Filed Date: June 2, 2016
Closed Date: July 5, 2016
Clearinghouse coding complete
This is a case about a Protection and Advocacy (P&A) agency’s access authority.
On June 2, 2016, Disability Rights Texas (Disability Rights), Texas’ P&A, filed this lawsuit in the U.S. District Court for the Southern District of Texas Victoria Division. Disability Rights filed this lawsuit against Victoria County, Texas and the Sheriff of Victoria County, Texas under the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI Act), the Developmental Disabilities Assistance and Bill of Rights Act (DD Act), and the Protection and Advocacy for Individual Rights Act (PAIR Act). Represented by itself, plaintiff sought declaratory and injunctive relief that required Victoria County to allow them full and unaccompanied access to the Victoria County Jail. Judge George Carol Hanks, Jr. presided over this matter.
Beginning in October 2015, plaintiff received complaints about the treatment of inmates in mental health issues, including one situation where an inmate was restrained for multiple hours with no breaks or access to water. Plaintiff opened an investigation into defendant's jail and requested records access and physical access to the building, staff, and inmates. Plaintiff was provided the records requested, but the County prevented plaintiff from entering the jail.
On June 2, 2016, plaintiff filed for a Motion for Preliminary Injunction to gain access to the jail, supported by a Statement of Assurances from the governor’s office regarding plaintiff's status as P&A. Following a memorandum of understanding between the parties based on out of court conversations, the case was dismissed on July 5, 2016.
The case is now closed.
Summary Authors
NDRN (12/21/2023)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18150863/parties/disability-rights-texas-v-victoria-county-texas/
Hanks, George Carol (Texas)
Barr, Ashley Brunner (Texas)
See docket on RECAP: https://www.courtlistener.com/docket/18150863/disability-rights-texas-v-victoria-county-texas/
Last updated Aug. 6, 2025, 11:44 p.m.
State / Territory: Texas
Case Type(s):
Key Dates
Filing Date: June 2, 2016
Closing Date: July 5, 2016
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Protection and Advocacy agency
Plaintiff Type(s):
Non-profit NON-religious organization
Attorney Organizations:
NDRN/Protection & Advocacy Organizations
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Defendant Type(s):
Case Details
Causes of Action:
Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. § 15001 et seq.
Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act, 42 U.S.C. § 10801
Protection and Advocacy of Individual Rights (PAIR), 29 U.S.C. § 794e
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Issues
Disability and Disability Rights: