Case: Ward v. Young

1:16-cv-00917 | U.S. District Court for the Western District of Texas

Filed Date: July 28, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

In this case, Disability Rights Texas, the state's protection and advocacy system, brought a claim for injunctive and declaratory relief on behalf of the organization as a plaintiff using associational standing, and on behalf of four named plaintiffs representing a class of people with mental health disabilities who had been referred for competency evaluation following arrest on criminal charges and subject to excessive delays in this process. On July 29, 2016, in the U.S. District Court for th…

In this case, Disability Rights Texas, the state's protection and advocacy system, brought a claim for injunctive and declaratory relief on behalf of the organization as a plaintiff using associational standing, and on behalf of four named plaintiffs representing a class of people with mental health disabilities who had been referred for competency evaluation following arrest on criminal charges and subject to excessive delays in this process.

On July 29, 2016, in the U.S. District Court for the Western District of Texas, plaintiffs filed this claim for injunctive and declaratory relief for due process violations under the 14th Amendment of the Constitution (using 42 U.S.C. § 1983) for delays in transferring the plaintiff class from jail to a mental health facility for evaluation and restoration to competency. As a result of these delays, plaintiffs were subjected to lengthy (months-long) stays in Harris County jail while awaiting transfer. This case was brought against the Commissioner of the Texas Department of State Health Services. Judge Lee Yeakel was assigned to the matter. 

Following an initial motion to dismiss by the defendant on August 29, 2016, plaintiffs filed an amended complaint on September 12, 2016 and the court dismissed the motion to dismiss that day. In the following months defendants filed amended motions to dismiss, and plaintiffs filed a second amended complaint on November 23, 2016 to include new plaintiff members as earlier named plaintiffs were mooted out. The second motion to dismiss was again unsuccessful, and plaintiffs filed for class certification on November 28, 2016. Motions continued thereafter, with the defendant objecting to class certification, amended motions to dismiss and replies filed, and the judge set a hearing on the motion to dismiss for March 7, 2017. In the intervening time period the judge referred the parties to ADR, and set a timetable for pre-trial proceedings. The defendant’s second amended motion to dismiss was dismissed by the court on April 26, 2017. On August 17, 2017 the parties filed a report stating the ADR was premature, as the issue of class certification had not been resolved. On September 1, 2017, the judge certified two classes: one including individuals charged with Texas crimes but adjudged to be incompetent to stand trial under Texas law; and the other including individuals acquitted of Texas crimes because they were determined to be insane under Texas law.

Defendants filed an interlocutory appeal against the decision to certify the plaintiff classes . The delays caused by this appeal created problems in continuing with discovery and naming plaintiffs, as earlier affected individuals had been moved out of the facility, and plaintiffs moved for the court to appoint named representatives to prevent mootness given the inherently transitory nature of the plaintiff class. The court declined to do so and instead stayed proceedings pending the outcome of the appeal on November 7 2017. 

On October 16, 2018, the Fifth Circuit vacated the class certification and remanded it back to the District Court, finding that the purported class was of the inherently transitory nature that evades mootness, but that the District Court had not sufficiently found commonality, typicality and numerosity amongst the two classes. 753 Fed. App'x 236.

Following the case’s remand, it took several more years of litigation in order to certify a class, which occurred finally after a hearing on March 29, 2022. The class certified was a single class consisting of: “All persons who are now, or will be in the future, (a) charged with a crime in the State of Texas, (b) ordered by a Texas court to a Texas Department of State Health Services facility where they are to receive competency-restoration services; but (c) because the Texas Department of State Services maintains insufficient forensic capacity, (d) remain detained in a Texas county jail more than 21 days from the day the Texas Department of State Health Services receives the court order to the day the Texas Department of Health Services makes a bed available in a Texas Department of Health Services mental health facility” and appointing named class representatives. The final amended complaint with proper defendant and named representatives was filed on October 17, 2022. This complaint did not include Disability Rights Texas as a plaintiff.

On October 23, 2023 parties filed a joint motion for release from ADR, as engaging in ADR by the Texas Attorney General requires assent by the Texas Legislature, which was not given. This was so ordered on October 30, 2023.  The case is ongoing.
 

Summary Authors

NDRN (1/3/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6099421/parties/ward-v-young/


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Documents in the Clearinghouse

Document
1

1:16-cv-00917

42 U.S.C. 1983 Complaint For Declaratory And Injunctive Relief

Ward v. Hellerstedt

July 29, 2016

July 29, 2016

Complaint
11

1:16-cv-00917

Plaintiffs' First Amended Complaint For Injunctive And Declaratory Relief

Ward v. Hellerstedt

Sept. 12, 2016

Sept. 12, 2016

Complaint
23

1:16-cv-00917

Plaintiffs' Second Amended Complaint For Injunctive And Declaratory Relief

Ward v. Hellerstedt

Nov. 23, 2016

Nov. 23, 2016

Complaint
49

1:16-cv-00917

Report And Recommendation Of The United States Magistrate Judge

Ward v. Hellerstedt

April 28, 2017

April 28, 2017

Order/Opinion

2017 WL 1611761

59

1:16-cv-00917

Plaintiffs' Third Amended Complaint For Injunctive And Declaratory Relief

Ward v. Smith

Sept. 29, 2017

Sept. 29, 2017

Complaint
76

1:16-cv-00917

Judgment and Opinion

Ward v. Hellerstedt

U.S. Court of Appeals for the Fifth Circuit

Nov. 7, 2018

Nov. 7, 2018

Order/Opinion

753 Fed.Appx. 236

92

1:16-cv-00917

Plaintiffs' Fourth Amended Complaint For Injunctive And Declaratory Relief

Ward v. Phillips

April 2, 2019

April 2, 2019

Complaint
97

1:16-cv-00917

Plaintiffs' Fifth Amended Complaint For Injunctive And Declaratory Relief

Ward v. Phillips

May 9, 2019

May 9, 2019

Complaint
99

1:16-cv-00917

The Parties' Statement Of Uncontested Facts And Issues Of Law

Ward v. Phillips

May 24, 2019

May 24, 2019

Pleading / Motion / Brief
121

1:16-cv-00917

Plaintiffs' Proposed Findings Of Fact And Conclusions Of Law

Ward v. Phillips

Oct. 4, 2019

Oct. 4, 2019

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6099421/ward-v-young/

Last updated Aug. 6, 2025, 11:42 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief ( Filing fee $ 400 receipt number 0542-8708940), filed by Joseph Ward, Disability Rights Texas, Isaac Lemelle, Michael Anderson. (Attachments: # 1 Civil Cover Sheet)(Mitchell, Beth) (Entered: 07/29/2016)

1 Civil Cover Sheet

View on PACER

July 29, 2016

July 29, 2016

RECAP
2

REQUEST FOR ISSUANCE OF SUMMONS by Michael Anderson, Disability Rights Texas, Isaac Lemelle, Joseph Ward. (Mitchell, Beth) (Entered: 07/29/2016)

July 29, 2016

July 29, 2016

PACER

Case Assigned to Judge Lee Yeakel. 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. (afd)

July 29, 2016

July 29, 2016

PACER
3

Letter to Coty Meibeyer re: Non-Admitted Status. (afd) (Entered: 08/01/2016)

Aug. 1, 2016

Aug. 1, 2016

PACER

Case Assigned/Reassigned

Aug. 1, 2016

Aug. 1, 2016

PACER
4

REQUEST FOR ISSUANCE OF SUMMONS by Disability Rights Texas. (Mitchell, Beth) (Entered: 08/01/2016)

Aug. 1, 2016

Aug. 1, 2016

PACER
5

MOTION to Appear Pro Hac Vice by Beth L. Mitchell ( Filing fee $ 100 receipt number 0542-8712158) by on behalf of Disability Rights Texas. (Attachments: # 1 Proposed Order Order)(Mitchell, Beth) (Entered: 08/01/2016)

Aug. 1, 2016

Aug. 1, 2016

PACER
6

CORRECTED MOTION to Appear Pro Hac Vice by Beth L. Mitchell ( Filing fee $ 100 receipt number 0542-8712934) by on behalf of Disability Rights Texas. (Attachments: # 1 Proposed Order Order)(Mitchell, Beth) (Entered: 08/01/2016)

Aug. 1, 2016

Aug. 1, 2016

PACER
7

Summons Issued as to John Hellerstedt. (afd) (Entered: 08/01/2016)

Aug. 1, 2016

Aug. 1, 2016

PACER
8

ORDER GRANTING 6 Motion by Coty Meibeyer to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (td) (Entered: 08/02/2016)

Aug. 2, 2016

Aug. 2, 2016

PACER
9

SUMMONS Returned Executed by Joseph Ward, Disability Rights Texas, Isaac Lemelle, Michael Anderson. All Defendants. (Mitchell, Beth) (Entered: 08/09/2016)

Aug. 9, 2016

Aug. 9, 2016

PACER
10

MOTION to Dismiss by John Hellerstedt. (Attachments: # 1 Exhibit 1 - Third Amended Petition, # 2 Exhibit 2 - Ps' MSJ.pdf, # 3 Exhibit 3 - Court of Appeals mandate)(Albright, Thomas) (Entered: 08/29/2016)

Aug. 29, 2016

Aug. 29, 2016

PACER
11

FIRST AMENDED COMPLAINT for Injunctive and Declaratory Relief against All Defendants, filed by Joseph Ward, Isaac Lemelle, Michael Anderson, Marc Lawson, Jennifer Lampkin, Alexander Soto and Morgan Areshchenko.(Mitchell, Beth) Modified on 9/13/2016 to modify text and add filers (klw). (Entered: 09/12/2016)

Sept. 12, 2016

Sept. 12, 2016

RECAP
12

RESPONSE to Motion, filed by Michael Anderson, Isaac Lemelle, Joseph Ward, re 10 MOTION to Dismiss filed by Defendant John Hellerstedt (Mitchell, Beth) (Entered: 09/12/2016)

Sept. 12, 2016

Sept. 12, 2016

PACER
13

ORDER DISMISSING WITHOUT PREJUDICE 10 Motion to Dismiss. Signed by Judge Lee Yeakel. (td) (Entered: 09/14/2016)

Sept. 13, 2016

Sept. 13, 2016

PACER
14

Amended MOTION to Dismiss by John Hellerstedt. (Albright, Thomas) (Entered: 09/26/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
15

RESPONSE to Motion, filed by Michael Anderson, Morgan Areshchenko, Disability Rights Texas, Jennifer Lampkin, Marc Lawson, Isaac Lemelle, Alexander Soto, re 14 Amended MOTION to Dismiss filed by Defendant John Hellerstedt (Mitchell, Beth) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
16

REPLY to Response to Motion, filed by John Hellerstedt, re 14 Amended MOTION to Dismiss filed by Defendant John Hellerstedt (Albright, Thomas) (Entered: 10/18/2016)

Oct. 18, 2016

Oct. 18, 2016

PACER
17

Proposed Scheduling Order Agreed by Michael Anderson, Morgan Areshchenko, Disability Rights Texas, Jennifer Lampkin, Marc Lawson, Isaac Lemelle, Alexander Soto, Joseph Ward. (Herrero, Christina) (Entered: 10/20/2016)

Oct. 20, 2016

Oct. 20, 2016

PACER
18

Proposed Scheduling Order Agreed by Morgan Areshchenko, Disability Rights Texas, Jennifer Lampkin, Marc Lawson, Isaac Lemelle, Alexander Soto, Joseph Ward. (Herrero, Christina) (Entered: 10/25/2016)

Oct. 25, 2016

Oct. 25, 2016

PACER
19

ORDER, (Initial Pretrial Conference set for 2/23/2017 at 10:30 AM before Judge Lee Yeakel). Signed by Judge Lee Yeakel. (td) (Entered: 10/28/2016)

Oct. 27, 2016

Oct. 27, 2016

PACER
20

Unopposed MOTION for Leave to File Plaintiff's Second Amended Complaint by Michael Anderson, Morgan Areshchenko, Disability Rights Texas, Jennifer Lampkin, Marc Lawson, Isaac Lemelle, Alexander Soto, Joseph Ward. (Attachments: # 1 Proposed Order, # 2 Second Amended Complaint)(Mitchell, Beth) (Entered: 11/22/2016)

Nov. 22, 2016

Nov. 22, 2016

PACER
21

ORDER REFERRING MOTION: 14 Amended MOTION to Dismiss filed by John Hellerstedt. Signed by Judge Lee Yeakel.. Referral Magistrate Judge: Andrew W. Austin. (dm) (Entered: 11/22/2016)

Nov. 22, 2016

Nov. 22, 2016

PACER
22

ORDER GRANTING 20 Motion for Leave to File. Signed by Judge Lee Yeakel. (jf) (Entered: 11/23/2016)

Nov. 23, 2016

Nov. 23, 2016

PACER
23

Second AMENDED COMPLAINT against John Hellerstedt re 11 First Amended Complaint, 1 Original Complaint, filed by Isaac Lemelle, Jennifer Lampkin, Cecil Adickes, Michael Anderson, Marc Lawson, Joseph Ward, Michael Gibson.(jf) (Entered: 11/23/2016)

Nov. 23, 2016

Nov. 23, 2016

RECAP
24

Unopposed MOTION for Leave to Exceed Page Limitation by Cecil Adickes, Michael Anderson, Michael Gibson, Jennifer Lampkin, Marc Lawson, Isaac Lemelle, Joseph Ward. (Attachments: # 1 Exhibit 1 - Plaintiffs' Motion for Class Certification, # 2 Proposed Order)(Mitchell, Beth) (Entered: 11/28/2016)

Nov. 28, 2016

Nov. 28, 2016

PACER

Notice of Correction

Nov. 28, 2016

Nov. 28, 2016

PACER

Motions No Longer Referred

Nov. 28, 2016

Nov. 28, 2016

PACER

Notice of Correction: re 24 Unopposed MOTION for Leave to Exceed Page Limitation. WHEN filing a Motion for Leave to Exceed Page Limitations in the AUSTIN Division, the document which exceeds the page limit should NOT be attached to the motion, but rather filed as a separate pleading. We will take the necessary steps to pull the Pleading from the Motion for leave to exceed page limit and get it added to the docket record. No further action is required. Please note this information for future filing purposes.(dm)

Nov. 28, 2016

Nov. 28, 2016

PACER
25

MOTION for Class Certification by Cecil Adickes, Michael Anderson, Michael Gibson, Jennifer Lampkin, Marc Lawson, Isaac Lemelle, Joseph Ward. (dm) (Entered: 11/28/2016)

Nov. 28, 2016

Nov. 28, 2016

PACER
26

ORDER DISMISSING 14 Motion to Dismiss. Signed by Judge Lee Yeakel. (dm) (Entered: 11/28/2016)

Nov. 28, 2016

Nov. 28, 2016

RECAP

Motions No Longer Referred: 14 Amended MOTION to Dismiss (dm)

Nov. 28, 2016

Nov. 28, 2016

PACER
27

ORDER GRANTING 24 Motion for Leave to File Excess Pages. Signed by Judge Lee Yeakel. (td) (Entered: 11/29/2016)

Nov. 29, 2016

Nov. 29, 2016

PACER
28

Unopposed MOTION for Extension of Time to File Response/Reply as to 25 MOTION to Certify Class by John Hellerstedt. (Attachments: # 1 Proposed Order)(Abrams, Michael) (Entered: 12/01/2016)

Dec. 1, 2016

Dec. 1, 2016

PACER
29

ORDER GRANTING 28 Motion for Extension of Time to File Response to Motion for Class Certification. Signed by Judge Lee Yeakel. (td) (Entered: 12/02/2016)

Dec. 2, 2016

Dec. 2, 2016

PACER
30

Amended MOTION to Dismiss by John Hellerstedt. (Albright, Thomas) (Entered: 12/07/2016)

Dec. 7, 2016

Dec. 7, 2016

PACER
31

RESPONSE to Motion, filed by Cecil Adickes, Michael Anderson, Michael Gibson, Jennifer Lampkin, Marc Lawson, Isaac Lemelle, Joseph Ward, re 30 Amended MOTION to Dismiss filed by Defendant John Hellerstedt (Mitchell, Beth) (Entered: 12/12/2016)

Dec. 12, 2016

Dec. 12, 2016

PACER
32

ORDER REFERRING MOTION: 30 Amended MOTION to Dismiss filed by John Hellerstedt. Signed by Judge Lee Yeakel. Referral Magistrate Judge: Andrew W. Austin. (td) (Entered: 12/13/2016)

Dec. 13, 2016

Dec. 13, 2016

PACER
33

REPLY to Response to Motion, filed by John Hellerstedt, re 30 Amended MOTION to Dismiss filed by Defendant John Hellerstedt (Albright, Thomas) (Entered: 12/19/2016)

Dec. 19, 2016

Dec. 19, 2016

PACER
34

Unopposed MOTION for Leave to Exceed Page Limitation in response to Plaintiffs' Motion for Class Certification by John Hellerstedt. (Attachments: # 1 Proposed Order)(Abrams, Michael) (Entered: 12/20/2016)

Dec. 20, 2016

Dec. 20, 2016

PACER
35

RESPONSE to Motion, filed by John Hellerstedt, re 25 MOTION to Certify Class filed by Plaintiff Michael Anderson, Plaintiff Michael Gibson, Plaintiff Jennifer Lampkin, Plaintiff Joseph Ward, Plaintiff Isaac Lemelle, Plaintiff Cecil Adickes, Plaintiff Marc Lawson (Attachments: # 1 Exhibit A-Declaration of Timothy Bray, # 2 Proposed Order)(Albright, Thomas) (Entered: 12/22/2016)

Dec. 22, 2016

Dec. 22, 2016

PACER
36

ORDER GRANTING 34 Motion for Leave to File Excess Pages. Signed by Judge Lee Yeakel. (td) (Entered: 12/27/2016)

Dec. 22, 2016

Dec. 22, 2016

PACER
37

Unopposed MOTION for Leave to Exceed Page Limitation by Cecil Adickes, Michael Anderson, Michael Gibson, Jennifer Lampkin, Marc Lawson, Isaac Lemelle, Joseph Ward. (Attachments: # 1 Proposed Order)(Herrero, Christina) (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

PACER
38

REPLY to Response to Motion, filed by Cecil Adickes, Michael Anderson, Michael Gibson, Jennifer Lampkin, Marc Lawson, Isaac Lemelle, Joseph Ward, re 25 MOTION to Certify Class filed by Plaintiff Michael Anderson, Plaintiff Michael Gibson, Plaintiff Jennifer Lampkin, Plaintiff Joseph Ward, Plaintiff Isaac Lemelle, Plaintiff Cecil Adickes, Plaintiff Marc Lawson (Herrero, Christina) (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

PACER
39

ORDER GRANTING 37 Motion for Leave to File Excess Pages. Signed by Judge Lee Yeakel. (td) (Entered: 01/18/2017)

Jan. 18, 2017

Jan. 18, 2017

PACER
40

ORDER, (Initial Pretrial Conference reset for 2/27/2017 at 10:30 AM before Judge Lee Yeakel). Signed by Judge Lee Yeakel. (td) (Entered: 01/27/2017)

Jan. 27, 2017

Jan. 27, 2017

PACER
41

Unopposed MOTION for Leave to File Defendant's Sur-Reply to Plaintiffs' Motion for Class Certification by John Hellerstedt. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Abrams, Michael) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
42

ORDER GRANTING 41 Motion for Leave to File Sur-Reply. Signed by Judge Lee Yeakel. (td) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
43

SUR-REPLY filed by John Hellerstedt, re 25 MOTION to Certify Class filed by Plaintiff Michael Anderson, Plaintiff Michael Gibson, Plaintiff Jennifer Lampkin, Plaintiff Joseph Ward, Plaintiff Isaac Lemelle, Plaintiff Cecil Adickes, Plaintiff Marc Lawson (td) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
44

NOTICE of Vacation - Beth Mitchell by Cecil Adickes, Michael Anderson, Michael Gibson, Jennifer Lampkin, Marc Lawson, Isaac Lemelle, Joseph Ward (Mitchell, Beth) (Entered: 02/10/2017)

Feb. 10, 2017

Feb. 10, 2017

PACER
45

ORDER, Set Motion Hearing for 30 Amended MOTION to Dismiss ( Motion Hearing set for 3/28/2017 10:30 AM before Judge Andrew W. Austin). Signed by Judge Andrew W. Austin. (td) (Entered: 02/15/2017)

Feb. 15, 2017

Feb. 15, 2017

PACER
46

Minute Entry for proceedings held before Judge Lee Yeakel: Initial Pretrial Conference held on 2/27/2017 (Minute entry documents are not available electronically.). (Court Reporter Arlinda Rodriguez.)(td) (Entered: 02/27/2017)

Feb. 27, 2017

Feb. 27, 2017

PACER
47

SCHEDULING ORDER: Final Pretrial Conference set for 6/29/2018 at 10:00 AM before Judge Lee Yeakel, ADR Report Deadline due by 8/21/2017, Amended Pleadings due by 5/1/2017, Discovery due by 1/8/2018, Joinder of Parties due by 5/1/2017, Motions due by 2/5/2018. Signed by Judge Lee Yeakel. (td) (Entered: 02/27/2017)

Feb. 27, 2017

Feb. 27, 2017

PACER
48

Minute Entry for proceedings held before Judge Andrew W. Austin: Motion Hearing held on 3/28/2017 re 30 Amended MOTION to Dismiss filed by John Hellerstedt (Minute entry documents are not available electronically.). (Court Reporter FTR Gold - ERO.)(td) (Entered: 03/28/2017)

March 28, 2017

March 28, 2017

PACER
49

REPORT AND RECOMMENDATIONS re 30 Motion to Dismiss filed by John Hellerstedt. Signed by Judge Andrew W. Austin. (ml) (Entered: 04/28/2017)

April 28, 2017

April 28, 2017

RECAP

Motions No Longer Referred

April 28, 2017

April 28, 2017

PACER

Motions No Longer Referred: 30 Amended MOTION to Dismiss (ml)

April 28, 2017

April 28, 2017

PACER
50

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 30 Motion to Dismiss filed by John Hellerstedt, 49 Report and Recommendations. Signed by Judge Lee Yeakel. (td) (Entered: 06/15/2017)

June 14, 2017

June 14, 2017

PACER
51

Defendant's ANSWER to 23 Amended Complaint by John Hellerstedt.(Albright, Thomas) (Entered: 06/28/2017)

June 28, 2017

June 28, 2017

PACER
52

ADVISORY TO THE COURT by John Hellerstedt. (Albright, Thomas) (Entered: 08/16/2017)

Aug. 16, 2017

Aug. 16, 2017

PACER
53

ADR Report Filed - Parties' Joint Alternative Dispute Resolution Report by Cecil Adickes, Michael Anderson, Michael Gibson, Jennifer Lampkin, Marc Lawson, Isaac Lemelle, Joseph Ward(Mitchell, Beth) (Entered: 08/17/2017)

Aug. 17, 2017

Aug. 17, 2017

PACER
54

ADVISORY TO THE COURT by Cecil Adickes, Michael Anderson, Michael Gibson, Jennifer Lampkin, Marc Lawson, Isaac Lemelle, Joseph Ward. (Mitchell, Beth) (Entered: 08/17/2017)

Aug. 17, 2017

Aug. 17, 2017

PACER
55

ORDER GRANTING 25 Motion to Certify Class. Signed by Judge Lee Yeakel. (td) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

PACER

Set/Reset Hearings

Sept. 1, 2017

Sept. 1, 2017

PACER

Set/Reset Hearings: Conference after Class Certification set for 10/16/2017 at 9:30 AM before Judge Lee Yeakel. (td)

Sept. 1, 2017

Sept. 1, 2017

PACER
56

ADVISORY TO THE COURT by John Hellerstedt. (Albright, Thomas) (Entered: 09/20/2017)

Sept. 20, 2017

Sept. 20, 2017

PACER
57

Unopposed MOTION to Substitute Attorney by Cecil Adickes, Michael Anderson, Michael Gibson, Jennifer Lampkin, Marc Lawson, Isaac Lemelle, Joseph Ward. (Attachments: # 1 Proposed Order)(Mitchell, Beth) (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

PACER
58

ORDER GRANTING 57 Motion to Substitute Attorney. Signed by Judge Lee Yeakel. (td) (Entered: 09/25/2017)

Sept. 22, 2017

Sept. 22, 2017

PACER
59

AMENDED COMPLAINT against Charles Smith amending, filed by Isaac Lemelle, Jennifer Lampkin, Cecil Adickes, Michael Anderson, Marc Lawson, Joseph Ward, Michael Gibson, Kenneth Jones, Mary Sapp.(Mitchell, Beth) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

RECAP
60

ORDER of USCA (certified copy). ORDERED that the motion for leave to appeal under Fed. R. Civ. P. 23(f) is GRANTED. (td) (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

PACER
61

Defendant's ANSWER to 59 Amended Complaint . Attorney Thomas A. Albright added to party Charles Smith(pty:dft) by Charles Smith.(Albright, Thomas) (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

PACER
62

Minute Entry for proceedings held before Judge Lee Yeakel: Status Conference held on 10/16/2017 (Minute entry documents are not available electronically.). (Court Reporter Arlinda Rodriguez.)(td) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
63

Unopposed MOTION to Stay Case or Alternative Motion to Modify Scheduling Order by Charles Smith. (Attachments: # 1 Proposed Order)(Albright, Thomas) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

PACER
64

ATTACHMENT A to 63 Unopposed MOTION to Stay Case or Alternative Motion to Modify Scheduling Order by Charles Smith. (Albright, Thomas) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

PACER
65

MOTION to Appoint Class Representatives by Cecil Adickes, Michael Anderson, Michael Gibson, Kenneth Jones, Jennifer Lampkin, Marc Lawson, Isaac Lemelle, Mary Sapp, Joseph Ward. (Attachments: # 1 Proposed Order)(Mitchell, Beth) (Entered: 10/17/2017)

1 Proposed Order

View on PACER

Oct. 17, 2017

Oct. 17, 2017

PACER
66

Response in Opposition to Motion, filed by Charles Smith, re 65 MOTION to Appoint Class Representatives filed by Plaintiff Michael Gibson, Plaintiff Isaac Lemelle, Plaintiff Cecil Adickes, Plaintiff Kenneth Jones, Plaintiff Michael Anderson, Plaintiff Mary Sapp, Plaintiff Jennifer Lampkin, Plaintiff Joseph Ward, Plaintiff Marc Lawson (Attachments: # 1 Proposed Order)(Albright, Thomas) (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

PACER
67

Appeal of Order entered by District Judge 55 by John Hellerstedt. ( Filing fee $ 505 receipt number 0542-10090135) (Attachments: # 1 Supplement 5th Circuit Order)(Albright, Thomas) (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

PACER
68

Transcript filed of Proceedings held on October 16, 2017, Proceedings Transcribed: Conference. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-391-8791. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 11/13/2017, Redacted Transcript Deadline set for 11/20/2017, Release of Transcript Restriction set for 1/18/2018, (Rodriguez, Arlinda) (Entered: 10/20/2017)

Oct. 20, 2017

Oct. 20, 2017

RECAP
69

NOTICE Transcript Order Form by John Hellerstedt, Charles Smith (Albright, Thomas) (Entered: 10/20/2017)

Oct. 20, 2017

Oct. 20, 2017

PACER
70

REPLY to Response to Motion, filed by Cecil Adickes, Michael Anderson, Michael Gibson, Kenneth Jones, Jennifer Lampkin, Marc Lawson, Isaac Lemelle, Mary Sapp, Joseph Ward, re 65 MOTION to Appoint Class Representatives filed by Plaintiff Michael Gibson, Plaintiff Isaac Lemelle, Plaintiff Cecil Adickes, Plaintiff Kenneth Jones, Plaintiff Michael Anderson, Plaintiff Mary Sapp, Plaintiff Jennifer Lampkin, Plaintiff Joseph Ward, Plaintiff Marc Lawson (Mitchell, Beth) (Entered: 10/24/2017)

Oct. 24, 2017

Oct. 24, 2017

PACER

Certification of the Electronic Record on Appeal has been accepted by the 5th Circuit re 67 Notice of Appeal. Attorneys are advised that they may now download the EROA from the Fifth Circuit CM/ECF site by following these instructions here. (td)

Oct. 31, 2017

Oct. 31, 2017

PACER

Notice

Oct. 31, 2017

Oct. 31, 2017

PACER
71

ORDER GRANTING 63 Motion to Stay Proceedings. Signed by Judge Lee Yeakel. (td) (Entered: 11/02/2017)

Nov. 2, 2017

Nov. 2, 2017

PACER
72

ORDER setting Status Conference on Wednesday, 11/7/2018 02:00 PM before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (td) (Entered: 10/24/2018)

Oct. 24, 2018

Oct. 24, 2018

PACER
73

NOTICE of Attorney Appearance by Michael Abrams on behalf of Charles Smith. Attorney Michael Abrams added to party Charles Smith(pty:dft) (Abrams, Michael) (Entered: 10/29/2018)

Oct. 29, 2018

Oct. 29, 2018

PACER
74

Unopposed MOTION to Substitute Party Defendant by Charles Smith. (Attachments: # 1 Proposed Order)(Abrams, Michael) (Entered: 10/29/2018)

Oct. 29, 2018

Oct. 29, 2018

PACER
75

ORDER GRANTING 74 Motion to Substitute Party. Dr. Courtney Phillips added. Signed by Judge Lee Yeakel. (td) (Entered: 10/30/2018)

Oct. 30, 2018

Oct. 30, 2018

PACER
76

Certified copy of USCA JUDGMENT/MANDATE re 67 Notice of Appeal (E-Filed) filed by John Hellerstedt. Ordered and adjudged that the judgment of the District Court isvacated, and the cause is remanded to the District Court for furtherproceedings in accordance with the opinion of this Court. (td) (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

RECAP
77

Minute Entry for proceedings held before Judge Lee Yeakel: Status Conference held on 11/7/2018 (Minute entry documents are not available electronically.). (Court Reporter Arlinda Rodriguez.)(dm) (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

PACER
78

Order for Proposed Scheduling Order, due by 11/19/2018. Signed by Judge Lee Yeakel. (td) (Entered: 11/08/2018)

Nov. 8, 2018

Nov. 8, 2018

PACER
79

Proposed Scheduling Order Agreed by Cecil Adickes, Michael Anderson, Morgan Areshchenko, Disability Rights Texas, Michael Gibson, Kenneth Jones, Jennifer Lampkin, Marc Lawson, Isaac Lemelle, Mary Sapp, Alexander Soto, Joseph Ward. (Mitchell, Beth) (Entered: 11/19/2018)

Nov. 19, 2018

Nov. 19, 2018

PACER
80

AGREED SCHEDULING ORDER, (Class Certification Hearing set for 9/23/2019 09:30 AM before Judge Lee Yeakel, Prehearing Conference set for 9/12/2019 09:30 AM before Judge Lee Yeakel). Signed by Judge Lee Yeakel. (td) (Entered: 12/10/2018)

Dec. 10, 2018

Dec. 10, 2018

PACER
81

ADVISORY TO THE COURT by Joseph Ward. (Mitchell, Beth) (Entered: 12/31/2018)

Dec. 31, 2018

Dec. 31, 2018

PACER
82

ORDER setting Telephone Conference for 1/18/2019 at 2:00 PM before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (td) (Entered: 01/16/2019)

Jan. 16, 2019

Jan. 16, 2019

PACER
83

Minute Entry for proceedings held before Judge Lee Yeakel: Telephone Conference held on 1/18/2019 (Minute entry documents are not available electronically.). (Court Reporter Arlinda Rodriguez.)(td) (Entered: 01/18/2019)

Jan. 18, 2019

Jan. 18, 2019

PACER
84

ORDER DISMISSING WITHOUT PREJUDICE 65 Motion to Appoint Class Representatives. Signed by Judge Lee Yeakel. (td) (Entered: 01/22/2019)

Jan. 22, 2019

Jan. 22, 2019

PACER
85

Joint MOTION for Protective Order by Courtney Phillips. (Attachments: # 1 Exhibit 1-Confidentiality and Protective Order)(Albright, Thomas) (Entered: 02/28/2019)

Feb. 28, 2019

Feb. 28, 2019

PACER
86

CONFIDENTIALITY AND PROTECTIVE ORDER. Signed by Judge Lee Yeakel. (td) (Entered: 03/04/2019)

March 1, 2019

March 1, 2019

RECAP
87

MOTION to Appear Pro Hac Vice by Beth L. Mitchell for John Michael Gaddis ( Filing fee $ 100 receipt number 0542-11937789) by on behalf of Cecil Adickes, Michael Anderson, Michael Gibson, Kenneth Jones, Jennifer Lampkin, Marc Lawson, Isaac Lemelle, Mary Sapp, Joseph Ward. (Attachments: # 1 Proposed Order)(Mitchell, Beth) (Entered: 03/29/2019)

March 29, 2019

March 29, 2019

PACER
88

Unopposed MOTION for Leave to File Plaintiffs' Fourth Amended Complaint for Injunctive and Declaratory Relief by Cecil Adickes, Michael Anderson, Michael Gibson, Kenneth Jones, Jennifer Lampkin, Marc Lawson, Isaac Lemelle, Mary Sapp, Joseph Ward. (Attachments: # 1 Exhibit Fourth Amended Complaint, # 2 Proposed Order)(Mitchell, Beth) (Entered: 03/29/2019)

March 29, 2019

March 29, 2019

PACER

Case Details

State / Territory: Texas

Case Type(s):

Disability Rights

Mental Health (Facility)

Prison Conditions

Key Dates

Filing Date: July 28, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A single class consisting of: “All persons who are now, or will be in the future, (a) charged with a crime in the State of Texas, (b) ordered by a Texas court to a Texas Department of State Health Services facility where they are to receive competency-restoration services; but (c) because the Texas Department of State Services maintains insufficient forensic capacity, (d) remain detained in a Texas county jail more than 21 days from the day the Texas Department of State Health Services receives the court order to the day the Texas Department of Health Services makes a bed available in a Texas Department of Health Services mental health facility” and named class representatives.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Texas Department of State Health Services., State

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Disability and Disability Rights:

Mental impairment

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Deinstitutionalization/decarceration

Placement in detention facilities

Placement in mental health facilities