Case: Wagner v. Harris County, Texas

4:23-cv-02886 | U.S. District Court for the Southern District of Texas

Filed Date: Aug. 7, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

On August 7, 2023, this case was brought in the U.S. District Court for the Southern District of Texas on behalf of 27 pre-trial detainees who had either died or suffered severe injuries in the Harris County Jail. Represented by private counsel, the plaintiffs—who were relatives of the detainees—alleged that defendant Harris County and its policy-makers were aware of unconstitutional conditions at the Harris County Jail, and that damages were caused by their deliberately indifferent policies an…

On August 7, 2023, this case was brought in the U.S. District Court for the Southern District of Texas on behalf of 27 pre-trial detainees who had either died or suffered severe injuries in the Harris County Jail. Represented by private counsel, the plaintiffs—who were relatives of the detainees—alleged that defendant Harris County and its policy-makers were aware of unconstitutional conditions at the Harris County Jail, and that damages were caused by their deliberately indifferent policies and practices, including: (1) failure to observe and monitor; (2) failure to provide medical care; (3) use of excessive force; (4) a culture of violence; and (5) understaffing and overcrowding. The complaint noted that the U.S. Department of Justice had issued a letter in 2009 finding various constitutional violations at the jail related to medical and mental health care and protection from physical harm and safety hazards.

The plaintiffs brought two Monell claims under 42 U.S.C. § 1983 alleging 14th Amendment violations—one for conditions of confinement and one for failure to train or supervise—on behalf of all detainees, along with a claim for violation of Title II of the Americans with Disabilities Act (ADA) and § 504 of the Rehabilitation Act on behalf of 17 of the detainees. The plaintiffs sought monetary damages and attorneys' fees. The case was assigned to Judge Keith P. Ellison.

Later that month, on November 17, 2023, the mother of one of the detainees included in the original complaint moved to intervene in this case. The proposed plaintiff-intervenor also filed a related case (4:23-cv-04336) and moved to consolidate them.

A few days later, on November 21, the plaintiffs amended the complaint and added five plaintiffs. On December 5, 2023, Harris County filed both a motion to dismiss and a motion to sever plaintiffs’ claims into individual lawsuits.

On April 15, 2024, the court granted the motion to intervene, denied as moot the motion to consolidate the cases, and denied the motion to sever the plaintiffs’ claims. The court allowed both intervenors, mothers whose sons were allegedly harmed at the Harris County Jail, to join the lawsuit as they had similar claims. The court held it would not sever the plaintiffs’ claims because they need the opportunity to establish municipal liability via a pattern of similar incidents. 

On May 7, 2024, the defendant filed motions to dismiss the intervenors claims.

On June 4, 2024, the defendant’s motion to dismiss for the non-intervenor plaintiffs was denied as to the conditions of confinement claims and failure to train claims. Additionally, the plaintiffs’ ADA and Rehabilitation Act claims were dismissed with prejudice because the court found the defendants actions did not create an inference of intentional discrimination against detainees with disabilities.

The wife of a former detainee who died after his medical conditions went untreated filed to intervene on July 24, 2024. On September 13, 2024, she withdrew her request for unknown reasons.

On October 7, 2024, the ADA and Rehabilitation Act claims of the two intervenors were dismissed.

As of February 2025, this case is ongoing.

Summary Authors

Kyle O'Hara (3/8/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67671178/parties/wagner-v-harris-county-texas/


Judge(s)
Attorney for Plaintiff

Acevedo-Carlson, Kevin Michael (Texas)

Anglin, Jeremiah (Texas)

Coote, John (Texas)

Crump, Benjamin L (Texas)

Attorney for Defendant

Albin, Kelly R. (Texas)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
1

4:23-cv-02886

Plaintiff's Original Complaint

Aug. 7, 2023

Aug. 7, 2023

Complaint
20

4:23-cv-02886

Plaintiffs' First Amended Complaint

Nov. 21, 2023

Nov. 21, 2023

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67671178/wagner-v-harris-county-texas/

Last updated May 6, 2025, 4:29 a.m.

ECF Number Description Date Link Date / Link
1

Prisoner Civil Rights COMPLAINT against Harris County, Texas (Filing fee $ 402 receipt number ATXSDC-30315105) filed by Octevia Wagner. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Grinke, Paul) (Entered: 08/07/2023)

1 Civil Cover Sheet Civil Cover Sheet

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Aug. 7, 2023

Aug. 7, 2023

Clearinghouse
2

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 11/17/2023 at 03:00 PM in Courtroom 3A Houston before Judge Keith P Ellison. (Signed by Judge Keith P Ellison) Parties notified.(JoanDavenport, 4) (Entered: 08/09/2023)

Aug. 9, 2023

Aug. 9, 2023

PACER
3

Request for Issuance of Summons as to Octevia Wagner, filed.(Dekle, David) (Entered: 08/09/2023)

Aug. 9, 2023

Aug. 9, 2023

PACER
4

Summons Issued as to Harris County, Texas. Issued summons delivered to plaintiff by NEF, filed.(RebeccaBecknal, 4) (Entered: 08/11/2023)

Aug. 11, 2023

Aug. 11, 2023

PACER
5

CERTIFICATE OF INTERESTED PARTIES by Octevia Wagner, filed.(Grinke, Paul) (Entered: 08/23/2023)

Aug. 23, 2023

Aug. 23, 2023

PACER
6

Agreed MOTION for Extension of Time to Respond to the Complaint by Harris County, Texas, filed. Motion Docket Date 9/20/2023. (Attachments: # 1 Proposed Order)(Ulmer, Gregory) (Entered: 08/30/2023)

Aug. 30, 2023

Aug. 30, 2023

PACER
7

ORDER granting 6 Motion for Extension of Time; Motion-related deadline set re: 6 Agreed MOTION for Extension of Time to Respond to the Complaint.; Answer due for Harris County, Texas due by 11/4/2023.(Signed by Judge Keith P Ellison) Parties notified.(ArturoRivera, 4) (Entered: 08/30/2023)

Aug. 30, 2023

Aug. 30, 2023

PACER
8

MOTION to Dismiss 1 Complaint by Harris County, Texas, filed. Motion Docket Date 11/24/2023. (Attachments: # 1 Appendix A, # 2 Proposed Order)(Ulmer, Gregory) (Entered: 11/03/2023)

Nov. 3, 2023

Nov. 3, 2023

PACER
9

MOTION to Sever Plaintiffs' Claims by Harris County, Texas, filed. Motion Docket Date 11/24/2023. (Attachments: # 1 Appendix A, # 2 Proposed Order)(Ulmer, Gregory) (Entered: 11/03/2023)

Nov. 3, 2023

Nov. 3, 2023

PACER
10

Notice Regarding Initial Conference(Signed by Judge Keith P Ellison) Parties notified.(ArturoRivera, 4) (Entered: 11/08/2023)

Nov. 8, 2023

Nov. 8, 2023

PACER
11

NOTICE of Change of Address by Paul A. Grinke, counsel for Ben Crump Law PLLC, filed. (Grinke, Paul) (Entered: 11/10/2023)

Nov. 10, 2023

Nov. 10, 2023

PACER
12

NOTICE of Appearance by Gregory C. Ulmer on behalf of Harris County, Texas, filed. (Ulmer, Gregory) (Entered: 11/10/2023)

Nov. 10, 2023

Nov. 10, 2023

PACER
13

NOTICE of Appearance by James E. Phillips on behalf of Harris County, Texas, filed. (Phillips, James) (Entered: 11/10/2023)

Nov. 10, 2023

Nov. 10, 2023

PACER
14

NOTICE of Appearance by Kristen H. Luck on behalf of Harris County, Texas, filed. (Luck, Kristen) (Entered: 11/10/2023)

Nov. 10, 2023

Nov. 10, 2023

PACER
15

NOTICE of Appearance by Ryan A. Walton on behalf of Harris County, Texas, filed. (Walton, Ryan) (Entered: 11/10/2023)

Nov. 10, 2023

Nov. 10, 2023

PACER
16

SCHEDULING ORDER. ETT: 20. Jury. Amended Pleadings due by 4/1/2024. Joinder of Parties due by 3/4/2024 Pltf Expert Witness List due by 6/3/2024. Deft Expert Witness List due by 7/1/2024. Discovery due by 9/2/2024. Dispositive Motion Filing due by 9/16/2024. Non-Dispositive Motion Filing due by 9/16/2024. Joint Pretrial Order due by 12/9/2024. Jury Trial set for 12/16/2024 at 09:00 AM in Courtroom 3A Houston before Judge Keith P Ellison(Signed by Judge Keith P Ellison) Parties notified.(GeorgeKelner, 4) (Entered: 11/13/2023)

Nov. 13, 2023

Nov. 13, 2023

PACER

Terminate Deadlines (PUBLIC ENTRY)

Nov. 14, 2023

Nov. 14, 2023

PACER

initial conference is terminated. (ArturoRivera, 4)

Nov. 14, 2023

Nov. 14, 2023

PACER
17

MOTION to Intervene by Ana Garcia, filed. Motion Docket Date 12/8/2023. (Attachments: # 1 Exhibit 1 (Proposed Civil Complaint), # 2 Proposed Order)(Acevedo-Carlson, Kevin) (Entered: 11/17/2023)

1 Exhibit 1 (Proposed Civil Complaint)

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2 Proposed Order

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Nov. 17, 2023

Nov. 17, 2023

RECAP
18

NOTICE of Appearance by Kevin Acevedo on behalf of Ana Garcia, filed. (Acevedo-Carlson, Kevin) (Entered: 11/17/2023)

Nov. 17, 2023

Nov. 17, 2023

PACER
19

NOTICE of Appearance by Mohammed Obaid Shariff on behalf of Ana Garcia, filed. (Shariff, Mohammed) (Entered: 11/21/2023)

Nov. 21, 2023

Nov. 21, 2023

PACER
20

First AMENDED COMPLAINT against Harris County, Texas filed by Ben Crump Law PLLC, Tramell Morelle, Bernard Lockhart, Deborah Smith, Judith Jones, Jackie Luna.(Grinke, Paul) (Entered: 11/21/2023)

Nov. 21, 2023

Nov. 21, 2023

Clearinghouse
21

MOTION to Dismiss 20 Amended Complaint/Counterclaim/Crossclaim etc. by Harris County, Texas, filed. Motion Docket Date 12/26/2023. (Attachments: # 1 Appendix A, # 2 Proposed Order)(Ulmer, Gregory) (Entered: 12/05/2023)

Dec. 5, 2023

Dec. 5, 2023

PACER
22

MOTION to Sever Plaintiffs' Amended Claims by Harris County, Texas, filed. Motion Docket Date 12/26/2023. (Attachments: # 1 Appendix A, # 2 Proposed Order)(Ulmer, Gregory) (Entered: 12/05/2023)

Dec. 5, 2023

Dec. 5, 2023

PACER
23

JOINT DISCOVERY/CASE MANAGEMENT PLAN by Octevia Wagner, filed.(Grinke, Paul) (Entered: 12/13/2023)

Dec. 13, 2023

Dec. 13, 2023

RECAP
24

NOTICE OF RELATED CASE by Ana Garcia, filed. (Acevedo-Carlson, Kevin) (Entered: 12/13/2023)

Dec. 13, 2023

Dec. 13, 2023

RECAP
25

RESPONSE in Opposition to 17 MOTION to Intervene, filed by Harris County, Texas. (Attachments: # 1 Exhibit A - Complaint in separate lawsuit, # 2 Exhibit B - Appendix A)(Ulmer, Gregory) (Entered: 12/21/2023)

Dec. 21, 2023

Dec. 21, 2023

PACER
26

RESPONSE to 21 MOTION to Dismiss 20 Amended Complaint/Counterclaim/Crossclaim etc. filed by Octevia Wagner. (Attachments: # 1 Proposed Order Proposed Order Denying Motion to Dismiss)(Grinke, Paul) (Entered: 12/22/2023)

Dec. 22, 2023

Dec. 22, 2023

PACER
27

RESPONSE to 22 MOTION to Sever Plaintiffs' Amended Claims filed by Octevia Wagner. (Attachments: # 1 Proposed Order Proposed Order Denying Motion to Sever)(Grinke, Paul) (Entered: 12/22/2023)

Dec. 22, 2023

Dec. 22, 2023

PACER
28

MOTION to Substitute Plaintiff Zachary Zepeda by Octevia Wagner, filed. Motion Docket Date 1/12/2024. (Attachments: # 1 Proposed Order Proposed Order on Motion for Substitution of Plaintiff Zachary Zepeda)(Grinke, Paul) (Entered: 12/22/2023)

Dec. 22, 2023

Dec. 22, 2023

PACER
29

REPLY to Response to 17 MOTION to Intervene, filed by Ana Garcia. (Acevedo-Carlson, Kevin) (Entered: 12/26/2023)

Dec. 26, 2023

Dec. 26, 2023

PACER
30

ORDER granting 28 Motion to Substitute Plaintiff Zachary Zepeda.(Signed by Judge Keith P Ellison) Parties notified.(KimberlyPicota, 4) (Entered: 12/27/2023)

Dec. 27, 2023

Dec. 27, 2023

PACER
31

REPLY to Response to 22 MOTION to Sever Plaintiffs' Amended Claims, filed by Harris County, Texas. (Attachments: # 1 Appendix A)(Ulmer, Gregory) (Entered: 12/29/2023)

Dec. 29, 2023

Dec. 29, 2023

PACER
32

REPLY to Response to 21 MOTION to Dismiss 20 Amended Complaint/Counterclaim/Crossclaim etc., filed by Harris County, Texas. (Ulmer, Gregory) (Entered: 12/29/2023)

Dec. 29, 2023

Dec. 29, 2023

PACER
33

MOTION to Consolidate Lead Case No. 4:23-CV-02886 and Member Case No. 4:23-cv-04366 by Ana Garcia, filed. Motion Docket Date 2/28/2024. (Attachments: # 1 Proposed Order)(Acevedo-Carlson, Kevin) (Entered: 02/07/2024)

Feb. 7, 2024

Feb. 7, 2024

PACER
34

Opposed MOTION to Intervene by Chandra Jenkins, filed. Motion Docket Date 3/8/2024. (Attachments: # 1 Complaint Exhibit A to Motion, # 2 Proposed Order Order to Motion)(Hunter, Taylor) (Entered: 02/16/2024)

1 Complaint Exhibit A to Motion

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2 Proposed Order Order to Motion

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Feb. 16, 2024

Feb. 16, 2024

PACER
35

RESPONSE in Opposition to 33 MOTION to Consolidate Lead Case No. 4:23-CV-02886 and Member Case No. 4:23-cv-04366, filed by Harris County, Texas. (Attachments: # 1 Exhibit A - Garcia's Original Complaint, # 2 Exhibit B - Chart of Detainee's Alleged Cause of Injury)(Ulmer, Gregory) (Entered: 02/28/2024)

2

View on RECAP

Feb. 28, 2024

Feb. 28, 2024

PACER
36

REPLY to Response to 33 MOTION to Consolidate Lead Case No. 4:23-CV-02886 and Member Case No. 4:23-cv-04366, filed by Ana Garcia. (Acevedo-Carlson, Kevin) (Entered: 03/06/2024)

March 6, 2024

March 6, 2024

PACER
37

RESPONSE in Opposition to 34 Opposed MOTION to Intervene, filed by Harris County, Texas. (Attachments: # 1 Exhibit A - Chart of Detainee's Alleged Cause of Injury)(Ulmer, Gregory) (Entered: 03/08/2024)

1

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March 8, 2024

March 8, 2024

PACER
38

REPLY to Response to 34 Opposed MOTION to Intervene, filed by Chandra Jenkins. (Hunter, Taylor) (Entered: 03/14/2024)

March 14, 2024

March 14, 2024

PACER
39

NOTICE of Appearance by Taylor Hunter on behalf of Chandra Jenkins, filed. (Hunter, Taylor) (Entered: 03/14/2024)

March 14, 2024

March 14, 2024

PACER
40

MEMORANDUM AND ORDER granting 34 Opposed MOTION to Intervene, denying as moot 33 MOTION to Consolidate Lead Case No. 4:23-CV-02886 and Member Case No. 4:23-cv-04366, denying 22 MOTION to Sever Plaintiffs' Amended Claims, granting 17 MOTION to Intervene (Signed by Judge Keith P Ellison) Parties notified. (aar4) (Entered: 04/16/2024)

April 15, 2024

April 15, 2024

RECAP
41

INTERVENOR COMPLAINT against Harris County, Texas filed by Ana Garcia. (aar4) (Entered: 04/16/2024)

April 15, 2024

April 15, 2024

PACER
42

INTERVENOR COMPLAINT against Harris County, Texas filed by Chandra Jenkins. (aar4) (Entered: 04/22/2024)

April 16, 2024

April 16, 2024

PACER
43

MOTION to Dismiss 42 Intervenor Complaint Chandra Jenkins as Attorney in Fact for Dequon Buford by Harris County, Texas, filed. Motion Docket Date 5/28/2024. (Phillips, James) (Entered: 05/07/2024)

May 7, 2024

May 7, 2024

RECAP
44

MOTION to Dismiss 41 Intervenor Complaint Ana Garcia by Harris County, Texas, filed. Motion Docket Date 5/28/2024. (Phillips, James) (Entered: 05/07/2024)

May 7, 2024

May 7, 2024

PACER
45

Unopposed MOTION for Extension of Time Response to Motion to Dismiss by Chandra Jenkins, filed. Motion Docket Date 6/10/2024. (Attachments: # 1 Proposed Order Order to Motion) (Hunter, Taylor) (Entered: 05/20/2024)

1 Proposed Order Order to Motion

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May 20, 2024

May 20, 2024

PACER
46

ORDER granting 45 Motion for Extension of Time; Motion-related deadline set re: 45 Unopposed MOTION for Extension of Time Response to Motion to Dismiss, 43 MOTION to Dismiss 42 Intervenor Complaint Chandra Jenkins as Attorney in Fact for Dequon Buford. Responses due by 5/28/2024..(Signed by Judge Keith P Ellison) Parties notified. (aar4) (Entered: 05/21/2024)

May 21, 2024

May 21, 2024

PACER
47

Unopposed MOTION for Extension of Time to Respond to Motion to Dismiss by Ana Garcia, filed. Motion Docket Date 6/11/2024. (Attachments: # 1 Proposed Order) (Acevedo-Carlson, Kevin) (Entered: 05/21/2024)

May 21, 2024

May 21, 2024

PACER
48

ORDER granting 47 Motion for Extension of Time; Motion-related deadline set re: 47 Unopposed MOTION for Extension of Time to Respond to Motion to Dismiss, 44 MOTION to Dismiss 41 Intervenor Complaint Ana Garcia. Responses due by 6/28/2024..(Signed by Judge Keith P Ellison) Parties notified. (aar4) (Entered: 05/22/2024)

May 21, 2024

May 21, 2024

PACER
49

Unopposed MOTION for Extension of Time Response to Motion to Dismiss by Chandra Jenkins, filed. Motion Docket Date 6/18/2024. (Attachments: # 1 Proposed Order Proposed Order Granting Extension of Time) (Hunter, Taylor) (Entered: 05/28/2024)

May 28, 2024

May 28, 2024

PACER
50

ORDER granting 49 Motion for Extension of Time; Motion-related deadline set re: 49 Unopposed MOTION for Extension of Time Response to Motion to Dismiss, 43 MOTION to Dismiss 42 Intervenor Complaint Chandra Jenkins as Attorney in Fact for Dequon Buford. Responses due by 6/28/2024..(Signed by Judge Keith P Ellison) Parties notified. (aar4) (Entered: 05/29/2024)

May 29, 2024

May 29, 2024

PACER
51

MEMORANDUM AND ORDER granting in part denying in part 21 MOTION to Dismiss 20 Amended Complaint/Counterclaim/Crossclaim etc. (Signed by Judge Keith P Ellison) Parties notified. (aar4) (Entered: 06/04/2024)

June 4, 2024

June 4, 2024

RECAP
52

NOTICE of Appearance by Ricardo J. Navarro on behalf of Harris County, Texas, filed. (Navarro, Ricardo) (Entered: 06/06/2024)

June 6, 2024

June 6, 2024

RECAP
53

NOTICE of Appearance by Kelly R. Albin on behalf of Harris County, Texas, filed. (Albin, Kelly) (Entered: 06/06/2024)

June 6, 2024

June 6, 2024

PACER
54

NOTICE of Appearance by David L. Red on behalf of Harris County, Texas, filed. (Red, David) (Entered: 06/06/2024)

June 6, 2024

June 6, 2024

PACER
55

Joint MOTION for Entry of Order re: Amended Scheduling Order by Octevia Wagner, filed. Motion Docket Date 7/5/2024. (Attachments: # 1 Proposed Order) (Grinke, Paul) (Entered: 06/13/2024)

1 Proposed Order

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June 13, 2024

June 13, 2024

PACER
56

SCHEDULING ORDER granting 55 Joint MOTION for Entry of Order re: Amended Scheduling Order. ETT: 20 days. Jury Trial. ( Amended Pleadings due by 10/25/2024., Joinder of Parties due by 10/4/2024, Pltf Expert Report due by 1/10/2025., Deft Expert Report due by 2/7/2025., Discovery due by 3/28/2025., Dispositive Motion Filing due by 4/11/2025., Non-Dispositive Motion Filing due by 4/11/2025., Joint Pretrial Order due by 7/7/2025., Jury Trial set for 7/14/2025 at 09:00 AM in Courtroom 3A Houston before Judge Keith P Ellison)(Signed by Judge Keith P Ellison) Parties notified. (glc4) (Entered: 06/14/2024)

June 14, 2024

June 14, 2024

RECAP
57

Unopposed MOTION for Extension of Time to File Answer by Harris County, Texas, filed. Motion Docket Date 7/9/2024. (Attachments: # 1 Proposed Order) (Albin, Kelly) (Entered: 06/18/2024)

June 18, 2024

June 18, 2024

PACER
58

Unopposed MOTION for Leave to File Excess Pages by Chandra Jenkins, filed. Motion Docket Date 7/10/2024. (Attachments: # 1 Proposed Order) (Hunter, Taylor) (Entered: 06/19/2024)

June 19, 2024

June 19, 2024

PACER
59

RESPONSE in Opposition to 44 MOTION to Dismiss 41 Intervenor Complaint Ana Garcia, filed by Ana Garcia. (Attachments: # 1 Proposed Order Order Denying Defendant Harris County's Motion to Dismiss) (Acevedo-Carlson, Kevin) (Entered: 06/20/2024)

June 20, 2024

June 20, 2024

PACER
60

ORDER granting in part and denying in part 58 Motion for Leave to File Excess Pages.(Signed by Judge Keith P Ellison) Parties notified. (aar4) (Entered: 06/24/2024)

June 20, 2024

June 20, 2024

PACER
61

ORDER granting 57 Motion for Extension of Time; Motion-related deadline set re: 57 Unopposed MOTION for Extension of Time to File Answer.; Answer due for Harris County, Texas by 7/2/2024.(Signed by Judge Keith P Ellison) Parties notified. (aar4) (Entered: 06/24/2024)

June 20, 2024

June 20, 2024

PACER
62

NOTICE of Appearance by Aaron Dekle on behalf of Judith Jones, Bernard Lockhart, Jackie Luna, Tramell Morelle, Deborah Smith, Octevia Wagner, filed. (Dekle, David) (Entered: 06/25/2024)

June 25, 2024

June 25, 2024

PACER
63

RESPONSE in Opposition to 43 MOTION to Dismiss 42 Intervenor Complaint Chandra Jenkins as Attorney in Fact for Dequon Buford, filed by Chandra Jenkins. (Attachments: # 1 Proposed Order) (Hunter, Taylor) (Entered: 06/25/2024)

June 25, 2024

June 25, 2024

PACER
64

NOTICE of Appearance by Thomas Lyons, Jr. and Kevin Green on behalf of Chandra Jenkins, filed. (Hunter, Taylor) (Entered: 06/25/2024)

June 25, 2024

June 25, 2024

PACER
65

Unopposed MOTION for Extension of Time To File Reply Brief by Harris County, Texas, filed. Motion Docket Date 7/18/2024. (Attachments: # 1 Proposed Order) (Albin, Kelly) (Entered: 06/27/2024)

June 27, 2024

June 27, 2024

PACER
66

ORDER granting 65 Motion for Extension of Time; Motion-related deadline set re: 65 Unopposed MOTION for Extension of Time To File Reply Brief, 44 MOTION to Dismiss 41 Intervenor Complaint Ana Garcia. Replies due by 7/11/2024.(Signed by Judge Keith P Ellison) Parties notified. (aar4) (Entered: 06/28/2024)

June 28, 2024

June 28, 2024

PACER
67

ANSWER to 20 Amended Complaint/Counterclaim/Crossclaim etc. by Harris County, Texas, filed. (Navarro, Ricardo) (Entered: 07/02/2024)

July 2, 2024

July 2, 2024

RECAP
68

NOTICE of Appearance by Mustapha M. Nyallay on behalf of Harris County, Texas, filed. (Nyallay, Mustapha) (Entered: 07/02/2024)

July 2, 2024

July 2, 2024

PACER
69

REPLY in Support of 43 MOTION to Dismiss 42 Intervenor Complaint Chandra Jenkins as Attorney in Fact for Dequon Buford, filed by Harris County, Texas. (Navarro, Ricardo) (Entered: 07/02/2024)

July 2, 2024

July 2, 2024

PACER
70

REPLY in Support of 44 MOTION to Dismiss 41 Intervenor Complaint Ana Garcia, filed by Harris County, Texas. (Navarro, Ricardo) (Entered: 07/11/2024)

July 11, 2024

July 11, 2024

PACER
71

MOTION for Baker & Hostetler LLP and Gregory C. Ulmer, James E. Phillips, Kristen H. Luck, and Ryan A. Walton to Withdraw as Attorney by Harris County, Texas, filed. Motion Docket Date 8/6/2024. (Attachments: # 1 Proposed Order) (Ulmer, Gregory) (Entered: 07/16/2024)

July 16, 2024

July 16, 2024

PACER
72

ORDER granting 71 Motion to Withdraw as Attorney. Attorney Gregory C. Ulmer; Ryan Anderson Walton; Kristen Hawes Luck and James E. Phillips terminated.(Signed by Judge Keith P Ellison) Parties notified. (glc4) (Entered: 07/17/2024)

July 17, 2024

July 17, 2024

PACER
73

MOTION to Intervene by Cambrey Lindsay, filed. Motion Docket Date 8/14/2024. (Attachments: # 1 Exhibit Intervenor Complaint, # 2 Proposed Order) (Kallinen, Randall) (Entered: 07/24/2024)

1 Exhibit Intervenor Complaint

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2 Proposed Order

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July 24, 2024

July 24, 2024

RECAP
74

MOTION for Protective Order by Harris County, Texas, filed. Motion Docket Date 8/15/2024. (Attachments: # 1 Proposed Order) (Navarro, Ricardo) (Entered: 07/25/2024)

1 Proposed Order

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July 25, 2024

July 25, 2024

PACER
75

ORDER. Submission Date 8/15/2024(Signed by Judge Keith P Ellison) Parties notified. (aar4) (Entered: 07/26/2024)

July 26, 2024

July 26, 2024

RECAP
76

RESPONSE in Opposition to 73 MOTION to Intervene, filed by Harris County, Texas. (Albin, Kelly) (Entered: 08/14/2024)

Aug. 14, 2024

Aug. 14, 2024

PACER
77

Joint MOTION for Entry of Order re: Confidentiality and Protective Order by Octevia Wagner, filed. Motion Docket Date 9/5/2024. (Attachments: # 1 Proposed Order) (Grinke, Paul) (Entered: 08/15/2024)

Aug. 15, 2024

Aug. 15, 2024

PACER
78

REPLY to Response to 73 MOTION to Intervene, filed by Cambrey Lindsay. (Kallinen, Randall) (Entered: 08/20/2024)

Aug. 20, 2024

Aug. 20, 2024

PACER
79

NOTICE of Setting as to 77 Joint MOTION for Entry of Order re: Confidentiality and Protective Order. Parties notified. Motion Hearing set for 9/12/2024 at 03:00 PM in by telephone before Judge Keith P Ellison, filed. (dm4) (Entered: 08/29/2024)

Aug. 29, 2024

Aug. 29, 2024

RECAP
80

PROTECTIVE ORDER granting 77 Joint MOTION for Entry of Order re: Confidentiality and Protective Order (Signed by Judge Keith P Ellison) Parties notified. (glc4) (Entered: 09/13/2024)

Sept. 12, 2024

Sept. 12, 2024

RECAP

Minute Entry for proceedings held before Judge Keith P Ellison. MOTION HEARING held on 9/12/2024 on Parties Joint Motion for Entry of a Confidentiality and Protective Order (ECF No. 77). The Court GRANTED the Motion and adopted Defendants Proposed Provisions for Paragraph 5, 6, and 9 for the reasons stated on the record. Entry of the Confidentiality and Protective Order will follow. Appearances: Taylor Hunter, Aaron Dekle, Kelly Albin, Randall Kallinen, Kevin Acevedo-Carlson (Court Reporter: M. Walker-Bailey) (Law Clerk: AYC), filed. (aar4)

Sept. 12, 2024

Sept. 12, 2024

PACER
81

NOTICE of RETRACTION of Motion to Intervene re: 73 MOTION to Intervene by Cambrey Lindsay, filed. (Kallinen, Randall) (Entered: 09/13/2024)

Sept. 13, 2024

Sept. 13, 2024

RECAP

Motion Hearing

Sept. 16, 2024

Sept. 16, 2024

PACER
82

Opposed MOTION to Consolidate Lead Case No. 4:23-CV-02886 and Member Case No. 4:24-cv-01932 by Henry Kmiec, filed. Motion Docket Date 10/10/2024. (Attachments: # 1 Proposed Order) (Solomon, Tanika) (Entered: 09/19/2024)

1 Proposed Order

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Sept. 19, 2024

Sept. 19, 2024

PACER
83

ORDER withdrawing 73 Plaintiff-Intervenors Motion to Intervene.(Signed by Judge Keith P Ellison) Parties notified. (dm4) (Entered: 09/20/2024)

Sept. 19, 2024

Sept. 19, 2024

RECAP
84

MEMORANDUM AND ORDER granting in part denying in part 44 MOTION to Dismiss 41 Intervenor Complaint Ana Garcia, 43 MOTION to Dismiss 42 Intervenor Complaint Chandra Jenkins as Attorney in Fact for Dequon Buford (Signed by Judge Keith P Ellison) Parties notified. (aar4) (Entered: 10/07/2024)

Oct. 7, 2024

Oct. 7, 2024

RECAP
85

RESPONSE in Opposition to 82 Opposed MOTION to Consolidate Lead Case No. 4:23-CV-02886 and Member Case No. 4:24-cv-01932, filed by Harris County, Texas. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Proposed Order Proposed Order) (Navarro, Ricardo) (Entered: 10/09/2024)

Oct. 9, 2024

Oct. 9, 2024

PACER
86

Opposed MOTION for Reconsideration of 40 Memorandum and Order, by Harris County, Texas, filed. Motion Docket Date 11/7/2024. (Attachments: # 1 Proposed Order Order on Defendant Harris County's Opposed Motion to Reconsider Harris County's Motion to Sever) (Navarro, Ricardo) (Entered: 10/17/2024)

1 Proposed Order Order on Defendant Harris County's Opposed Motion to Reconsi

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Oct. 17, 2024

Oct. 17, 2024

PACER
87

Unopposed MOTION for Extension of Time TO FILE ANSWER TO PLAINTIFF INTERVENORS COMPLAINT by Harris County, Texas, filed. Motion Docket Date 11/12/2024. (Attachments: # 1 Proposed Order Granting Unopposed Motion for Extension of Time to File Answer to Plaintiff Intervenors Complaint) (Navarro, Ricardo) (Entered: 10/21/2024)

1 Proposed Order Granting Unopposed Motion for Extension of Time to File Answer to

View on PACER

Oct. 21, 2024

Oct. 21, 2024

PACER
88

ANSWER to 42 Intervenor Complaint by Harris County, Texas, filed. (Navarro, Ricardo) (Entered: 10/24/2024)

Oct. 24, 2024

Oct. 24, 2024

PACER
89

ANSWER to 41 Intervenor Complaint by Harris County, Texas, filed. (Navarro, Ricardo) (Entered: 10/24/2024)

Oct. 24, 2024

Oct. 24, 2024

PACER
90

ORDER granting 87 Motion for Extension of Time; Motion-related deadline set re: 87 Unopposed MOTION for Extension of Time TO FILE ANSWER TO PLAINTIFF INTERVENORS COMPLAINT.; Answer due for Harris County, Texas by 10/28/2024.(Signed by Judge Keith P Ellison) Parties notified. (aar4) (Entered: 10/25/2024)

Oct. 25, 2024

Oct. 25, 2024

RECAP
91

Joint RESPONSE to 86 Opposed MOTION for Reconsideration of 40 Memorandum and Order, filed by Octevia Wagner. (Attachments: # 1 Proposed Order) (Grinke, Paul) (Entered: 11/06/2024)

Nov. 6, 2024

Nov. 6, 2024

PACER
92

REPLY to Response to 86 Opposed MOTION for Reconsideration of 40 Memorandum and Order,, filed by Harris County, Texas. (Navarro, Ricardo) (Entered: 11/13/2024)

Nov. 13, 2024

Nov. 13, 2024

RECAP
93

Opposed MOTION for Judgment by Harris County, Texas, filed. Motion Docket Date 12/10/2024. (Attachments: # 1 Proposed Order Granting Harris County, Texas' Motion for Judgment) (Navarro, Ricardo) (Entered: 11/19/2024)

1 Proposed Order Granting Harris County, Texas' Motion for Judgment

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Nov. 19, 2024

Nov. 19, 2024

RECAP
94

Opposed MOTION for Judgment by Harris County, Texas, filed. Motion Docket Date 12/11/2024. (Attachments: # 1 Proposed Order Granting Defendant's MFJ on Survival Claims) (Navarro, Ricardo) (Entered: 11/20/2024)

1 Proposed Order Granting Defendant's MFJ on Survival Claims

View on PACER

Nov. 20, 2024

Nov. 20, 2024

RECAP
95

NOTICE of Appearance by Carl L. Evans, Alizabeth A. Guillot and Jordan A. Carter on behalf of Octevia Wagner, filed. (Evans, Carl) (Entered: 12/04/2024)

Dec. 4, 2024

Dec. 4, 2024

RECAP
96

MOTION for Reconsideration by Ana Garcia, filed. Motion Docket Date 12/31/2024. (Attachments: # 1 Exhibit Exhibit 1, # 2 Proposed Order Order) (Acevedo-Carlson, Kevin) (Entered: 12/10/2024)

1 Exhibit Exhibit 1

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2 Proposed Order Order

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Dec. 10, 2024

Dec. 10, 2024

PACER

Case Details

State / Territory: Texas

Case Type(s):

Jail Conditions

Disability Rights

Key Dates

Filing Date: Aug. 7, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Relatives on behalf of 27 pre-trial detainees who either died or suffered severe injuries in the Harris County Jail in Texas.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Harris County Jail (Harris), County

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

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

Due Process: Substantive Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Aggressive behavior

Assault/abuse by residents/inmates/students

Assault/abuse by staff

Conditions of confinement

Disciplinary procedures

Failure to discipline

Failure to supervise

Failure to train

Pattern or Practice

Staff (number, training, qualifications, wages)

Disability and Disability Rights:

Disability, unspecified

Mental Illness, Unspecified

Mental impairment

Schizophrenia

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by non-staff (facilities)

Assault/abuse by staff (facilities)

Crowding (General)

Pepper/OC spray

Restraints (physical)

Sexual abuse by residents/inmates

Suicide prevention (facilities)

Medical/Mental Health Care:

Medical care, general

Medication, administration of

Mental health care, general

Self-injurious behaviors

Suicide prevention