Case: Miller v. Bexar County Texas

5:23-cv-00085 | U.S. District Court for the Western District of Texas

Filed Date: Jan. 24, 2023

Closed Date: March 25, 2024

Clearinghouse coding complete

Case Summary

This is a lawsuit alleging that for many years, detainees in Bexar County, Texas, were held for extended periods after posting bail, despite being entitled to release.  On January 24, 2023, the Plaintiff, who had himself been held after posting bail, filed this putative class action lawsuit against Bexar County Jail, alleging violations of court orders mandating the release of detainees upon posting bail. The lawsuit was filed in the U.S. District Court for the Western District of Texas and ass…

This is a lawsuit alleging that for many years, detainees in Bexar County, Texas, were held for extended periods after posting bail, despite being entitled to release. 

On January 24, 2023, the Plaintiff, who had himself been held after posting bail, filed this putative class action lawsuit against Bexar County Jail, alleging violations of court orders mandating the release of detainees upon posting bail. The lawsuit was filed in the U.S. District Court for the Western District of Texas and assigned to Judge Orlando L. Garcia. On March 7, 2023, the Plaintiff filed an amended complaint adding another individual Plaintiff to the lawsuit. The individual plaintiffs sought to represent a class of similarly situated individuals who (a) were detained in the Bexar County Jail; (b) received a judicial ordered fixing bail; (c) posted bail; and (d) were not released from County custody within a reasonable time after said bail was posted on their behalf. They sought class certification, declaratory relief, compensatory damages, attorneys’ fees, and any additional injunctive relief deemed appropriate by the court. Plaintiffs were represented by private counsel.

Plaintiffs alleged that the County intentionally confined them for an unreasonable amount of time after bail was posted. They argued that this violated their Fourth, Fifth, Eight, and Fourteenth Amendment rights. Specifically, plaintiffs claimed that over-detaining a presumptively innocent criminal defendant who has posted or sought to post bail is an unreasonable seizure and a deprivation of liberty without due process and thus violates the Fourth and Fourteenth Amendments to the United States Constitution. 

The County filed a motion to dismiss plaintiffs’ amended complaint on February 13, 2023. It argued that the Plaintiffs did not allege sufficient facts to establish municipal liability. 

On March 25, 2024, the Court granted the County’s motion to dismiss for failure to state a claim. The case is now closed. 

 

Summary Authors

Renuka Wagh (10/28/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/66754146/parties/miller-v-bexar-county-texas/


Judge(s)

Garcia, Orlando Luis (Texas)

Attorney for Plaintiff

Major, Abasi Daudi (Texas)

Attorney for Defendant

Piatt, Robert William (Texas)

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Documents in the Clearinghouse

Document
1

5:23-cv-00085

CLASS ACTION COMPLAINT

Jan. 24, 2023

Jan. 24, 2023

Complaint
8

5:23-cv-00085

First Amended Class Action Complaint

March 7, 2023

March 7, 2023

Complaint
10

5:23-cv-00085

Bexar County's Motion to Dismiss Plaintiffs' First Amended Complaint

March 29, 2023

March 29, 2023

Pleading / Motion / Brief
15

5:23-cv-00085

Second Amended Class Action Complaint Jury Trial Demanded

May 16, 2023

May 16, 2023

Complaint
22

5:23-cv-00085

Bexar County’s Reply in Support of Motion to Dismiss Plaintiffs’ Second Amended Complaint

June 20, 2023

June 20, 2023

Pleading / Motion / Brief
34

5:23-cv-00085

Bexar County’s Response to Plaintiffs’ Motion to Modify Scheduling Order

Feb. 20, 2024

Feb. 20, 2024

Pleading / Motion / Brief
36

5:23-cv-00085

Order

March 26, 2024

March 26, 2024

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/66754146/miller-v-bexar-county-texas/

Last updated Aug. 10, 2025, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Class Action Complaint ( Filing fee $ 402 receipt number ATXWDC-16998956), filed by Michael Miller. (Attachments: # 1 Civil Cover Sheet)(Major, Abasi) (Entered: 01/24/2023)

1 Civil Cover Sheet

View on RECAP

Jan. 24, 2023

Jan. 24, 2023

Clearinghouse
2

REQUEST FOR ISSUANCE OF SUMMONS by Michael Miller. (Major, Abasi) (Entered: 01/24/2023)

Jan. 24, 2023

Jan. 24, 2023

PACER

Case assigned to Judge Orlando L. Garcia. 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. (nm)

Jan. 24, 2023

Jan. 24, 2023

PACER

If ordered by the court, all referrals will be assigned to Magistrate Judge Farrer (nm)

Jan. 24, 2023

Jan. 24, 2023

PACER
3

Summons Issued as to Bexar County Texas. (nm) (Entered: 01/24/2023)

Jan. 24, 2023

Jan. 24, 2023

PACER

Case Assigned/Reassigned

Jan. 24, 2023

Jan. 24, 2023

PACER

To be Referred to SA Mag Judge

Jan. 24, 2023

Jan. 24, 2023

PACER
4

SUMMONS Returned Executed by Michael Miller. All Defendants. (Major, Abasi) (Entered: 01/25/2023)

Jan. 25, 2023

Jan. 25, 2023

PACER
5

***STRICKEN PER COURT ORDER 6 DATED 2/16/2023*** Motion to Dismiss for Failure to State a Claim by Bexar County Texas. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Piatt, Robert) Modified on 2/17/2023 (nm). (Entered: 02/13/2023)

Feb. 13, 2023

Feb. 13, 2023

PACER
6

ORDER STRIKING 5 Motion to Dismiss for Failure to State a Claim Signed by Judge Orlando L. Garcia. (nm) (Entered: 02/17/2023)

Feb. 16, 2023

Feb. 16, 2023

PACER
7

ADVISORY TO THE COURT by Michael Miller regarding Plaintiff's Intention to file an amended complaint. (Major, Abasi) (Entered: 02/28/2023)

Feb. 28, 2023

Feb. 28, 2023

PACER
8

AMENDED COMPLAINT against Bexar County Texas amending, filed by Michael Miller, Adriana Genevieve Perez.(Major, Abasi) (Entered: 03/07/2023)

March 7, 2023

March 7, 2023

Clearinghouse
9

Unopposed MOTION for Extension of Time to File Answer re 8 Amended Complaint by Bexar County Texas. (Attachments: # 1 Proposed Order)(Piatt, Robert) (Entered: 03/22/2023)

March 22, 2023

March 22, 2023

PACER

Order on Motion for Extension of Time to Answer

March 23, 2023

March 23, 2023

PACER

Text Order GRANTING 9 Unopposed MOTION for Extension of Time to File Answer re 8 Amended Complaint. Accordingly, it is ORDERED that Bexar County shall file its responsive pleading to Plaintiffs First Amended Complaint on or before March 29, 2023 entered by Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.)

March 23, 2023

March 23, 2023

PACER
10

Motion to Dismiss for Failure to State a Claim Plaintiffs' First Amended Complaint (Docket No. 8) by Bexar County Texas. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Piatt, Robert) (Entered: 03/29/2023)

March 29, 2023

March 29, 2023

Clearinghouse

Order

April 10, 2023

April 10, 2023

PACER

TEXT ORDER re 10 Motion to Dismiss for Failure to State a Claim was filed without a certificate of conference. If the certificate of conference is not filed by Wednesday, April 12, 2023, Defendants Motion will be stricken. Signed by Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (pt)

April 10, 2023

April 10, 2023

PACER
11

SUPPLEMENT to 10 Motion to Dismiss for Failure to State a Claim Plaintiffs' First Amended Complaint (Docket No. 8) Certificate of Conference by Bexar County Texas. (Piatt, Robert) (Entered: 04/12/2023)

April 12, 2023

April 12, 2023

PACER
12

ORDER Striking Pleading 10 Motion to Dismiss for Failure to State a Claim Plaintiffs' First Amended Complaint (Docket No. 8) Defendant shall not re-file its Rule 12(b)(6) motion until after it has conferred with Plaintiff regarding the alleged deficiencies in his pleading. Signed by Judge Orlando L. Garcia. (wg) (Entered: 04/21/2023)

April 20, 2023

April 20, 2023

PACER
13

Order for Scheduling Recommendations/Proposed Scheduling Order. Scheduling recommendations/proposed scheduling order due to the Court within FORTY FIVE (45) days of the filing of this Order., Notice of right to consent to disposition of a civil case by a U.S. Magistrate Judge. Signed by Judge Orlando L. Garcia. (wg) (Entered: 05/05/2023)

May 4, 2023

May 4, 2023

PACER
14

ADVISORY TO THE COURT by Michael Miller, Adriana Genevieve Perez . (Major, Abasi) (Entered: 05/16/2023)

May 16, 2023

May 16, 2023

PACER
15

AMENDED COMPLAINT Second Amended Class Action Complaint against All Defendants amending, filed by Adriana Genevieve Perez, Michael Miller.(Major, Abasi) (Entered: 05/16/2023)

May 16, 2023

May 16, 2023

Clearinghouse
16

Motion to Dismiss for Failure to State a Claim Second Amended Complaint by Bexar County Texas. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Piatt, Robert) (Entered: 05/30/2023)

May 30, 2023

May 30, 2023

Clearinghouse
17

Response in Opposition to Motion, filed by Michael Miller, Adriana Genevieve Perez, re 16 Motion to Dismiss for Failure to State a Claim Second Amended Complaint filed by Defendant Bexar County Texas (Major, Abasi) (Entered: 06/13/2023)

June 13, 2023

June 13, 2023

PACER
18

Scheduling Recommendations/Proposed Scheduling Order by Michael Miller, Adriana Genevieve Perez. (Major, Abasi) (Entered: 06/20/2023)

June 20, 2023

June 20, 2023

PACER
19

NON-CONSENT to Trial by US Magistrate Judge by Michael Miller, Adriana Genevieve Perez. (Major, Abasi) (Entered: 06/20/2023)

June 20, 2023

June 20, 2023

PACER
20

Proposed Scheduling Order - agreed by the parties except as to one issue by Bexar County Texas. (Piatt, Robert) (Entered: 06/20/2023)

June 20, 2023

June 20, 2023

PACER
21

CONSENT to Trial by US Magistrate Judge by Bexar County Texas. (Piatt, Robert) (Entered: 06/20/2023)

June 20, 2023

June 20, 2023

PACER
22

REPLY to Response to Motion, filed by Bexar County Texas, re 16 Motion to Dismiss for Failure to State a Claim Second Amended Complaint filed by Defendant Bexar County Texas (Piatt, Robert) (Entered: 06/20/2023)

June 20, 2023

June 20, 2023

Clearinghouse
23

SCHEDULING ORDER: Pretrial Conference set for 7/31/2024 10:30 AM before Judge Orlando L. Garcia, Jury Selection and Trial set for 8/5/2024 9:30AM before Judge Orlando L. Garcia, ADR Report Deadline due by 8/28/2023, ADR Mediation Completed by 4/2/2024, Amended Pleadings due by 9/11/2023, Discovery due by 2/13/2024, Joinder of Parties due by 9/11/2023, Dispositive Motions due by 3/13/2024,. Signed by Judge Orlando L. Garcia. (nm) (Entered: 06/30/2023)

June 29, 2023

June 29, 2023

PACER
24

ADR Report Filed - Joint Report Regarding Mediation by Bexar County Texas(Piatt, Robert) (Entered: 08/28/2023)

Aug. 28, 2023

Aug. 28, 2023

PACER
25

Opposed MOTION to Compel Interrogatory Responses by Michael Miller, Adriana Genevieve Perez. (Attachments: # 1 Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Major, Abasi) (Entered: 10/12/2023)

Oct. 12, 2023

Oct. 12, 2023

PACER
26

Response in Opposition to Motion, filed by Bexar County Texas, re 25 Opposed MOTION to Compel Interrogatory Responses filed by Plaintiff Adriana Genevieve Perez, Plaintiff Michael Miller (Attachments: # 1 Exhibit A)(Piatt, Robert) (Entered: 10/19/2023)

Oct. 19, 2023

Oct. 19, 2023

RECAP
27

NOTICE of Withdrawl of Plaintiffs' Motion to Compel (D.E. 25) by Michael Miller, Adriana Genevieve Perez (Major, Abasi) (Entered: 12/04/2023)

Dec. 4, 2023

Dec. 4, 2023

PACER

Order on Motion to Compel

Dec. 4, 2023

Dec. 4, 2023

PACER

Text Order MOOTING 25 Motion to Compel entered by Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tm2)

Dec. 4, 2023

Dec. 4, 2023

PACER
28

Opposed MOTION to Compel Recertification Discovery Relevant to Numerosity, Commonality of Issues, Typicality and Adequacy by Michael Miller, Adriana Genevieve Perez. (Attachments: # 1 Exhibit 1, # 2 Proposed Order Proposed Order Granting Motion to Compel)(Major, Abasi) (Entered: 01/30/2024)

Jan. 30, 2024

Jan. 30, 2024

PACER
29

MOTION to Compel Discovery Responses by Bexar County Texas. (Attachments: # 1 Exhibit A - Requests for Production to Plaintiff Adriana Perez, # 2 Exhibit B - Plaintiff Miller's Production Responses, # 3 Proposed Order)(Piatt, Robert) (Entered: 02/06/2024)

Feb. 6, 2024

Feb. 6, 2024

PACER
30

Response in Opposition to Motion, filed by Bexar County Texas, re 28 Opposed MOTION to Compel Recertification Discovery Relevant to Numerosity, Commonality of Issues, Typicality and Adequacy filed by Plaintiff Adriana Genevieve Perez, Plaintiff Michael Miller (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Proposed Order)(Piatt, Robert) (Entered: 02/06/2024)

Feb. 6, 2024

Feb. 6, 2024

PACER
31

Opposed MOTION to Compel 30(b)(6) Deposition of Bexar County by Michael Miller, Adriana Genevieve Perez. (Attachments: # 1 Exhibit 1 (Corp Rep Deposition Notice Conference Copy), # 2 Proposed Order Proposed Order Granting Relief)(Major, Abasi) (Entered: 02/12/2024)

Feb. 12, 2024

Feb. 12, 2024

PACER
32

Opposed MOTION to Extend Scheduling Order Deadlines by Michael Miller, Adriana Genevieve Perez. (Attachments: # 1 Proposed Order Proposed Order Granting Relief)(Major, Abasi) (Entered: 02/13/2024)

Feb. 13, 2024

Feb. 13, 2024

PACER
33

Defendant's Response in Opposition to Motion, filed by Bexar County Texas, re 31 Opposed MOTION to Compel 30(b)(6) Deposition of Bexar County filed by Plaintiff Adriana Genevieve Perez, Plaintiff Michael Miller (Attachments: # 1 Exhibit A)(Piatt, Robert) (Entered: 02/20/2024)

Feb. 20, 2024

Feb. 20, 2024

PACER
34

Defendant's Response in Opposition to Motion, filed by Bexar County Texas, re 32 Opposed MOTION to Extend Scheduling Order Deadlines filed by Plaintiff Adriana Genevieve Perez, Plaintiff Michael Miller (Piatt, Robert) (Entered: 02/20/2024)

Feb. 20, 2024

Feb. 20, 2024

Clearinghouse

Order on Motion to Extend Scheduling Order Deadlines

Feb. 22, 2024

Feb. 22, 2024

PACER

Order on Motion to Compel

Feb. 22, 2024

Feb. 22, 2024

PACER

Text Order REFERRING 28 Motion to Compel to Magistrate Judge Richard B. Farrer. Entered by Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nm)

Feb. 22, 2024

Feb. 22, 2024

PACER

Text Order REFERRING 29 Motion to Compel to Magistrate Judge Richard B. Farrer. Entered by Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nm)

Feb. 22, 2024

Feb. 22, 2024

PACER

Text Order REFERRING 31 Motion to Compel to Magistrate Judge Richard B. Farrer. Entered by Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nm)

Feb. 22, 2024

Feb. 22, 2024

PACER

Text Order REFERRING 32 Motion to Extend Scheduling Order Deadlines to Magistrate Judge Richard B. Farrer. Entered by Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nm)

Feb. 22, 2024

Feb. 22, 2024

PACER

Motions Referred

Feb. 23, 2024

Feb. 23, 2024

PACER

MOTION REFERRED: referred 28 Opposed MOTION to Compel Recertification Discovery Relevant to Numerosity, Commonality of Issues, Typicality and Adequacy, 32 Opposed MOTION to Extend Scheduling Order Deadlines, 31 Opposed MOTION to Compel 30(b)(6) Deposition of Bexar County, 29 MOTION to Compel Discovery Responses. Referral Judge: Richard B. Farrer. (mgr)

Feb. 23, 2024

Feb. 23, 2024

PACER
35

ADVISORY TO THE COURT by Bexar County Texas . (Piatt, Robert) (Entered: 03/13/2024)

March 13, 2024

March 13, 2024

PACER
36

ORDER GRANTING re 16 Motion to Dismiss for Failure to State a Claim Second Amended Complaint filed by Bexar County Texas, DISMISSED 15 Amended Complaint filed by Adriana Genevieve Perez, Michael Miller, This case is hereby CLOSED. Signed by Judge Orlando L. Garcia. (wg) (Entered: 03/26/2024)

March 25, 2024

March 25, 2024

RECAP
37

CLERK'S JUDGMENT (wg) (Entered: 03/26/2024)

March 25, 2024

March 25, 2024

RECAP

Case Details

State / Territory: Texas

Case Type(s):

Jail Conditions

Criminal Justice (Other)

Key Dates

Filing Date: Jan. 24, 2023

Closing Date: March 25, 2024

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A former pre-trial detainee in the Bexar County jail who was held in jail for an additional three days after having paid his bond.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Bexar County (Bexar), State

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Excessive Bail/Fines

Due Process: Procedural Due Process

Unreasonable search and seizure

Cruel and Unusual Punishment

Takings

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General/Misc.:

Fines/Fees/Bail/Bond

Jails, Prisons, Detention Centers, and Other Institutions:

Confinement/isolation

Over/Unlawful Detention (facilities)

Policing:

False arrest