Case: Disability Rights Texas v. Bishop

U.S. Court of Appeals for the Fifth Circuit

COMPLAINT against Ricky Bishop filed by Disability Rights Texas. (Filing fee $402; Receipt number 0539-12018368) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific 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. 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) (Luther, Courtney) (Entered: 06/30/2021)

1 Cover Sheet

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MOTION for Leave to File Leave to Proceed Without Local Counsel filed by Disability Rights Texas (Attachments: # 1 Proposed Order) (Luther, Courtney) (Entered: 06/30/2021)

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12018372) filed by Disability Rights Texas (Luther, Courtney) (Entered: 06/30/2021)

New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (amg) (Entered: 07/01/2021)

ORDER granting Disability Rights Texas's 2 Motion for Leave to Proceed Without Local Counsel. (Ordered by Judge James Wesley Hendrix on 7/1/2021) (amg) (Entered: 07/01/2021)

***Clerk's Notice of delivery: (see NEF for details) Docket No: 4. Thu Jul 1 08:44:18 CDT 2021 (crt)

***Clerk's Notice of delivery: (see NEF for details) Docket No: 5. Thu Jul 1 09:50:26 CDT 2021 (crt)

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Disability Rights Texas. (Luther, Courtney) (Entered: 07/02/2021)

NOTICE OF DEFICIENCY. Luther did not attach a certificate of good standing to her Application for Admission Pro Hac Vice. Therefore, the Court orders that Luther refile her application with a certificate of good standing attached by July 8, 2021. (Ordered by Judge James Wesley Hendrix on 7/2/2021) (amg) (Entered: 07/02/2021)

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12023610) filed by Disability Rights Texas (Attachments: # 1 Exhibit(s) Certificate of Good Standing) (Luther, Courtney) (Entered: 07/02/2021)

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Lisa Snead (Filing fee $100; Receipt number 0539-12023983) filed by Disability Rights Texas (Attachments: # 1 Exhibit(s) Certificate of Good Standing) (Luther, Courtney) (Entered: 07/02/2021)

ORDER granting 3 and 8 Application for Admission Pro Hac Vice of Courtney Luther. 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 James Wesley Hendrix on 7/12/2021) (amg) (Entered: 07/12/2021)

ORDER granting 9 Application for Admission Pro Hac Vice of Lisa Snead. 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 James Wesley Hendrix on 7/12/2021) (amg) (Entered: 07/12/2021)

***Clerk's Notice of delivery: (see NEF for details) Docket No: 10, 11. Mon Jul 12 11:39:39 CDT 2021 (crt)

Request for Clerk to issue Summons filed by Disability Rights Texas. (Luther, Courtney) (Entered: 07/16/2021)

Summons Issued as to Ricky Bishop. (amg) (Entered: 07/16/2021)

***Clerk's Notice of delivery: (see NEF for details) Docket No: 13. Fri Jul 16 09:57:59 CDT 2021 (crt)

ANSWER to 1 Complaint,,,, filed by Ricky Bishop. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. Attorney Robert B Wagstaff added to party Ricky Bishop(pty:dft) (Wagstaff, Robert) (Entered: 08/06/2021)

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Ricky Bishop. (Wagstaff, Robert) (Entered: 08/06/2021)

ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. The Court enters this Order to promote possible early settlement and to facilitate entry of a scheduling order. If there are other defendants who have not appeared, but who have been in contact with the plaintiff or plaintiff's counsel, the plaintiff's counsel is responsible for contacting such defendants and making every effort to ensure their meaningful participation in the conference. Lead counsel for each party shall confer at a scheduling conference as soon as practicable, but in any event no later than August 23, 2021. The Joint Report shall be filed on or before September 7, 2021. The filing of the Joint Report is mandatory. The deadlines in this order are for filing or delivery and are not mailing dates. The parties are warned that failing to comply with any part of this order may result in the imposition of sanctions. See order for additional instructions and deadlines. (Ordered by Judge James Wesley Hendrix on 8/9/2021) (amg) (Entered: 08/09/2021)

SUMMONS Returned Executed as to Ricky Bishop ; served on 7/16/2021. (Luther, Courtney) (Entered: 08/23/2021)

Proposal for contents of scheduling and discovery order Joint Report Regarding Contents of Scheduling Order by Disability Rights Texas. (Mitchell, Beth) (Entered: 09/07/2021)

**VACATED, per 29 Order** SCHEDULING ORDER. Completion of Discovery due by 3/14/2022. Dipositive Motions due by 4/11/2022. Pretrial Order due by 7/18/2022. Pretrial Materials due by 7/18/2022. Bench Trial set for 8/8/2022 at 09:00 AM in US Courthouse, Courtroom 2000, 341 Pine St., Abilene, TX 79601-5928 before Judge James Wesley Hendrix. See Order for additional instructions and deadlines. (Ordered by Judge James Wesley Hendrix on 9/10/2021) (amg) Modified location of bench trial to Abilene on 5/20/2022 (amg). Modified on 7/11/2022 (skf). (Entered: 09/10/2021)

Designation of Experts by Ricky Bishop. (Wagstaff, Robert) (Entered: 11/15/2021)

MOTION to Strike or Exclude the Testimony of Defendant's Designated Experts filed by Disability Rights Texas with Brief/Memorandum in Support. (Mitchell, Beth) (Entered: 12/01/2021)

Brief/Memorandum in Support filed by Disability Rights Texas re 21 MOTION to Strike or Exclude the Testimony of Defendant's Designated Experts (Mitchell, Beth) (Entered: 12/01/2021)

Appendix in Support filed by Disability Rights Texas re 22 Brief/Memorandum in Support of Motion to Strike or Exclude the Testimony of Defendant's Designated Experts (Mitchell, Beth) (Entered: 12/01/2021)

MOTION for Summary Judgment filed by Disability Rights Texas (Attachments: # 1 Proposed Order) (Mitchell, Beth) (Entered: 03/17/2022)

1 Proposed Order

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Brief/Memorandum in Support filed by Disability Rights Texas re 24 MOTION for Summary Judgment (Mitchell, Beth) (Entered: 03/17/2022)

Appendix in Support filed by Disability Rights Texas re 25 Brief/Memorandum in Support of Motion for Summary Judgment (Mitchell, Beth) (Entered: 03/17/2022)

RESPONSE filed by Ricky Bishop re: 24 MOTION for Summary Judgment (Wagstaff, Robert) (Entered: 04/07/2022)

REPLY filed by Disability Rights Texas re: 24 MOTION for Summary Judgment (Mitchell, Beth) (Entered: 04/20/2022)

ORDER. The trial currently set for the three-week civil docket beginning August 8, 2022 and associated pretrial deadlines are vacated. The Court issues this order to provide notice and to preserve the parties' resources. The Court will issue a memorandum opinion and order resolving the plaintiff's motion for summary judgment 24 in the near future. (Ordered by Judge James Wesley Hendrix on 7/8/2022) (skf) (Entered: 07/08/2022)

MEMORANDUM OPINION AND ORDER. The Court partially grants DRTx's motion for summary judgment 24 with respect to the following relief: (1) Defendant Ricky Bishop, his agents, or employees shall provide DRTx immediate access to all video records pertaining to the alleged restraint of B.W.; and (2) Defendant Ricky Bishop's denial of DRTx's video request pertaining to B.W. is a violation of 42 U.S.C. § 10805(a)(4)(A). All other summary-judgment requests (Dkt. No. 24 at 2) are denied. The Court will enter a separate judgment granting the stated relief. (Ordered by Judge James Wesley Hendrix on 7/19/2022) (skf) (Entered: 07/19/2022)

JUDGMENT. For the reasons stated in the Courts memorandum opinion and order granting Disability Rights Texass motion for summary judgment in part 30, it is hereby ORDERED, ADJUDGED, and DECREED that: (1) Defendant Ricky Bishop, his agents, or employees shall provide DRTx immediate access to all video records pertaining to the alleged restraint of B.W.; and (2) Defendant Ricky Bishop's denial of DRTx's video request pertaining to B.W. is a violation of 42 U.S.C. § 10805(a)(4)(A). Judgment is entered for the plaintiff, and the plaintiff may move for attorneys' fees and costs by no later than 14 days after the entry of the Judgment. (Ordered by Judge James Wesley Hendrix on 7/19/2022) (skf) (Entered: 07/19/2022)

BILL OF COSTS by Disability Rights Texas. (Snead, Lisa) (Entered: 08/02/2022)

MOTION for Attorney Fees and Costs filed by Disability Rights Texas (Attachments: # 1 Proposed Order) (Snead, Lisa) (Entered: 08/02/2022)

Brief/Memorandum in Support filed by Disability Rights Texas re 33 MOTION for Attorney Fees and Costs (Snead, Lisa) (Entered: 08/02/2022)

Appendix in Support filed by Disability Rights Texas re 34 Brief/Memorandum in Support of Motion for Attorneys' Fees and Costs (Snead, Lisa) (Entered: 08/02/2022)

Costs Taxed in amount of $545.50 against Defendant, Ricky Bishop, in his official capacity as the Sheriff of Taylor County. (amg) (Entered: 08/17/2022)

RESPONSE filed by Ricky Bishop re: 33 MOTION for Attorney Fees and Costs (Attachments: # 1 Affidavit(s) Wagstaff Affidavit) (Wagstaff, Robert) (Entered: 08/23/2022)

REPLY filed by Disability Rights Texas re: 33 MOTION for Attorney Fees and Costs (Snead, Lisa) (Entered: 09/06/2022)

Appendix in Support filed by Disability Rights Texas re 38 Reply in Support of Its Motion for Reasonable Attorneys' Fees and Costs (Snead, Lisa) (Entered: 09/06/2022)

ORDER. Because no special circumstances would make an award unjust and given that DRTx has presented evidence satisfying the lodestar standard, the motion for attorneys' fees 33 is granted. Under Section 1988, DRTx is entitled to its reasonable and necessary costs and fees. DRTx is entitled to $545.50 in costs and reasonable and necessary attorneys' fees of $43,440. (Ordered by Judge James Wesley Hendrix on 3/21/2023) (amg) (Entered: 03/21/2023)

Civil Case Terminated per 40 Order. (amg)

NOTICE OF APPEAL as to 40 Order on Motion for Attorney Fees, to the Fifth Circuit by Ricky Bishop. Filing fee $505, receipt number ATXNDC-13682783. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Wagstaff, Robert) (Entered: 04/20/2023)

USCA Case Number 23-10408 in USCA 5th Circuit for 41 Notice of Appeal, filed by Ricky Bishop. (amg)

Record on Appeal for USCA5 23-10408 (related to 41 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified,. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by contacting the appeals deputy in advance to arrange delivery. (amg)

JUDGMENT/MANDATE of USCA as to 41 Notice of Appeal, filed by Ricky Bishop. Issued as Mandate: 8/22/2023. Under Fed. R. App. P. 42(B), the appeal is dismissed as of August 22, 2023, pursuant to appellant's motion. (Attachments: # 1 USCA Letter, # 2 Appellant's Motion to Voluntarily Dismiss Appeal) (amg) (Entered: 08/22/2023)