Case: Disability Rights Texas v. Bois

5:20-cv-01376 | U.S. District Court for the Western District of Texas

Filed Date: Nov. 3, 2020

Closed Date: March 3, 2021

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Case Summary

This is a case about a protection and advocacy agency’s records access authority. On November 3, 2020, Disability Rights Texas filed this lawsuit in the Texas District Court of Bexar County. On December 6, 2020, this case was removed to the U.S. District Court for the Western District of Texas. Disability Rights Texas filed this lawsuit against the Chief of Police of the Kirby Police Department. Plaintiff alleged that defendant violated the Protection and Advocacy for Individuals with Mental Il…

This is a case about a protection and advocacy agency’s records access authority.

On November 3, 2020, Disability Rights Texas filed this lawsuit in the Texas District Court of Bexar County. On December 6, 2020, this case was removed to the U.S. District Court for the Western District of Texas. Disability Rights Texas filed this lawsuit against the Chief of Police of the Kirby Police Department. Plaintiff alleged that defendant violated the Protection and Advocacy for Individuals with Mental Illness Act, Developmental Disabilities Assistance and Bill of Rights Act, and Protection and Advocacy for Individual Rights Act (P&A Acts) when he refused to provide plaintiff with records related to the death of an individual at the Kirby Jail. Judge Xavier Rodriguez presided over this matter.

This lawsuit began after plaintiff viewed a news report on an inmate suicide at Kirby Jail. Plaintiff subsequently opened an investigation under its P&A Acts authorities, seeking the individual’s entire jail record, physical death reports, and related certifications. Defendant denied plaintiff most records they requested on the basis that disclosure would violate state law. Plaintiff filed a responsive brief to the Texas Attorney General about accessing the records, but the Attorney General denied this request. Therefore, plaintiff filed this action in federal court seeking all the records initially requested.

On March 3, 2021, the parties filed a Joint Motion to Dismiss. The court granted this motion, thereby dismissing this case.

The case is closed.

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Summary Authors

NDRN (4/11/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18709903/parties/disability-rights-of-texas-v-kevin/

Judge(s)

Rodriguez, Xavier (Texas)

Attorney for Plaintiff

Meibeyer, Coty (Texas)

Mitchell, Beth L. (Texas)

Attorney for Defendant

Frigerio, Charles Straith (Texas)

Saenz, Hector Xavier (Texas)

Judge(s)

Rodriguez, Xavier (Texas)

Attorney for Plaintiff

Meibeyer, Coty (Texas)

Mitchell, Beth L. (Texas)

Texas, Disability Rights (Texas)

Attorney for Defendant

Frigerio, Charles Straith (Texas)

Saenz, Hector Xavier (Texas)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1-4 5:20-cv-01376	Civil Cover Sheet	Dec. 2, 2020	Dec. 2, 2020 Complaint
1-2 5:20-cv-01376	Exhibit A and B Disability Rights Texas v. Kirby Police Department	Dec. 2, 2020	Dec. 2, 2020 Other
5 5:20-cv-01376	Plaintiffs' First Amended Complaint	Dec. 16, 2020	Dec. 16, 2020 Complaint
16-1 5:20-cv-01376	Order Granting Parties' Joint Motion to Dismiss	March 3, 2021	March 3, 2021 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/18709903/disability-rights-of-texas-v-kevin/

Last updated Aug. 6, 2025, 10:13 p.m.

ECF Number	Description	Date	Link Date / Link
1	NOTICE OF REMOVAL by Bois Kevin (Filing fee $402 receipt number 0542-14241374), filed by Bois Kevin. (Attachments: # 1 Exhibit, # 2 Exhibit A, # 3 Exhibit B, # 4 Civil Cover Sheet C)(Frigerio, Charles) (Entered: 12/02/2020) 1 Exhibit View on PACER 2 Exhibit A View on RECAP 3 Exhibit B View on PACER 4 Civil Cover Sheet C View on RECAP	Dec. 2, 2020	Dec. 2, 2020 PACER
2	SUPPLEMENT to 1 Notice of Removal to JS44 by Bois Kevin. (Frigerio, Charles) (Entered: 12/02/2020)	Dec. 2, 2020	Dec. 2, 2020 PACER
	Case assigned to Judge Xavier Rodriguez. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (mgr)	Dec. 2, 2020	Dec. 2, 2020 PACER
	If ordered by the court, all referrals will be assigned to Magistrate Judge Bemporad (mgr)	Dec. 2, 2020	Dec. 2, 2020 PACER
	Case Assigned/Reassigned	Dec. 3, 2020	Dec. 3, 2020 PACER
	To be Referred to SA Mag Judge	Dec. 3, 2020	Dec. 3, 2020 PACER
3	STANDING ORDER CONCERNING REMOVED CASES. Signed by Judge Xavier Rodriguez. (mgr) (Entered: 12/04/2020)	Dec. 4, 2020	Dec. 4, 2020 PACER
4	ADVISORY TO THE COURT by Kevin Bois . (Frigerio, Charles) (Entered: 12/08/2020)	Dec. 8, 2020	Dec. 8, 2020 PACER
5	AMENDED COMPLAINT against All Defendants amending, filed by Disability Rights of Texas.(Mitchell, Beth) (Entered: 12/16/2020)	Dec. 16, 2020	Dec. 16, 2020 Clearinghouse
6	MOTION to Appear Pro Hac Vice by Beth L. Mitchell for Coty Meibeyer ( Filing fee $ 100 receipt number 0542-14290884) by on behalf of Disability Rights of Texas. (Attachments: # 1 Proposed Order)(Mitchell, Beth) (Entered: 12/16/2020)	Dec. 16, 2020	Dec. 16, 2020 PACER
	Text Order GRANTING 6 Motion to Appear Pro Hac Vice entered by Judge Xavier Rodriguez. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted permission to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lel)	Dec. 16, 2020	Dec. 16, 2020 PACER
	Order on Motion to Appear Pro Hac Vice	Dec. 16, 2020	Dec. 16, 2020 PACER
7	Order for Scheduling Recommendations. ( Scheduling Recommendations/Proposed Scheduling Order due by 1/18/2021), Notice of right to consent to disposition of a civil case by a U.S. Magistrate Judge. Signed by Judge Xavier Rodriguez. (bc) (Entered: 12/18/2020)	Dec. 18, 2020	Dec. 18, 2020 PACER
8	FIRST AMENDED ANSWER to 5 Amended Complaint by Kevin Bois.(Frigerio, Charles) (Entered: 12/28/2020)	Dec. 28, 2020	Dec. 28, 2020 PACER
9	CONSENT to Trial by US Magistrate Judge by Disability Rights of Texas. (Mitchell, Beth) (Entered: 01/19/2021)	Jan. 19, 2021	Jan. 19, 2021 PACER
10	Rule 26(f) Discovery Report/Case Management Plan by Disability Rights of Texas. (Mitchell, Beth) (Entered: 01/19/2021)	Jan. 19, 2021	Jan. 19, 2021 PACER
11	Scheduling Recommendations by Disability Rights of Texas. (Mitchell, Beth) (Entered: 01/19/2021)	Jan. 19, 2021	Jan. 19, 2021 PACER
12	SCHEDULING ORDER: Bench Trial set for 4/18/2022 10:30 AM before Judge Xavier Rodriguez, Final Pretrial Conference set for 4/7/2022 10:30 AM before Judge Xavier Rodriguez, ADR Report Deadline due by 6/2/2021, Amended Pleadings due by 3/18/2021, Discovery due by 12/17/2021, Motions due by 1/18/2022,. Signed by Judge Xavier Rodriguez. (mgr) (Entered: 01/20/2021)	Jan. 19, 2021	Jan. 19, 2021 PACER
13	v ( Status Conference set for 2/18/2002 10:30 AM before Judge Xavier Rodriguez,). Signed by Judge Xavier Rodriguez. (mgr) (Entered: 01/20/2021)	Jan. 19, 2021	Jan. 19, 2021 PACER
14	ORDER canceling status conference on February 18, 2021. Signed by Judge Xavier Rodriguez. (lel) (Entered: 02/17/2021)	Feb. 17, 2021	Feb. 17, 2021 PACER
15	ORDER SETTING STATUS CONFERENCE AND HEARING ON ALL PENDING MOTIONS ( Status Conference set for 3/4/2021 10:30 AM before Judge Xavier Rodriguez,). Signed by Judge Xavier Rodriguez. (mgr) (Entered: 02/23/2021)	Feb. 23, 2021	Feb. 23, 2021 PACER
16	STIPULATION of Dismissal by Disability Rights of Texas. (Attachments: # 1 Proposed Order)(Mitchell, Beth) (Entered: 03/03/2021) 1 Proposed Order View on RECAP	March 3, 2021	March 3, 2021 PACER
17	ORDER GRANTING PARTIES JOINT MOTION TO DISMISS (ECF No. 16). Signed by Judge Xavier Rodriguez. (mgr) (Entered: 03/03/2021)	March 3, 2021	March 3, 2021 PACER