion-related deadline set re: 36 MOTION for Entry of Order re: Plaintiffs' Motion for Entry of ESI PROTOCOL and to Compel Production of Documents Pursuant thereto. Response to Motion due by 11/2/2017.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 10/23/2017)

Oct. 23, 2017
33

ORDER Granting 32 Motion for Alex S. Zuckerman to Appear Pro Hac Vice.(Signed by Judge Kenneth M Hoyt) Parties notified.(jguajardo, 4) (Entered: 07/20/2017)

July 20, 2017 PACER
38

Agreed MOTION for Entry of Order re: Production of Electronically Stored Information by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. Motion Docket Date 11/24/2017. (Attachments: # 1 Exhibit A. Proposed Order)(King, Patrick) (Entered: 11/03/2017)

Nov. 3, 2017
34

STIPULATION re: Scheduling by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. (Attachments: # 1 Proposed Order)(Gerstein, Charles) (Entered: 08/25/2017)

Aug. 25, 2017 PACER
35

SCHEDULING ORDER granting 34 STIPULATION. Certification that Production of Documents responsive to Requests are complete by 12/15/2017. Privilege logs exchanged by 12/22/2017. Fact Depositions begin by 1/16/2018. Pltf Move for Class Certification by 2/23/2018. Deft Opposition to Class Certification by 3/9/2018. Fact Discovery closes by 3/16/2018. Deadline for Deposing Class Certification Experts 3/23/2018. Reply Brief in support of class certification due by 3/30/2018. Pltf Expert Report due by 4/13/2018. Deft Expert Report due by 5/14/2018. Reply Expert Reports due by 5/29/2018. Discovery due by 6/8/2018. Dispositive Motion Filing due by 6/29/2018. Docket Call TBD. Jury Trial TBD.(Signed by Judge Kenneth M Hoyt) Parties notified.(gclair, 4) (Entered: 09/20/2017)

Sept. 20, 2017 PACER
39

NOTICE OF WITHDRAWAL re: 36 MOTION for Entry of Order re: PLAINTIFFS' MOTION FOR ENTRY OF ESI PROTOCOL AND TO COMPEL PRODUCTION OF DOCUMENTS PURSUANT THERETO by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. (King, Patrick) (Entered: 11/03/2017)

Nov. 3, 2017
36

WITHDRAWN per Notice #39 MOTION for Entry of Order re: PLAINTIFFS' MOTION FOR ENTRY OF ESI PROTOCOL AND TO COMPEL PRODUCTION OF DOCUMENTS PURSUANT THERETO by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. Motion Docket Date 11/7/2017. (Attachments: # 1 Exhibit A Proposed ESI Protocol, # 2 Exhibit B COH0000506, # 3 Exhibit C September 27, 2017 Letter to C. Lemond, # 4 Exhibit D COH0000003, # 5 Exhibit E COH0000957, # 6 Exhibit F October 12, 2017 Letter to C. Lemond)(King, Patrick) Modified on 11/7/2017 (chorace). (Entered: 10/17/2017)

Oct. 17, 2017 PACER
40

STIPULATION AND ORDER CONCERNING PRODUCTION OF ELECTRONICALLY STORED INFORMATION 38 Agreed MOTION for Entry of Order re: Production of Electronically Stored Information. (Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 11/08/2017)

Nov. 8, 2017
37

ORDER for Expedited Response; Motion-related deadline set re: 36 MOTION for Entry of Order re: Plaintiffs' Motion for Entry of ESI PROTOCOL and to Compel Production of Documents Pursuant thereto. Response to Motion due by 11/2/2017.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 10/23/2017)

Oct. 23, 2017 PACER
41

MOTION for Rebecca Bernhardt to Withdraw as Attorney by James Dossett, Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. Motion Docket Date 12/6/2017. (Attachments: # 1 Proposed Order)(Pringle, Susanne) (Entered: 11/15/2017)

Nov. 15, 2017
38

Agreed MOTION for Entry of Order re: Production of Electronically Stored Information by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. Motion Docket Date 11/24/2017. (Attachments: # 1 Exhibit A. Proposed Order)(King, Patrick) (Entered: 11/03/2017)

Nov. 3, 2017 PACER
42

ORDER granting 41 Motion to Withdraw as Attorney. Attorney Rebecca Bernhardt terminated. (Signed by Judge Kenneth M Hoyt) Parties notified.(gclair, 4) (Entered: 11/20/2017)

Nov. 20, 2017
39

NOTICE OF WITHDRAWAL re: 36 MOTION for Entry of Order re: PLAINTIFFS' MOTION FOR ENTRY OF ESI PROTOCOL AND TO COMPEL PRODUCTION OF DOCUMENTS PURSUANT THERETO by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. (King, Patrick) (Entered: 11/03/2017)

Nov. 3, 2017 PACER
43

NOTICE of Change in Bar Status by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. (Gerstein, Charles) (Entered: 02/13/2018)

Feb. 13, 2018
40

STIPULATION AND ORDER CONCERNING PRODUCTION OF ELECTRONICALLY STORED INFORMATION 38 Agreed MOTION for Entry of Order re: Production of Electronically Stored Information. (Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 11/08/2017)

Nov. 8, 2017 RECAP
44

Agreed MOTION for Extension of Time Class Certification Deadline by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. Motion Docket Date 3/16/2018. (Gerstein, Charles) (Entered: 02/23/2018)

Feb. 23, 2018
41

MOTION for Rebecca Bernhardt to Withdraw as Attorney by James Dossett, Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. Motion Docket Date 12/6/2017. (Attachments: # 1 Proposed Order)(Pringle, Susanne) (Entered: 11/15/2017)

Nov. 15, 2017 PACER
45

PROPOSED ORDER re: 44 Agreed MOTION for Extension of Time Class Certification Deadline, filed.(Gerstein, Charles) (Entered: 02/23/2018)

Feb. 23, 2018
42

ORDER granting 41 Motion to Withdraw as Attorney. Attorney Rebecca Bernhardt terminated. (Signed by Judge Kenneth M Hoyt) Parties notified.(gclair, 4) (Entered: 11/20/2017)

Nov. 20, 2017 PACER
46

ORDER granting 44 Agreed MOTION for Extension of Time Class Certification Deadline. It is ORDERED that the class certification briefing deadline is extended until 21 days after the City certifies its document production is complete. (Signed by Judge Kenneth M Hoyt) Parties notified.(sanderson, 4) (Entered: 02/26/2018)

Feb. 26, 2018
43

NOTICE of Change in Bar Status by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. (Gerstein, Charles) (Entered: 02/13/2018)

Feb. 13, 2018 PACER
47

MOTION to Compel Production and For Discovery Sanctions by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. Motion Docket Date 3/21/2018. (Attachments: # 1 Exhibit A Plaintiffs' First Set of Requests for Production, # 2 Exhibit B Plaintiffs' First Set of Interrogatories, # 3 Exhibit C July 31 2017 Letter, # 4 Exhibit D September 27 2017 Letter, # 5 Exhibit E October 12 2017 Letter, # 6 Exhibit F November 17 2017 Letter, # 7 Exhibit G November 30 2017 Letter, # 8 Exhibit H December 14 2017 Letter, # 9 Exhibit I January 18 2017 Letter, # 10 Exhibit J January 25 2018 Letter)(King, Patrick) (Entered: 02/28/2018)

Feb. 28, 2018
44

Agreed MOTION for Extension of Time Class Certification Deadline by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. Motion Docket Date 3/16/2018. (Gerstein, Charles) (Entered: 02/23/2018)

Feb. 23, 2018 PACER
48

PROPOSED ORDER re: 47 MOTION to Compel Production and For Discovery Sanctions, filed.(King, Patrick) (Entered: 02/28/2018)

Feb. 28, 2018
45

PROPOSED ORDER re: 44 Agreed MOTION for Extension of Time Class Certification Deadline, filed.(Gerstein, Charles) (Entered: 02/23/2018)

Feb. 23, 2018 PACER
49

ORDER for Expedited Response; Motion-related deadline set re: 47 MOTION to Compel Production and For Discovery Sanctions; Response to Motion due by 3/12/2018.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 03/01/2018)

March 1, 2018
50

NOTICE of Appearance by Jennifer F. Callan on behalf of City Of Houston, filed. (Callan, Jennifer) (Entered: 03/09/2018)

March 9, 2018
46

ORDER granting 44 Agreed MOTION for Extension of Time Class Certification Deadline. It is ORDERED that the class certification briefing deadline is extended until 21 days after the City certifies its document production is complete. (Signed by Judge Kenneth M Hoyt) Parties notified.(sanderson, 4) (Entered: 02/26/2018)

Feb. 26, 2018 PACER
51

RESPONSE to 47 MOTION to Compel Production and For Discovery Sanctions filed by City Of Houston. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Callan, Jennifer) (Entered: 03/09/2018)

March 9, 2018
47

MOTION to Compel Production and For Discovery Sanctions by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. Motion Docket Date 3/21/2018. (Attachments: # 1 Exhibit A Plaintiffs' First Set of Requests for Production, # 2 Exhibit B Plaintiffs' First Set of Interrogatories, # 3 Exhibit C July 31 2017 Letter, # 4 Exhibit D September 27 2017 Letter, # 5 Exhibit E October 12 2017 Letter, # 6 Exhibit F November 17 2017 Letter, # 7 Exhibit G November 30 2017 Letter, # 8 Exhibit H December 14 2017 Letter, # 9 Exhibit I January 18 2017 Letter, # 10 Exhibit J January 25 2018 Letter)(King, Patrick) (Entered: 02/28/2018)

Feb. 28, 2018 PACER

State / Territory: Texas

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Key Dates

Filing Date: Dec. 5, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Class A: All people arrested without a warrant after December 5, 2014, and detained by the City of Houston for more than 48 hours. Class B: All people arrested without a warrant after December 5, 2014, and detained by the City of Houston for more than 24 hours and less than 48 hours.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Civil Rights Corps

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of Houston (Houston, Harris), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 1.17 million

Issues

General:

Conditions of confinement

Fines/Fees/Bail/Bond

Over/Unlawful Detention