Case: Harrison v. Young

3:18-cv-01730 | U.S. District Court for the Northern District of Texas

Filed Date: July 2, 2018

Closed Date: Aug. 30, 2018

Clearinghouse coding complete

Case Summary

Plaintiff seeks to access General Revenue funds to meet her needs for 24-hour nursing that extends beyond the Medicaid HCBS waiver cost cap. During an Administrative Hearing, the hearing officer denied her request for additional hours beyond the Waiver cap and did not address the availability of additional State funding, On July 2, 2018, Disability Rights Texas filed a lawsuit to challenge the hearing office decision in the District Court for the Northern District of Texas against Defendant, Texas Health and Human Services Commission for failure to provide sufficient due process and for violation of the Americans with Disabilities integration mandate. Case assigned to Judge Jane J. Boyle.   The District Court ruled for Plaintiff on a temporary restraining order on July 16, 2018. The plaintiff voluntarily dismissed the case and case was closed on August 30, 2018.

 

Summary Authors

NDRN (8/11/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13517560/parties/harrison-v-young/


Judge(s)

Boyle, Jane J. (Texas)

Judge(s)

Boyle, Jane J. (Texas)

show all people

Documents in the Clearinghouse

Document
1

3:18-cv-01730

Plaintiff's Original Verified Complaint

July 2, 2018

July 2, 2018

Complaint
18

3:18-cv-01730

Order Granting Plaintiff's Temporary Restraining Order

July 16, 2018

July 16, 2018

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13517560/harrison-v-young/

Last updated Feb. 25, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Young Cecile filed by Barbara Harrison. (Filing fee $400; Receipt number 0539-9290379) Clerk to issue summons(es). 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. 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 Exhibit(s) A-I, # 2 Cover Sheet) (Whitburn, Mark) Modified on 7/2/2018 to add filing fee & receipt number (zkc). (Entered: 07/02/2018)

1 Exhibit(s) A-I

View on PACER

2 Cover Sheet

View on PACER

July 2, 2018

July 2, 2018

Clearinghouse
2

MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction filed by Barbara Harrison with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) A-B, # 2 Proposed Order) (Whitburn, Mark). Added MOTION for Preliminary Injunction on 7/2/2018 (twd). (Entered: 07/02/2018)

1 Exhibit(s) A-B

View on PACER

2 Proposed Order

View on PACER

July 2, 2018

July 2, 2018

RECAP
3

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Barbara Harrison. (Whitburn, Mark) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

PACER
4

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 (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (zkc) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

PACER
5

Summons Issued as to Cecile Young. (zkc) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

PACER
6

ORDER: Response to TRO motion due by 7/9/2018 at noon CDT re: 2 MOTION for Temporary Restraining Order. (Ordered by Judge Sidney A Fitzwater on 7/3/2018) (Judge Sidney A Fitzwater) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

PACER
7

NOTICE of Attorney Appearance by Eric A Hudson on behalf of Cecile Young. (Filer confirms contact info in ECF is current.) (Hudson, Eric) (Entered: 07/05/2018)

July 5, 2018

July 5, 2018

PACER
8

SUMMONS Returned Executed as to Cecile Young ; served on 7/3/2018. (Corbett, Garth) (Entered: 07/05/2018)

July 5, 2018

July 5, 2018

PACER
9

NOTICE of Attorney Appearance by Randall Wilson Miller on behalf of Cecile Young. (Filer confirms contact info in ECF is current.) (Miller, Randall) (Entered: 07/06/2018)

July 6, 2018

July 6, 2018

PACER
10

(Document Restricted) Sealed Response and Objection re: 2 Motion for TRO, Motion for Injunction, (Sealed pursuant to SO 19-1, statute, or rule) filed by Cecile Young (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B) (Hudson, Eric) (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

PACER
11

ELECTRONIC ORDER setting a hearing on Friday, July 13, 2018 at 2:00 PM for 2 Plaintiff's motion for a temporary restraining order. The Court ORDERS counsel to call the court at least two days prior to the hearing to confirm their attendance. (Ordered by Judge Jane J. Boyle on 7/10/2018) (chmb) (Entered: 07/10/2018)

July 10, 2018

July 10, 2018

PACER
12

NOTICE of Attorney Appearance by Garth Anthony Corbett for Sean A. Jackson on behalf of Barbara Harrison. (Corbett, Garth) (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

PACER
13

NOTICE of Attorney Appearance by Garth Anthony Corbett for Elise Mitchell on behalf of Barbara Harrison. (Corbett, Garth) (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

PACER
14

NOTICE of Attorney Appearance by Garth Anthony Corbett for Edwin Marino, Jr. on behalf of Barbara Harrison. (Corbett, Garth) (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

PACER
15

MOTION for Leave to File Reply to Defendants Response in Opposition to Plaintiff's Motion for Temporary Restraining Order filed by Barbara Harrison (Attachments: # 1 Proposed Order, # 2 Plaintiff's Reply to Defendant's Response in Opposition to Plaintiff's Motion for Temporary Restraining Order) (Whitburn, Mark) (Entered: 07/12/2018)

July 12, 2018

July 12, 2018

PACER
16

ELECTRONIC ORDER granting 15 Plaintiff's Motion for Leave to File Reply. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Jane J. Boyle on 7/12/2018) (chmb) (Entered: 07/12/2018)

July 12, 2018

July 12, 2018

PACER
17

ELECTRONIC Minute Entry for proceedings held before Judge Jane J. Boyle: Motion Hearing held on 7/13/2018 re: 2 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Injunction. TRO granted. Plaintiff to submit proposed order by noon on Monday, 7/16/2018. Attorney Appearances: Plaintiff - Mark S Whitburn; Edwin Marino, Jr; Elise Mitchell; Sean Edward Pevsner; Terry Anstee; Defense - Eric A Hudson; Randall Wilson Miller. (Court Reporter: Shawnie Archuleta) (No exhibits) Time in Court - 0:54. (chmb) (Entered: 07/13/2018)

July 13, 2018

July 13, 2018

PACER
18

ORDER granting 2 Motion for TRO. (Ordered by Judge Jane J. Boyle on 7/16/2018) (svc) (Entered: 07/16/2018)

July 16, 2018

July 16, 2018

Clearinghouse
19

ELECTRONIC ORDER SETTING a preliminary-injunction hearing for August 14, 2018 at 2:00 PM. The Court ORDERS the parties to jointly submit a proposed briefing schedule by July 18, 2018, and to call to confirm their attendance at the hearing at least two days prior to the hearing. (Ordered by Judge Jane J. Boyle on 7/17/2018) (chmb) (Entered: 07/17/2018)

July 17, 2018

July 17, 2018

PACER
20

Proposal for contents of scheduling and discovery order by Barbara Harrison. (Whitburn, Mark) (Entered: 07/18/2018)

July 18, 2018

July 18, 2018

PACER
21

ELECTRONIC ORDER: The parties' opening briefs are due by July 27, 2018, and their responses are due by August 3, 2018. (Ordered by Judge Jane J. Boyle on 7/19/2018) (chmb) (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

PACER
22

Defendant's Unopposed Motion for Extension of Time to Respond filed by Cecile Young (Attachments: # 1 Proposed Order) (Hudson, Eric) Modified text on 7/24/2018 (epm). (Entered: 07/23/2018)

July 23, 2018

July 23, 2018

PACER
23

ORDER granting 22 Motion for Extension of Time to Respond. Defendant as until 8/7/2018 to answer Plaintiff's live complaint. (Ordered by Judge Jane J. Boyle on 7/24/2018) (rekc) (Entered: 07/24/2018)

July 24, 2018

July 24, 2018

PACER
24

Brief/Memorandum in Support filed by Barbara Harrison re 2 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Injunction (Attachments: # 1 Exhibit(s) A-F) (Corbett, Garth) (Entered: 07/27/2018)

July 27, 2018

July 27, 2018

PACER
25

(Document Restricted) Sealed Response re: 2 Motion for TRO,, Motion for Injunction, (Sealed pursuant to SO 19-1, statute, or rule) filed by Cecile Young (Attachments: # 1 Exhibit(s) A-D) (Hudson, Eric) (Entered: 07/27/2018)

July 27, 2018

July 27, 2018

PACER
26

Joint MOTION to Extend Time Joint Motion to Reset Scheduling Deadlines filed by Cecile Young (Attachments: # 1 Proposed Order) (Hudson, Eric) (Entered: 08/03/2018)

Aug. 3, 2018

Aug. 3, 2018

PACER
27

REPLY filed by Barbara Harrison re: 2 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Injunction (Attachments: # 1 Exhibit(s) A-C) (Corbett, Garth) (Entered: 08/03/2018)

Aug. 3, 2018

Aug. 3, 2018

PACER
28

ELECTRONIC ORDER granting 26 the parties' Joint Motion to Extend Time. The parties' response briefs are now due on August 24, 2018. The preliminary injunction hearing will now be on August 31, 2018 at 2:00 PM. The TRO will remain in place until the preliminary injunction hearing. (Ordered by Judge Jane J. Boyle on 8/6/2018) (chmb) (Entered: 08/06/2018)

Aug. 6, 2018

Aug. 6, 2018

PACER
29

MOTION to Dismiss filed by Cecile Young (Attachments: # 1 Proposed Order) (Hudson, Eric) (Entered: 08/07/2018)

Aug. 7, 2018

Aug. 7, 2018

PACER
30

(Document Restricted) Sealed Sur-reply re: 2 Motion for TRO,, Motion for Injunction, (Sealed pursuant to SO 19-1, statute, or rule) filed by Cecile Young (Attachments: # 1 Exhibit(s) Appendix & Exhibits, # 2 Proposed Order) (Hudson, Eric) (Entered: 08/24/2018)

Aug. 24, 2018

Aug. 24, 2018

PACER
31

RESPONSE filed by Barbara Harrison re: 29 MOTION to Dismiss (Corbett, Garth) (Entered: 08/28/2018)

Aug. 28, 2018

Aug. 28, 2018

PACER
32

NOTICE of Dismissal Without Prejudice filed by Barbara Harrison (Corbett, Garth) (Entered: 08/28/2018)

Aug. 28, 2018

Aug. 28, 2018

PACER

Civil Case Terminated per 32 Notice of Dismissal. (ykp)

Aug. 28, 2018

Aug. 28, 2018

PACER
33

ELECTRONIC ORDER: In light of Plaintiff's 32 Notice of Voluntary Dismissal Without Prejudice, this case is dismissed without prejudice. All pending motions are denied as moot and all pending deadlines and hearings are vacated. (Ordered by Judge Jane J. Boyle on 8/30/2018) (chmb) (Entered: 08/30/2018)

Aug. 30, 2018

Aug. 30, 2018

PACER

Case Details

State / Territory: Texas

Case Type(s):

Disability Rights

Key Dates

Filing Date: July 2, 2018

Closing Date: Aug. 30, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

individual plaintiff

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

TEXAS HEALTH AND HUMAN SERVICES COMMISSION, State

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Due Process: Substantive Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief granted

Issues

Disability and Disability Rights:

disability, unspecified