Case: Gordon v. Texas

4:98-cv-00394 | U.S. District Court for the Southern District of Texas

Filed Date: Feb. 11, 1998

Closed Date: Nov. 22, 1999

Clearinghouse coding in progress

Case Summary

On February 13, 1996, the plaintiff, a deaf high school student, was detained by the Houston Police Department (HPD) at the Houston City Jail. Plaintiff alleged that HPD repeatedly refused to obtain a sign language interpreter or provide access to a teletypewriter (TTY) for communication. Plaintiff was transferred to Harris County Jail on February 28, 1996 and alleged that he was again denied access to communication accommodations. Plaintiff further alleged that he was not provided an interpret…

On February 13, 1996, the plaintiff, a deaf high school student, was detained by the Houston Police Department (HPD) at the Houston City Jail. Plaintiff alleged that HPD repeatedly refused to obtain a sign language interpreter or provide access to a teletypewriter (TTY) for communication. Plaintiff was transferred to Harris County Jail on February 28, 1996 and alleged that he was again denied access to communication accommodations. Plaintiff further alleged that he was not provided an interpreter during his initial appearance before a magistrate or subsequent appearances before a judge. Throughout this process, plaintiff alleged that he was never advised of his right to accommodations or available grievance procedures.

Plaintiff filed a lawsuit on February 11, 1998 challenging the alleged discrimination during this detention in violation of the Rehabilitation Act, the ADA, and Chapter 121 of the Texas Human Resources Code. He sued the State of Texas, Harris County, and the City of Houston as well as the judge, magistrate, chief corrections officer, and sheriff in their official capacities. Plaintiff sought declaratory, injunctive, and monetary relief. The case was assigned to Magistrate Judge Nancy K. Johnson for pre-trial proceedings and to Judge John D. Rainey.

On March 9, 1998, Harris County filed their answer and the Harris County Sheriff filed a motion to dismiss plaintiff's claims against him. The State of Texas answered the complaint on April 2, 1998. The remaining defendants filed their answers on April 13, 1998. On April 17, 1998, Judge Rainey granted the Sheriff's motion to dismiss on efficiency grounds because she found that the claims against the Sheriff were redundant.

On May 8, 1998, Harris County filed a motion for judgment on the pleadings. The County argued that the ADA and Rehabilitation Act claims should be dismissed because the statutes did not apply to county jail facilities. Judge Rainey denied the County's motion to dismiss on July 1, 1998. Judge Rainey relied on the Supreme Court's June 15, 1998 decision in Pennsylvania Dept. of Corrections v. Yeskey to conclude that the ADA and Rehabilitation Act did apply to the County. 

The chief corrections officer then filed an unopposed motion to dismiss on May 14, 1998. This motion was granted on May 19, 1998.

The remaining parties then proceeded to discovery and settlement conferences.

On September 24, 1998, the defendant judge, magistrate, and State of Texas filed a joint motion to dismiss. The docket does not contain a ruling on this motion to dismiss.

Plaintiff filed his first amended complaint on November 13, 1998. The City of Houston filed a counterclaim on December 18, 1998. On December 18, 1998, the US Attorney General stated that the DOJ would not intervene in the case.

The parties continued to litigate discovery disputes throughout the beginning of 1999. The parties began mediation on May 13, 1999.

On September 10, 1999, plaintiff notified the mediator that he had reached a settlement with all defendants except the State of Texas. The settlement terms included $45,000 in damages and new policies related to communication disability accommodations in Harris County jail facilities. These new policies included notifications of rights under the ADA, grievance procedures, and available accommodations. The County agreed to provide TTYs and interpreter services and developed procedures for the provision of those accommodations. The County also agreed to provide training to all staff of inmates' rights under the ADA.  In exchange, plaintiff agreed to dismiss the action.  The settlement agreement between the parties was to remain in effect for 5 years.  The court dismissed the claims against those defendants with prejudice on October 7, 1999.

On October 18, 1999, plaintiff and the State of Texas reached a settlement. Texas agreed to pay the plaintiff $15,000 in damages. The claims against the State of Texas were dismissed with prejudice on November 8, 1999.

Summary Authors

Hannah Shilling (7/4/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13831311/parties/gordon-v-the-state-of-texas/


Attorneys(s) for Plaintiff

Charmatz, Marc (Maryland)

Jonson, William (Texas)

Attorneys(s) for Defendant

Wilder, Tanya (Texas)

Other Attorney(s)

Active

Active

Active

Attorneys(s) for Plaintiff

Charmatz, Marc (Maryland)

Jonson, William (Texas)

Attorneys(s) for Defendant

Wilder, Tanya (Texas)

Other Attorney(s)

Bowen, L. Irene (- United States (national) -)

Sutherland, Daniel W. (- United States (national) -)

Wodatch, John L. (- United States (national) -)

Documents in the Clearinghouse

Document
1

4:98-cv-00394

Plaintiff's OriginalComplaint

Gordon v. State of Texas

Feb. 11, 1998

Feb. 11, 1998

Complaint

Settlement Agreement between the United States of America, Rashad Gordon, Michael Edwards, and the City of Houston, Texas

Gordon v. State of Texas

No Court

Aug. 9, 1999

Aug. 9, 1999

Settlement Agreement

4:98-cv-00394

Settlement Agreement and Release of Claims

Gordon v. State of Texas

Aug. 9, 1999

Aug. 9, 1999

Settlement Agreement
121

4:98-cv-00394

Compromise and Settlement Agreement

Oct. 18, 1999

Oct. 18, 1999

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13831311/gordon-v-the-state-of-texas/

Last updated June 9, 2022, 3:25 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; FILING FEE $ 150.00 RECEIPT # 475332 (bchurchill) (Entered: 02/12/1998)

Feb. 11, 1998

Feb. 11, 1998

Clearinghouse
2

ORDER for Conf set scheduling conference for 8:45 6/16/98 before Magistrate Judge Nancy K. Johnson, entered; Parties notified. (bchurchill) (Entered: 02/12/1998)

Feb. 11, 1998

Feb. 11, 1998

PACER
3

MOTION for Marc Charmatz to appear pro hac vice, by Rashad Jade Gordon, Motion Docket Date 3/15/98 [3-1] motion, filed. (psmith) (Entered: 02/23/1998)

Feb. 23, 1998

Feb. 23, 1998

PACER
4

ANSWER to Complaint filed by Harris County Texas; (Added attorney Barbara Toby Baruch); jury demand (fmremp) (Entered: 03/10/1998)

March 9, 1998

March 9, 1998

PACER
5

MOTION to dismiss filed by Tommy Thomas; Motion Docket Date 3/29/98 [5-1] motion . (fmremp) (Entered: 03/10/1998)

March 9, 1998

March 9, 1998

PACER
6

RETURN OF SERVICE executed as to Charles Noble 2/25/98 filed Answer due on 3/17/98 for Charles Noble (psmith) (Entered: 03/10/1998)

March 10, 1998

March 10, 1998

PACER
7

RETURN OF SERVICE executed as to Carol Carrier 2/25/98 filed Answer due on 3/17/98 for Carol Carrier (psmith) (Entered: 03/10/1998)

March 10, 1998

March 10, 1998

PACER
8

RETURN OF SERVICE executed as to Jim Wallace 2/25/98 filed Answer due on 3/17/98 for Jim Wallace (psmith) (Entered: 03/10/1998)

March 10, 1998

March 10, 1998

PACER
9

RETURN OF SERVICE executed as to Charles Noble 2/25/98 filed (psmith) (Entered: 03/10/1998)

March 10, 1998

March 10, 1998

PACER
10

RETURN OF SERVICE executed as to Harris County Texas 2/25/98 filed; Answer due on 3/17/98 for Harris County Texas (psmith) (Entered: 03/10/1998)

March 10, 1998

March 10, 1998

PACER
11

RETURN OF SERVICE executed as to Tommy Thomas 2/25/98 filed Answer due on 3/17/98 for Tommy Thomas (psmith) (Entered: 03/10/1998)

March 10, 1998

March 10, 1998

PACER
12

RETURN OF SERVICE executed as to Tommy Thomas 2/25/98 filed (psmith) (Entered: 03/10/1998)

March 10, 1998

March 10, 1998

PACER
13

RETURN OF SERVICE executed as to C O Bradford 2/26/98 filed Answer due on 3/18/98 for C O Bradford (psmith) (Entered: 03/10/1998)

March 10, 1998

March 10, 1998

PACER
14

RETURN OF SERVICE executed as to The City of Houston 2/26/98 filed; Answer due on 3/18/98 for The City of Houston (psmith) (Entered: 03/10/1998)

March 10, 1998

March 10, 1998

PACER
15

RETURN OF SERVICE executed as to C O Bradford 2/26/98 filed (psmith) (Entered: 03/10/1998)

March 10, 1998

March 10, 1998

PACER
16

RETURN OF SERVICE executed as to The State of Texas 2/26/98 filed; Answer due on 3/18/98 for The State of Texas (psmith) (Entered: 03/10/1998)

March 10, 1998

March 10, 1998

PACER
17

DEFTS' MOTION for extension of time to file answer to pltf's original complaint by The State of Texas, Jim Wallace, Carol Carrier, Motion Docket Date 4/7/98 [17-1] motion, filed. (ddarneille) (Entered: 03/19/1998)

March 18, 1998

March 18, 1998

PACER
18

STIPULATION that Deft City of Houston's answer shall not be due until April 8, 1998, by Rashad Jade Gordon, The City of Houston, filed. (psmith) (Entered: 03/27/1998)

March 26, 1998

March 26, 1998

PACER

Deadline updated; The answer date is extended to 4/8/98 for The City of Houston, for C O Bradford (psmith)

March 26, 1998

March 26, 1998

PACER
19

STIPULATION re: extend submission date by Rashad Jade Gordon (Pltf and Defts stipulate that Pltf's response to Thomas' and Noble's Motion to Dismiss Official Capacity Claims shall not be de until 4/13/98, filed. (fmremp) (Entered: 03/27/1998)

March 27, 1998

March 27, 1998

PACER
20

ANSWER to Complaint by The State of Texas, Jim Wallace, Carol Carrier, filed.; jury demand (psmith) (Entered: 04/02/1998)

April 2, 1998

April 2, 1998

PACER
21

Response and ANSWER to Complaint by The City of Houston, filed.; jury demand (ltien) (Entered: 04/14/1998)

April 13, 1998

April 13, 1998

PACER
22

ANSWER to Complaint by C O Bradford, filed.; jury demand (ltien) (Entered: 04/14/1998)

April 13, 1998

April 13, 1998

PACER
23

RESPONSE by Rashad Jade Gordon to Tommy Thomas and Charles Noble's [5-1] motion to dismiss (sic) official capacity claims, filed. (ltien) (Entered: 04/14/1998)

April 13, 1998

April 13, 1998

PACER
24

REPLY by Tommy Thomas, Charles Noble to Pltfs response to their [5-1] motion to dismiss official capacity claims, filed (psmith) (Entered: 04/15/1998)

April 15, 1998

April 15, 1998

PACER
28

ORDER: Pltfs official capacity claims against Thomas and Noble are redundant and their continued presence in this action will only clutter the issues. Thomas and Nobles' [5-1] motion to dismiss is GRANTED and pltfs official capacity claims against Thomas and Nobles are DISMISSED, entered; Parties notified. ( signed by Judge John D. Rainey ) (psmith) (Entered: 04/22/1998)

April 17, 1998

April 17, 1998

PACER
25

RESPONSE by Rashad Jade Gordon to Thomas' and Nobles' Reply and [5-1] motion to dismiss of Thomas and Noble in their official capacity, filed (psmith) (Entered: 04/20/1998)

April 20, 1998

April 20, 1998

PACER
26

Notice of change of address by Harris County Texas' atty Barbara Baruch with the Harris County Attorneys Ofc, filed. (fmremp) (Entered: 04/21/1998)

April 21, 1998

April 21, 1998

PACER
27

REPLY to Pltf's notice of dismissal by Harris County Texas, filed. (fmremp) (Entered: 04/21/1998)

April 21, 1998

April 21, 1998

PACER
29

MOTION for judgment on the pleadings with supporting cases by Harris County Texas, Motion Docket Date 5/28/98 [29-1] motion, filed. (ltien) (Entered: 05/08/1998)

May 8, 1998

May 8, 1998

PACER
30

UNOPPOSED MOTION to dismiss by C O Bradford, Motion Docket Date 6/3/98 [30-1] motion, filed. (ltien) (Entered: 05/14/1998)

May 14, 1998

May 14, 1998

PACER
31

STIPULATION for Extending Submission Date for Deft Harris County's Motion for Judgment On the Pleadings, by Rashad Jade Gordon, filed. (psmith) (Entered: 05/18/1998)

May 18, 1998

May 18, 1998

PACER
32

ORDER granting Chief C.O. Bradford's [30-1] motion to dismiss, entered; pltf's cause is action is DISMISSED against Bradford. Parties notified. ( signed by Judge John D. Rainey ) (ltien) (Entered: 05/22/1998)

May 19, 1998

May 19, 1998

PACER
33

JOINT DISCOVERY/Case Management Plan by Rashad Jade Gordon, The State of Texas, The City of Houston, filed. (psmith) (Entered: 06/05/1998)

June 5, 1998

June 5, 1998

PACER
34

MEMORANDUM by Rashad Jade Gordon in opposition to Harris County's [29-1] motion for judgment on the pleadings, filed (psmith) (Entered: 06/08/1998)

June 5, 1998

June 5, 1998

PACER
35

Revised MEMORANDUM by Rashad Jade Gordon in opposition to Harris County's [29-1] motion for judgment on the pleadings, filed (ltien) (Entered: 06/09/1998)

June 9, 1998

June 9, 1998

PACER
36

MOTION to take judicial notice and to supplement plaintiff's memorandum in opposition to defendant Harris County's motion for judgment on the pleadings by Rashad Jade Gordon, Motion Docket Date 7/5/98 [36-1] motion, filed. (fmremp) (Entered: 06/15/1998)

June 15, 1998

June 15, 1998

PACER
37

SCHEDULING CONFERENCE held before Magistrate Judge Nancy K. Johnson on 6/16/98. Apps: Roberts; Werner; Baruch; Schlosser. Schedule to follow. Ct Reporter: taped (psmith) (Entered: 06/16/1998)

June 16, 1998

June 16, 1998

PACER
38

ORDER granting [3-1] motion for Marc Charmatz to appear pro hac vice as attorney for Pltf, entered; Parties notified. ( signed by Magistrate Judge Nancy K. Johnson ) (psmith) (Entered: 06/16/1998)

June 16, 1998

June 16, 1998

PACER
39

SCHEDULING ORDER setting Amending of pleadings 8/31/98 ; Joining of parties 8/31/98 ; Pltf expert witness list submitted by 1/8/99 ; Deft expert witness list submitted by 2/19/99 ; Discovery cutoff 3/31/99 ; Deadline for filing all dispositive motions 4/16/99 ; Deadline for filing non-dispositive motions 4/16/99 ; Pretrial order to be submitted on or before 7/16/99 ; Docket call deadline 12:00 7/23/99 before Judge John D. Rainey: ETT: 7 days/jury; Attorney Conference to be held by December 31, 1998; entered. Parties notified. Trial Term: August 1999. ( Signed by Magistrate Judge Nancy K. Johnson ) (psmith) (Entered: 06/17/1998)

June 16, 1998

June 16, 1998

PACER
40

INITIAL DISCLOSURE pursuant to Order for Accelerated Discovery by Harris County Texas, filed. (psmith) (Entered: 06/29/1998)

June 26, 1998

June 26, 1998

PACER
41

INITIAL DISCLOSURE pursuant to Order for Accelerated Discovery by Rashad Jade Gordon, filed. (psmith) (Entered: 06/30/1998)

June 29, 1998

June 29, 1998

PACER
42

INITIAL DISCLOSURE pursuant to Order for Accelerated Discovery by The City of Houston, filed. (psmith) (Entered: 06/30/1998)

June 29, 1998

June 29, 1998

PACER
44

ORDER denying Harris County's [29-1] motion for judgment on the pleadings, entered; Parties notified. ( signed by Judge John D. Rainey ) (psmith) (Entered: 07/06/1998)

July 1, 1998

July 1, 1998

PACER
43

DEFT'S INITIAL DISCLOSURE pursuant to Order for Accelerated Discovery by The City of Houston, filed. (ddarneille) (Entered: 07/02/1998)

July 2, 1998

July 2, 1998

PACER
45

ORDER granting Defts [17-1] motion for extension of time to file answer to pltf's original complaint, entered; Parties notified. ( signed by Judge John D. Rainey ) (psmith) (Entered: 08/11/1998)

Aug. 11, 1998

Aug. 11, 1998

PACER
46

UNOPPOSED MOTION for extension of scheduling order deadlines, by Rashad Jade Gordon, Motion Docket Date 9/20/98 [46-1] motion, filed. (psmith) (Entered: 08/31/1998)

Aug. 31, 1998

Aug. 31, 1998

PACER
47

ORDER granting Pltfs [46-1] motion for extension of scheduling order deadlines. The Joinder and Amendment deadlines are extended through 9/30/98, entered; Parties notified. ( signed by Judge John D. Rainey ) (psmith) (Entered: 09/14/1998)

Sept. 14, 1998

Sept. 14, 1998

PACER
48

AGREED MOTION for extension of deadline on amendment of pleadings by Rashad Jade Gordon, Harris County Texas, filed. (fmremp) (Entered: 09/16/1998)

Sept. 16, 1998

Sept. 16, 1998

PACER
49

UNOPPOSED MOTION to substitute attorney Richard Urra in place of Rebecca Schlosser, by The City of Houston, Motion Docket Date 10/7/98 [49-1] motion, filed. (psmith) (Entered: 09/17/1998)

Sept. 17, 1998

Sept. 17, 1998

PACER
53

ORDER granting Deft City of Houston's [49-1] motion to substitute attorney Richard Urra in place of Rebecca Schlosser, entered; Parties notified. ( signed by Judge John D. Rainey ) (psmith) (Entered: 09/25/1998)

Sept. 21, 1998

Sept. 21, 1998

PACER
54

ORDER granting [48-1] agreed motion for extension of deadline on amendment of pleadings. The amended pleadings deadline is extended to 11/5/98 for Harris County, entered; Parties notified. ( signed by Judge John D. Rainey ) (psmith) (Entered: 09/25/1998)

Sept. 21, 1998

Sept. 21, 1998

PACER
50

MOTION to dismiss, by The State of Texas, Jim Wallace, Carol Carrier, Motion Docket Date 10/14/98 [50-1] motion, filed. (psmith) (Entered: 09/24/1998)

Sept. 24, 1998

Sept. 24, 1998

PACER
51

MEMORANDUM by The State of Texas, Jim Wallace, Carol Carrier in support of their [50-1] motion to dismiss, filed (psmith) (Entered: 09/24/1998)

Sept. 24, 1998

Sept. 24, 1998

PACER
52

MOTION for protective order, and to quash, by Jim Wallace, Carol Carrier, Motion Docket Date 10/14/98 [52-1] motion, 10/14/98 [52-2] motion, filed. (psmith) (Entered: 09/24/1998)

Sept. 24, 1998

Sept. 24, 1998

PACER
55

UNOPPOSED MOTION for extension of scheduling deadlines, by Rashad Jade Gordon, Motion Docket Date 10/15/98 [55-1] motion, filed. (psmith) (Entered: 09/28/1998)

Sept. 25, 1998

Sept. 25, 1998

PACER
56

MOTION for judicial notice, by Rashad Jade Gordon, Motion Docket Date 10/15/98 [56-1] motion, filed. (psmith) (Entered: 09/28/1998)

Sept. 25, 1998

Sept. 25, 1998

PACER
57

ORDER entered GRANTING pltf's [55-1] motion for extension of scheduling deadlines; RESETTING amended pleadings due for 11/5/98 ; Parties notified. ( signed by Judge John D. Rainey ) (fmremp) (Entered: 09/30/1998)

Sept. 30, 1998

Sept. 30, 1998

PACER
58

RESPONSE by Rashad Jade Gordon to Defts Wallace and Carrier's [52-1] motion for protective order, [52-2] motion to quash, filed. (psmith) (Entered: 10/15/1998)

Oct. 14, 1998

Oct. 14, 1998

PACER
59

RESPONSE by Rashad Jade Gordon to Defts [50-1] motion to dismiss, filed. (psmith) (Entered: 10/15/1998)

Oct. 14, 1998

Oct. 14, 1998

PACER
60

UNOPPOSED MOTION for extension of scheduling order deadlines by Rashad Jade Gordon, Motion Docket Date 11/22/98 [60-1] motion, filed. (psmith) (Entered: 11/02/1998)

Nov. 2, 1998

Nov. 2, 1998

PACER
61

ORDER granting Pltfs [56-1] motion for judicial notice, entered; Parties notified. Clerk to send a copy of this order to all parties of record. Clerk to send a certified copy of this order to the Office of the United States Attorney General. Finally, Clerk to terminate Defts Tommy Thomas and Charles Noble from the record as they have been dismissed. ( signed by Judge John D. Rainey ) (psmith) (Entered: 11/06/1998)

Nov. 4, 1998

Nov. 4, 1998

PACER
62

ORDER granting Pltfs Unopposed [60-1] motion for extension of scheduling order deadlines. The [39-1] Scheduling order is ABATED. Parties to submit a new scheduling order within 20 days of the date that the United States informs the Court of whether it intends to intervene or otherwise participate in this case, entered; Parties notified. ( signed by Judge John D. Rainey ) (psmith) (Entered: 11/12/1998)

Nov. 9, 1998

Nov. 9, 1998

PACER
63

MOTION for leave to file pltfs first amended complaint by Rashad Jade Gordon, Motion Docket Date 12/2/98 [63-1] motion, filed. (psmith) (Entered: 11/13/1998)

Nov. 12, 1998

Nov. 12, 1998

PACER
64

FIRST AMENDED COMPLAINT by Rashad Jade Gordon,(Answer due 11/23/98 for The State of Texas, for The City of Houston, for Harris County Texas, et al) amending [1-1] complaint, filed. (psmith) (Entered: 11/13/1998)

Nov. 13, 1998

Nov. 13, 1998

PACER
65

ORDER granting Pltfs [63-1] motion for leave to file pltfs first amended complaint, entered; Parties notified. Pltf to send copies of the First Amended Original Complaint to the Office of the United State Attorney General in Washington, DC. ( signed by Judge John D. Rainey ) (psmith) (Entered: 12/09/1998)

Dec. 8, 1998

Dec. 8, 1998

PACER
66

FIRST AMENDED COMPLAINT by Rashad Jade Gordon, (Answer due 12/21/98 for Carol Carrier, for Jim Wallace, for Harris County Texas) amending [1-1] complaint, filed. (psmith) (Entered: 12/14/1998)

Dec. 11, 1998

Dec. 11, 1998

PACER
67

COUNTERCLAIM by The City of Houston against Rashad Jade Gordon, filed. (ltien) (Entered: 12/18/1998)

Dec. 18, 1998

Dec. 18, 1998

PACER
68

SUPPLEMENTAL RESPONSE by Rashad Jade Gordon to [52-1] motion for protective order, [52-2] motion to quash, filed. (fmremp) (Entered: 12/21/1998)

Dec. 18, 1998

Dec. 18, 1998

PACER

Per telephone call for DOJ atty, Dan Southerland (202-616-5540), the US Atty General will not intervene in this case. (fmremp)

Dec. 18, 1998

Dec. 18, 1998

PACER
69

AMENDED ANSWER to First Amended Original Complaint by Harris County Texas : amends [4-1] answer, filed.; jury demand (fmremp) (Entered: 12/29/1998)

Dec. 28, 1998

Dec. 28, 1998

PACER
70

ANSWER by The State of Texas, James Wallace, Carol Carrier to amended complaint, filed.; jury demand (ltien) (Entered: 12/30/1998)

Dec. 30, 1998

Dec. 30, 1998

PACER
71

MOTION for Mary Vargas to appear pro hac vice by Rashad Jade Gordon, Motion Docket Date 1/26/99 [71-1] motion, filed. (psmith) (Entered: 01/06/1999)

Jan. 6, 1999

Jan. 6, 1999

PACER
72

REPLY by Rashad Jade Gordon to Deft The City of Houston's [67-1] counter claim, filed. (psmith) (Entered: 01/07/1999)

Jan. 7, 1999

Jan. 7, 1999

PACER
73

MOTION to extend expert deadlines by Rashad Jade Gordon, Motion Docket Date 1/27/99 [73-1] motion, filed. (psmith) (Entered: 01/08/1999)

Jan. 7, 1999

Jan. 7, 1999

PACER
74

ORDER granting Pltfs [73-1] motion to extend expert deadlines. Pltf expert deadline is extended to 3/1/99, entered; Parties notified. ( signed by Judge John D. Rainey ) (psmith) (Entered: 01/14/1999)

Jan. 14, 1999

Jan. 14, 1999

PACER
75

ORDER granting Pltfs [71-1] motion for Mary Vargas to appear pro hac vice as co-counsel, entered; Parties notified. ( signed by Judge D. Rainey ) (psmith) (Entered: 01/14/1999)

Jan. 14, 1999

Jan. 14, 1999

PACER
76

REVISED SCHEDULING ORDER setting Amending of pleadings 12/12/98 ; Joining of parties 12/12/98 ; Pltf expert witness list submitted by 3/1/99 ; Deft expert witness list submitted by 4/15/99 ; Discovery cutoff 5/15/99 ; Deadline for filing dispositive motions 6/14/99 ; Deadline for filing non-dispositive motions 6/14/99 ; Pretrial order to be submitted on or before 9/14/99 ; Docket call deadline 12:00 9/24/99, entered. Parties notified. Trial Term: October 1999. ( Signed by Judge John D. Rainey ) (psmith) (Entered: 01/14/1999)

Jan. 14, 1999

Jan. 14, 1999

PACER
77

MOTION to extend expert deadlines by Rashad Jade Gordon, Motion Docket Date 3/15/99 [77-1] motion, filed. (psmith) (Entered: 02/23/1999)

Feb. 23, 1999

Feb. 23, 1999

PACER
79

ORDER granting [77-1] motion to extend expert deadlines. Pltf expert witness list and reports due for 3/29/99, Deft expert witness list due for 5/6/99, entered; Parties notified. ( signed by Judge John D. Rainey ) (psmith) (Entered: 03/23/1999)

March 19, 1999

March 19, 1999

PACER
78

Designation of EXPERT WITNESS LIST by Rashad Jade Gordon filed. (psmith) (Entered: 03/23/1999)

March 22, 1999

March 22, 1999

PACER
80

Amended Designation of EXPERT WITNESS LIST by Rashad Jade Gordon filed. (psmith) (Entered: 03/30/1999)

March 29, 1999

March 29, 1999

PACER
81

MOTION to substitute attorney Tanya Wilder in place of Richard Urra by The City of Houston, Motion Docket Date 4/21/99 [81-1] motion, filed. (psmith) (Entered: 04/01/1999)

April 1, 1999

April 1, 1999

PACER
82

MOTION to quash the subpoenas duces tecum served on Rashad Gordon and Sallie Gordon by Rashad Jade Gordon, Motion Docket Date 4/26/99 [82-1] motion, filed. (hlerma) (Entered: 04/06/1999)

April 6, 1999

April 6, 1999

PACER
83

OBJECTION to Subpoenas Duces Tecum by Rashad Jade Gordon, filed. (fmremp) (Entered: 04/06/1999)

April 6, 1999

April 6, 1999

PACER
84

ORDER granting Deft City of Houston's [81-1] motion to substitute attorney Tanya Wilder in place of Richard Urra, entered; Parties notified. ( signed by Judge John D. Rainey ) (psmith) (Entered: 04/08/1999)

April 8, 1999

April 8, 1999

PACER
85

Designation of EXPERT WITNESS LIST by The City of Houston filed. (psmith) (Entered: 04/16/1999)

April 15, 1999

April 15, 1999

PACER
86

SUPPLEMENTAL MOTION to quash the subpoenas duces tecum served on Rashad Gordon and Sallie Gordon, by Rashad Jade Gordon, Motion Docket Date 5/6/99 [86-1] motion, filed. (psmith) (Entered: 04/19/1999)

April 16, 1999

April 16, 1999

PACER
87

OBJECTION to The Subpoenas Duces Tecum Served On Sallie Gordon, by Rashad Jade Gordon, filed. (psmith) (Entered: 04/19/1999)

April 16, 1999

April 16, 1999

PACER
88

MOTION to extend time to review and sign deposition by Rashad Jade Gordon, Motion Docket Date 5/12/99 [88-1] motion, filed. (hlerma) (Entered: 04/22/1999)

April 22, 1999

April 22, 1999

PACER
89

MOTION to quash or modify the subpoena duces tecum served on MCC behavioral care by Rashad Jade Gordon, Motion Docket Date 5/13/99 [89-1] motion, filed. (hlerma) (Entered: 04/23/1999)

April 23, 1999

April 23, 1999

PACER
90

AGREED MOTION to extend time for submission and to respond to pltf and Sallie Gordon's motion to quash items subpoenaed to their deposition by Harris County Texas, Motion Docket Date 5/13/99 [90-1] motion, filed. (psmith) (Entered: 04/26/1999)

April 23, 1999

April 23, 1999

PACER
91

REQUEST For Relief From Discovery Abuse, by Harris County Texas, filed. (psmith) (Entered: 05/04/1999)

May 4, 1999

May 4, 1999

PACER
92

MOTION to compel Sallie Gordon to complete her testimony by Harris County Texas, Motion Docket Date 5/24/99 [92-1] motion, filed. (psmith) (Entered: 05/04/1999)

May 4, 1999

May 4, 1999

PACER
93

ORDER granting [90-1] motion to extend time for submission and to respond to pltf and Sallie Gordon's motion to quash items subpoenaed to their deposition, entered; Parties notified. Harris County may file its response on the sixth business day after Rashad Gordon corrects and signs his deposition. ( signed by Judge John D. Rainey ) (psmith) (Entered: 05/05/1999)

May 4, 1999

May 4, 1999

PACER
96

ORDER REFERRING CASE to Magistrate Judge Nancy K. Johnson, entered; Parties notified ( signed by Judge John D. Rainey ) (psmith) (Entered: 05/07/1999)

May 5, 1999

May 5, 1999

PACER
94

AFFIDAVIT by Rashad Jade Gordon In Support Of Pltfs [89-1] motion to quash or modify the subpoena duces tecum served on MCC behavioral care, filed (psmith) (Entered: 05/07/1999)

May 6, 1999

May 6, 1999

PACER
95

Designation of EXPERT WITNESS LIST by Harris County Texas filed. (psmith) (Entered: 05/07/1999)

May 6, 1999

May 6, 1999

PACER
97

MOTION to quash deposition notices by Harris County Texas, Motion Docket Date 5/30/99 [97-1] motion, filed. (psmith) (Entered: 05/10/1999)

May 10, 1999

May 10, 1999

PACER
98

DEFT'S AMENDED DESIGNATION OF EXPERTS by The City of Houston, filed. (ddarneille) (Entered: 05/13/1999)

May 13, 1999

May 13, 1999

PACER

Case Details

State / Territory: Texas

Case Type(s):

Jail Conditions

Disability Rights

Special Collection(s):

Deaf or Blind in Jail/Prison

Key Dates

Filing Date: Feb. 11, 1998

Closing Date: Nov. 22, 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff is a deaf man who was arrested, arraigned, and detained by police and other officials in Houston, Texas

Plaintiff Type(s):

Private Plaintiff

U.S. Dept of Justice plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Texas, State

Harris County (Harris), County

Houston, Texas (Houston, Texas), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

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

State law

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Amount Defendant Pays: $60,000

Content of Injunction:

Implement complaint/dispute resolution process

Reasonable Accommodation

Reporting

Training

Issues

General:

Communication skills

Conditions of confinement

Reasonable Accommodations

Discrimination-area:

Accommodation / Leave

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Hearing impairment

Type of Facility:

Government-run