Case: Tiede v. Collier

1:23-cv-01004 | U.S. District Court for the Western District of Texas

Filed Date: Aug. 24, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a lawsuit alleging dangerous conditions in Texas prisons due to excessive heat. On August 21, 2024, a 65-year-old man with chronic health conditions incarcerated in a Texas prison filed this suit against the Texas Department of Criminal Justice (TDCJ), alleging that his health had been endangered and he had suffered heat-related symptoms resulting in a stroke after the temperature of his cell reached nearly 120 degrees Fahrenheit. The stroke left the plaintiff with permanent facial disf…

This is a lawsuit alleging dangerous conditions in Texas prisons due to excessive heat. On August 21, 2024, a 65-year-old man with chronic health conditions incarcerated in a Texas prison filed this suit against the Texas Department of Criminal Justice (TDCJ), alleging that his health had been endangered and he had suffered heat-related symptoms resulting in a stroke after the temperature of his cell reached nearly 120 degrees Fahrenheit. The stroke left the plaintiff with permanent facial disfiguration from partial paralysis, ongoing chronic ear infections, and ongoing chronic health conditions related to heat. Represented by private counsel, the plaintiff sued under 42 USC § 1983, alleging unlawful conditions of confinement in violation of the Eighth and Fourteenth Amendments, as well as a Fourteenth Amendment Equal Protection Clause violation. The plaintiff also argued that the unlawful conditions constituted a sentencing enhancement without trial, in violation of the Fifth and Sixth Amendments. Finally, the plaintiff alleged violations of the Americans with Disabilities Act and the Rehabilitation Act. The plaintiff sought declaratory and injunctive relief, including requiring the prison to move the plaintiff to a cell below 85 degrees or move him to home confinement, as well as costs and attorney fees. The case was filed in the U.S. District Court for the Western District of Texas and assigned to Judge Robert Pitman and Magistrate Judge Mark Lane. 

On the same day as the complaint, the plaintiff filed a motion for a temporary restraining order. He requested that the court order the defendants to house him in a safe, air-conditioned housing unit until the court could rule on a motion for preliminary injunction. The court granted the temporary restraining order on September 13, 2023, which required the defendants to return the plaintiff to air-conditioned housing for 14 days in order to preserve his health. On September 26, 2023, the plaintiff moved to extend the temporary restraining order. The court granted the temporary restraining order extension through October 28, 2023, stating that medical testimony indicated that the plaintiffs’ health condition had not improved and was not expected to improve. 2023 WL 6345966.

The defendants filed a motion to dismiss on October 30, 2023. On April 25, 2024, the plaintiff moved for a preliminary injunction, arguing that the heat conditions inside the prison would likely worsen in the coming summer months.

A few weeks later, on May 7, the plaintiff filed an amended complaint that added several organizations as plaintiffs: Texas Prisons Community Advocates, Lioness: Justice Impacted Women’s Alliance, Texas Citizens United for Rehabilitation of Errants, and the Coalition for Texas with Disabilities. The amended complaint removed all legal claims other than the Eighth Amendment cruel and unusual punishment claim. It also sought a broader injunction to ensure all TDCJ facilities had a temperature between 65 and 85 degrees Fahrenheit. 

The defendant filed a motion to dismiss for failure to state a claim and lack of jurisdiction on May 29, 2024. The court denied the motion a few weeks later, on June 14. The court held that the plaintiffs had standing, the claims were ripe, the Ex Parte Young exception to sovereign immunity applied, and the plaintiffs had stated an Eighth Amendment claim. 2024 WL 3016562.

As of January 2025, the court had not yet ruled on the plaintiffs' motion for a preliminary injunction. 

Summary Authors

Samantha Houghton (1/2/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67727449/parties/tiede-v-collier/


Judge(s)
Attorney for Plaintiff

Blatt, Ellen Rose (Texas)

Attorney for Defendant

Carter, Abigail Kathryn (Texas)

Expert/Monitor/Master/Other

Brogdon, Lauren Hunt (Texas)

Calb, Michael Jason (Texas)

Canada, Daniel (Texas)

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Documents in the Clearinghouse

Document
1

1:23-cv-01004

Complaint

Aug. 24, 2023

Aug. 24, 2023

Complaint
17

1:23-cv-01004

Temporary Restraining Order

Sept. 13, 2023

Sept. 13, 2023

Order/Opinion
27

1:23-cv-01004

Order

Sept. 28, 2023

Sept. 28, 2023

Order/Opinion

2023 WL 6345966

57

1:23-cv-01004

First Amended Complaint

May 7, 2024

May 7, 2024

Complaint
95

1:23-cv-01004

Order

June 14, 2024

June 14, 2024

Order/Opinion

2024 WL 3016562

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67727449/tiede-v-collier/

Last updated Jan. 30, 2025, 5:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT ( Filing fee $ 402 receipt number ATXWDC-17809659). No Summons requested at this time, filed by Bernhardt Tiede, II. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A - Z)(Cole, Jodi) (Entered: 08/24/2023)

1 Civil Cover Sheet

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2 Exhibit A - Z

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Aug. 24, 2023

Aug. 24, 2023

Clearinghouse
2

MOTION for Temporary Restraining Order Ex Parte Emergency by Bernhardt Tiede, II. (Attachments: # 1 Exhibit Petitioners Exhibits A-I)(Cole, Jodi) (Entered: 08/24/2023)

1 Exhibit Petitioners Exhibits A-I

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Aug. 24, 2023

Aug. 24, 2023

RECAP
3

Proposed Order to 2 MOTION for Temporary Restraining Order Ex Parte Emergency by Bernhardt Tiede, II. (Cole, Jodi) (Entered: 08/24/2023)

Aug. 24, 2023

Aug. 24, 2023

PACER

Case assigned to Judge Robert Pitman. 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. (kp)

Aug. 24, 2023

Aug. 24, 2023

PACER

If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Lane. (kp)

Aug. 24, 2023

Aug. 24, 2023

PACER

DEMAND for Trial by Jury by Bernhardt Tiede, II. (kp)

Aug. 24, 2023

Aug. 24, 2023

PACER

Jury Demand

Aug. 25, 2023

Aug. 25, 2023

PACER

To be Referred to AU Mag Judge

Aug. 25, 2023

Aug. 25, 2023

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Case Assigned/Reassigned

Aug. 25, 2023

Aug. 25, 2023

PACER

Order on Motion for TRO

Aug. 25, 2023

Aug. 25, 2023

PACER

Text Order REFERRING 2 Motion for TRO entered by Judge Robert Pitman. IT IS ORDERED that Plaintiff's Motion for TRO is REFERRED to United States Magistrate Judge Mark Lane for disposition pursuant to 28 U.S.C. § 636(b)(1)(A), Federal Rule of Civil Procedure 72, and Rule 1(c) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh)

Aug. 25, 2023

Aug. 25, 2023

PACER
4

ORDER Regarding Ex Parte Motion for Temporary Restraining Order. Signed by Judge Mark Lane. (dm) (Entered: 08/25/2023)

Aug. 25, 2023

Aug. 25, 2023

PACER

MOTION REFERRED: referred 2 MOTION for Temporary Restraining Order Ex Parte Emergency. Referral Judge: Mark Lane. (dm)

Aug. 25, 2023

Aug. 25, 2023

PACER

Motions Referred

Aug. 26, 2023

Aug. 26, 2023

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Motions Referred

Aug. 26, 2023

Aug. 26, 2023

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Motions Referred

Aug. 26, 2023

Aug. 26, 2023

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Motions Referred

Aug. 26, 2023

Aug. 26, 2023

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Motions Referred

Aug. 26, 2023

Aug. 26, 2023

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Motions Referred

Aug. 26, 2023

Aug. 26, 2023

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Motions Referred

Aug. 26, 2023

Aug. 26, 2023

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Motions Referred

Aug. 26, 2023

Aug. 26, 2023

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Motions Referred

Aug. 26, 2023

Aug. 26, 2023

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Motions Referred

Aug. 26, 2023

Aug. 26, 2023

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Motions Referred

Aug. 26, 2023

Aug. 26, 2023

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Motions Referred

Aug. 26, 2023

Aug. 26, 2023

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Motions Referred

Aug. 26, 2023

Aug. 26, 2023

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Motions Referred

Aug. 26, 2023

Aug. 26, 2023

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Motions Referred

Aug. 26, 2023

Aug. 26, 2023

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Motions Referred

Aug. 26, 2023

Aug. 26, 2023

PACER

Motions Referred

Aug. 26, 2023

Aug. 26, 2023

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Motions Referred

Aug. 26, 2023

Aug. 26, 2023

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Motions Referred

Aug. 26, 2023

Aug. 26, 2023

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Motions Referred

Aug. 26, 2023

Aug. 26, 2023

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Motions Referred

Aug. 26, 2023

Aug. 26, 2023

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Motions Referred

Aug. 26, 2023

Aug. 26, 2023

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Motions Referred

Aug. 26, 2023

Aug. 26, 2023

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Motions Referred

Aug. 26, 2023

Aug. 26, 2023

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Motions Referred

Aug. 26, 2023

Aug. 26, 2023

PACER

Motions Referred

Aug. 26, 2023

Aug. 26, 2023

PACER
5

Amended MOTION for Temporary Restraining Order by Bernhardt Tiede, II. (Attachments: # 1 Exhibit A1, # 2 A-M)(Cole, Jodi) (Entered: 08/28/2023)

1 Exhibit A1

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2 A-M

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Aug. 28, 2023

Aug. 28, 2023

RECAP

Order on Motion for TRO

Aug. 28, 2023

Aug. 28, 2023

PACER

Motions Referred

Aug. 28, 2023

Aug. 28, 2023

PACER

Text Order REFERRING 5 Amended Motion for TRO entered by Judge Robert Pitman. IT IS ORDERED that Plaintiff's Amended Motion for TRO is REFERRED to United States Magistrate Judge Mark Lane for disposition pursuant to 28 U.S.C. § 636(b)(1)(A), Federal Rule of Civil Procedure 72, and Rule 1(c) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas.(This is a text-only entry generated by the court. There is no document associated with this entry.) (sh)

Aug. 28, 2023

Aug. 28, 2023

PACER
6

REQUEST FOR ISSUANCE OF SUMMONS by Bernhardt Tiede, II. (Cole, Jodi) (Entered: 08/28/2023)

Aug. 28, 2023

Aug. 28, 2023

PACER
7

Second MOTION for Temporary Restraining Order Opposed by Bernhardt Tiede, II. (Attachments: # 1 Exhibit A1, # 2 Exhibit s A-M)(Cole, Jodi) (Entered: 08/28/2023)

Aug. 28, 2023

Aug. 28, 2023

PACER
8

ORDER SETTING TELEPHONIC STATUS CONFERENCE re 2 MOTION for Temporary Restraining Order filed by Bernhardt Tiede, II, 5 Amended MOTION for Temporary Restraining Order filed by Bernhardt Tiede, II. ( Telephonic Status Conference set for 8/30/2023 02:00 PM before Judge Mark Lane). Signed by Judge Mark Lane. (pg) (Entered: 08/28/2023)

Aug. 28, 2023

Aug. 28, 2023

PACER

MOTION REFERRED: referred 5 Amended MOTION for Temporary Restraining Order . Referral Judge: Mark Lane. (jv2)

Aug. 28, 2023

Aug. 28, 2023

PACER

Text Order REFERRING 7 Second Motion for TRO entered by Judge Robert Pitman. IT IS ORDERED that Plaintiff's Second Motion for TRO is REFERRED to United States Magistrate Judge Mark Lane for disposition pursuant to 28 U.S.C. § 636(b)(1)(A), Federal Rule of Civil Procedure 72, and Rule 1(c) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh)

Aug. 28, 2023

Aug. 28, 2023

PACER

Motions Referred

Aug. 29, 2023

Aug. 29, 2023

PACER

Motions Referred AND Motions Referred

Aug. 29, 2023

Aug. 29, 2023

PACER

MOTION REFERRED: referred 7 Second MOTION for Temporary Restraining Order. Referral Judge: Mark Lane. (pg)

Aug. 29, 2023

Aug. 29, 2023

PACER
9

ORDER re 7 Second MOTION for Temporary Restraining Order filed by Bernhardt Tiede, II. ( Telephonic Status Conference set for 8/30/2023 02:00 PM before Judge Mark Lane). Signed by Judge Mark Lane. (pg) (Entered: 08/29/2023)

Aug. 29, 2023

Aug. 29, 2023

PACER
10

NOTICE OF SUPPLEMENTAL SUPPORTIVE EVIDENCE FOR PLAINTIFF'S FIRST OPPOSED AMENDED MOTION FOR TEMPORARY RESTRAINING ORDER by Bernhardt Tiede, II re 7 Second MOTION for Temporary Restraining Order Opposed (Attachments: # 1 Exhibit Exhibit A. Declaration, # 2 Exhibit Exhibit B. Supplemental Authorities)(Cole, Jodi) Modified on 8/30/2023 (lt). (Entered: 08/30/2023)

1 Exhibit Exhibit A. Declaration

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2 Exhibit Exhibit B. Supplemental Authorities

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Aug. 30, 2023

Aug. 30, 2023

RECAP
11

ORDER Setting Hearing on 7 Opposed Second Amended MOTION for Temporary Restraining Order : Motion Hearing set for 9/5/2023 02:00 PM before Judge Mark Lane. Signed by Judge Mark Lane. (pg) (Entered: 08/30/2023)

Aug. 30, 2023

Aug. 30, 2023

PACER
12

Minute Entry for proceedings held before Judge Mark Lane: Status Conference held on 8/30/2023 (Minute entry documents are not available electronically.). (Court Reporter FTR.)(pg) (Entered: 08/31/2023)

Aug. 30, 2023

Aug. 30, 2023

PACER
13

RESPONSE to Motion, filed by Texas Office of Attorney General, re 7 Second MOTION for Temporary Restraining Order Opposed filed by Plaintiff Bernhardt Tiede, II (Attachments: # 1 Proposed Order)(Carter, Abigail) (Entered: 09/01/2023)

1 Proposed Order

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Sept. 1, 2023

Sept. 1, 2023

RECAP
14

ORDER Resetting Hearing for 7 Second MOTION for Temporary Restraining Order Opposed ( Motion Hearing reset for 9/12/2023 at 02:00 PM before Judge Mark Lane,). Signed by Judge Mark Lane. (dm) (Entered: 09/05/2023)

Sept. 5, 2023

Sept. 5, 2023

PACER
15

NOTICE (Amended) of Supplemental Evidence by Bernhardt Tiede, II re 2 MOTION for Temporary Restraining Order Ex Parte Emergency, 10 Notice (Other), (Attachments: # 1 Exhibit Exhibit A. Declaration of Dr. Cross, # 2 Exhibit Exhibit B. Supplemental Authorities, # 3 Exhibit Exhibit C. Cole v. Collier et. al. Complaint, # 4 Exhibit Exhibit D. Cole v. Collier et. al. Proposed Settlement Agreement, # 5 Exhibit Exhibit E. TDCJ Administrative Directive 10.64, # 6 Exhibit Exhibit F. Heat Sensitivity Score Evaluation, # 7 Exhibit Exhibit G. Affidavit of Timothy Fitzpatrick)(Cole, Jodi) (Entered: 09/12/2023)

Sept. 12, 2023

Sept. 12, 2023

PACER
16

Minute Entry for proceedings held before Judge Mark Lane: Motion Hearing held on 9/12/2023 re 2 MOTION for Temporary Restraining Order Ex Parte Emergency filed by Bernhardt Tiede, II, 5 Amended MOTION for Temporary Restraining Order filed by Bernhardt Tiede, II, 7 Second MOTION for Temporary Restraining Order Opposed filed by Bernhardt Tiede, II (Minute entry documents are not available electronically.). (Court Reporter FTR Gold.)(dm) (Entered: 09/12/2023)

Sept. 12, 2023

Sept. 12, 2023

PACER
17

TEMPORARY RESTRAINING ORDER. Signed by Judge Mark Lane. (dm) (Entered: 09/13/2023)

Sept. 13, 2023

Sept. 13, 2023

Clearinghouse
18

Opposed MOTION to Vacate 17 Order on Motion for TRO,, by Bryan Collier, The Texas Department of Criminal Justice (TDCJ). (Attachments: # 1 Proposed Order)(Carter, Abigail) (Entered: 09/13/2023)

Sept. 13, 2023

Sept. 13, 2023

PACER
19

AMENDED TEMPORARY RESTRAINING ORDER. Signed by Judge Robert Pitman. (dm) (Entered: 09/14/2023)

Sept. 14, 2023

Sept. 14, 2023

PACER

Order on Motion to Vacate

Sept. 14, 2023

Sept. 14, 2023

PACER

Text Order MOOTING 18 Opposed MOTION to Vacate 17 Order on Motion for TRO entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tclc)

Sept. 14, 2023

Sept. 14, 2023

PACER
20

WAIVER OF SERVICE Returned Executed by Bernhardt Tiede, II as to All Defendants. (Attachments: # 1 Waiver Waiver of Service - AG, # 2 Waiver Waiver of Service - Paxton, # 3 Waiver Waiver of Service - TDCJ)(Cole, Jodi) (Entered: 09/19/2023)

Sept. 19, 2023

Sept. 19, 2023

PACER
21

NOTICE Lead Counsel Designation by Bernhardt Tiede, II (Cole, Jodi) (Entered: 09/26/2023)

Sept. 26, 2023

Sept. 26, 2023

PACER
22

MOTION to Extend the Amended Temporary Restraining Order (to extend) by Bernhardt Tiede, II. (Attachments: # 1 Exhibit Exhibit A. Declaration of Dr. Cross)(Cole, Jodi) (Entered: 09/26/2023)

Sept. 26, 2023

Sept. 26, 2023

PACER
23

Proposed Order to 22 MOTION for Temporary Restraining Order (to extend) by Bernhardt Tiede, II. (Cole, Jodi) (Entered: 09/26/2023)

Sept. 26, 2023

Sept. 26, 2023

PACER
24

ORDER regarding Motion to Extend the Amended Temporary Restraining Order. Signed by Judge Robert Pitman. (dm) (Entered: 09/26/2023)

Sept. 26, 2023

Sept. 26, 2023

RECAP
25

Unopposed MOTION for Virtual Hearings by Bernhardt Tiede, II. (Attachments: # 1 Proposed Order for Plaintiff's Motion for Virtual Hearings)(Cole, Jodi) (Entered: 09/26/2023)

1 Proposed Order for Plaintiff's Motion for Virtual Hearings

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Sept. 26, 2023

Sept. 26, 2023

RECAP
26

RESPONSE to Motion, filed by Texas Office of Attorney General, re 22 MOTION for Temporary Restraining Order (to extend) filed by Plaintiff Bernhardt Tiede, II (Carter, Abigail) (Entered: 09/27/2023)

Sept. 27, 2023

Sept. 27, 2023

PACER
27

ORDER GRANTING 22 Motion to Extend the Amended Temporary Restraining Order. Signed by Judge Robert Pitman. (dm) (Entered: 09/28/2023)

Sept. 28, 2023

Sept. 28, 2023

Clearinghouse

Order on Motion for Miscellaneous Relief

Sept. 28, 2023

Sept. 28, 2023

PACER

Text Order GRANTING 25 Motion entered by Judge Robert Pitman. IT IS ORDERED that, subject to a change in circumstances, all court settings and hearings will be held by video conference or telephonically. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tclc)

Sept. 28, 2023

Sept. 28, 2023

PACER
28

MOTION to Dismiss by Angela Colmenero, Kenneth Paxton, Texas Office of Attorney General. (Attachments: # 1 Proposed Order)(Carter, Abigail) (Entered: 10/30/2023)

1 Proposed Order

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Oct. 30, 2023

Oct. 30, 2023

RECAP
29

MOTION to Dismiss by Bryan Collier, The Texas Department of Criminal Justice (TDCJ). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(Carter, Abigail) (Entered: 10/30/2023)

1 Exhibit A

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2 Exhibit B

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3 Proposed Order

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Oct. 30, 2023

Oct. 30, 2023

RECAP
30

Response in Opposition to Motion, filed by Bernhardt Tiede, II, re 29 MOTION to Dismiss filed by Defendant Bryan Collier, Defendant The Texas Department of Criminal Justice (TDCJ) (Attachments: # 1 Exhibit 1 - TDCJ Inmate Information - Tiede, # 2 Exhibit 2 - Dr. Cross Declaration and CV, # 3 Exhibit 3 - Excerpts from Tiede's TDCJ Medical Records, # 4 Exhibit 4 - TDCJ AC Survey as of August 2017, # 5 Exhibit 5 - Testimony of Cody Ginsel, # 6 Exhibit 6 - TDCJ Health Services Liaison Facility Types List, # 7 Exhibit 7 - Testimony of Phyllis McWhorter, # 8 Exhibit 8 - Deposition of Lannette Linthicum, # 9 Exhibit 9 - CMHC Policy D-27.02, # 10 Exhibit 10 - CMHC Policy Manual D-27.02 Attachment A, # 11 Exhibit 11 - CMHC Policy Manual D-27.02 Attachment B, # 12 Exhibit 12 - TDCJ Policy A-08.4 Attachment A - Guidelines For Completing The Health Summary For Classification Form, # 13 Exhibit 13 - TDCJ Gurney Unit Directory (2012), # 14 Exhibit 14 - TDCJ Gurney Unit Directory (2016), # 15 Exhibit 15 - TDCJ Estelle Unit Directory, # 16 Exhibit 16 - TDCJ Pack Unit Directory, # 17 Exhibit 17 - Cole v. Collier - Final Judgment, # 18 Exhibit 18 - TDCJ Air Conditioning Construction Projects, # 19 Exhibit 19 - TDCJ Health Summary for Classification Form for Tiede, # 20 Exhibit 20 - Excerpts from TDCJ Annual Review 2021, # 21 Exhibit 21 - TDCJ News - The Texas Department of Criminal Justice to close two prison units in 2020, # 22 Exhibit 22 - Excerpts from TDCJ Statistical Report FY2022, # 23 Exhibit 23 - NWS Houston, Texas February 2020 Regional Climate Summary, # 24 Exhibit 24 - Declaration of Tiede)(Edwards, Jeffrey) (Entered: 11/13/2023)

1 Exhibit 1 - TDCJ Inmate Information - Tiede

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2 Exhibit 2 - Dr. Cross Declaration and CV

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3 Exhibit 3 - Excerpts from Tiede's TDCJ Medical Records

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4 Exhibit 4 - TDCJ AC Survey as of August 2017

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5 Exhibit 5 - Testimony of Cody Ginsel

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6 Exhibit 6 - TDCJ Health Services Liaison Facility Types List

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7 Exhibit 7 - Testimony of Phyllis McWhorter

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8 Exhibit 8 - Deposition of Lannette Linthicum

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9 Exhibit 9 - CMHC Policy D-27.02

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10 Exhibit 10 - CMHC Policy Manual D-27.02 Attachment A

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11 Exhibit 11 - CMHC Policy Manual D-27.02 Attachment B

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12 Exhibit 12 - TDCJ Policy A-08.4 Attachment A - Guidelines For Completing The He

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13 Exhibit 13 - TDCJ Gurney Unit Directory (2012)

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14 Exhibit 14 - TDCJ Gurney Unit Directory (2016)

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15 Exhibit 15 - TDCJ Estelle Unit Directory

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16 Exhibit 16 - TDCJ Pack Unit Directory

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17 Exhibit 17 - Cole v. Collier - Final Judgment

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18 Exhibit 18 - TDCJ Air Conditioning Construction Projects

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19 Exhibit 19 - TDCJ Health Summary for Classification Form for Tiede

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20 Exhibit 20 - Excerpts from TDCJ Annual Review 2021

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21 Exhibit 21 - TDCJ News - The Texas Department of Criminal Justice to close two

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22 Exhibit 22 - Excerpts from TDCJ Statistical Report FY2022

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23 Exhibit 23 - NWS Houston, Texas February 2020 Regional Climate Summary

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24 Exhibit 24 - Declaration of Tiede

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Nov. 13, 2023

Nov. 13, 2023

PACER
31

Response in Opposition to Motion, filed by Bernhardt Tiede, II, re 28 MOTION to Dismiss filed by Defendant Angela Colmenero, Defendant Texas Office of Attorney General, Defendant Kenneth Paxton (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Cole, Jodi) (Entered: 11/13/2023)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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Nov. 13, 2023

Nov. 13, 2023

PACER
32

REPLY to Response to Motion, filed by Angela Colmenero, Kenneth Paxton, Texas Office of Attorney General, re 28 MOTION to Dismiss filed by Defendant Angela Colmenero, Defendant Texas Office of Attorney General, Defendant Kenneth Paxton (Carter, Abigail) (Entered: 11/20/2023)

Nov. 20, 2023

Nov. 20, 2023

PACER
33

REPLY to Response to Motion, filed by Bryan Collier, The Texas Department of Criminal Justice (TDCJ), re 29 MOTION to Dismiss filed by Defendant Bryan Collier, Defendant The Texas Department of Criminal Justice (TDCJ) (Carter, Abigail) (Entered: 11/20/2023)

Nov. 20, 2023

Nov. 20, 2023

RECAP
34

Order for Proposed Scheduling Order. Proposed scheduling order due to the Court within sixty (60) days after the appearance of any defendant. Proposed Scheduling Order due by 2/1/2024. Signed by Judge Mark Lane. (dm) (Entered: 01/18/2024)

Jan. 18, 2024

Jan. 18, 2024

RECAP
35

Proposed Scheduling Order filed Jointly with Defendants by Bernhardt Tiede, II. (Samuel, Paul) (Entered: 02/01/2024)

Feb. 1, 2024

Feb. 1, 2024

RECAP

Order on Motion to Dismiss

Feb. 6, 2024

Feb. 6, 2024

PACER

Motions Referred

Feb. 6, 2024

Feb. 6, 2024

PACER

Text Order REFERRING 28 Motion to Dismiss entered by Judge Robert Pitman. IT IS ORDERED that the Motion to Dismiss, (Dkt. 28), is REFERRED to United States Magistrate Judge Mark Lane for a report and recommendation pursuant to 28 U.S.C. § 636(b)(1)(B), Federal Rule of Civil Procedure 72, and Rule 1(d) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sslc)

Feb. 6, 2024

Feb. 6, 2024

PACER

Text Order REFERRING 29 Motion to Dismiss entered by Judge Robert Pitman. IT IS ORDERED that the Motion to Dismiss, (Dkt. 29), is REFERRED to United States Magistrate Judge Mark Lane for a report and recommendation pursuant to 28 U.S.C. § 636(b)(1)(B), Federal Rule of Civil Procedure 72, and Rule 1(d) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sslc)

Feb. 6, 2024

Feb. 6, 2024

PACER

MOTION REFERRED: referred 28 MOTION to Dismiss, 29 MOTION to Dismiss . Referral Judge: Mark Lane. (klw)

Feb. 6, 2024

Feb. 6, 2024

PACER
36

CONSENT to Trial by US Magistrate Judge by Bernhardt Tiede, II. (Edwards, Jeffrey) (Entered: 02/15/2024)

Feb. 15, 2024

Feb. 15, 2024

RECAP
37

NON-CONSENT to Trial by US Magistrate Judge by Bryan Collier, Angela Colmenero, Kenneth Paxton, Texas Office of Attorney General, The Texas Department of Criminal Justice (TDCJ). (Carter, Abigail) (Entered: 02/15/2024)

Feb. 15, 2024

Feb. 15, 2024

RECAP
38

MOTION to Appear Pro Hac Vice by Jodi Callaway Cole on behalf of Erica Tick Grossman ( Filing fee $ 100 receipt number ATXWDC-18424633) by on behalf of Bernhardt Tiede, II. (Attachments: # 1 Proposed Order for Pro Hac Vice)(Cole, Jodi) (Attachment 1 replaced on 2/19/2024) (klw). (Main Document 38 replaced on 2/19/2024) (klw). (Entered: 02/15/2024)

Feb. 15, 2024

Feb. 15, 2024

PACER
39

MOTION to Appear Pro Hac Vice by Jodi Callaway Cole for Ellen Blatt ( Filing fee $ 100 receipt number ATXWDC-18449285) by on behalf of Bernhardt Tiede, II. (Attachments: # 1 Proposed Order Proposed Order)(Cole, Jodi) (Entered: 02/22/2024)

Feb. 22, 2024

Feb. 22, 2024

PACER
40

MOTION to Appear Pro Hac Vice by Jodi Callaway Cole for Kevin Homiak ( Filing fee $ 100 receipt number ATXWDC-18449312) by on behalf of Bernhardt Tiede, II. (Attachments: # 1 Proposed Order Proposed Order)(Cole, Jodi) (Entered: 02/22/2024)

Feb. 22, 2024

Feb. 22, 2024

PACER
41

MOTION to Appear Pro Hac Vice by Jodi Callaway Cole Thomas Olsen ( Filing fee $ 100 receipt number ATXWDC-18449339) by on behalf of Bernhardt Tiede, II. (Attachments: # 1 Proposed Order Proposed Order)(Cole, Jodi) (Entered: 02/22/2024)

Feb. 22, 2024

Feb. 22, 2024

PACER
42

ORDER GRANTING 38 Motion to Appear Pro Hac Vice as to Erica Tick Grossman. 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. Registration is managed by the PACER Service Center. Signed by Judge Robert Pitman. (dm) (Entered: 02/27/2024)

Feb. 27, 2024

Feb. 27, 2024

PACER
43

ORDER GRANTING 39 Motion to Appear Pro Hac Vice as to Ellen Blatt. 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. Registration is managed by the PACER Service Center. Signed by Judge Robert Pitman. (dm) (Entered: 02/27/2024)

Feb. 27, 2024

Feb. 27, 2024

PACER
44

ORDER GRANTING 40 Motion to Appear Pro Hac Vice as to Kevin Homiak. 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. Registration is managed by the PACER Service Center. Signed by Judge Robert Pitman. (dm) (Entered: 02/27/2024)

Feb. 27, 2024

Feb. 27, 2024

PACER
45

ORDER GRANTING 41 Motion to Appear Pro Hac Vice as to Thomas Olsen. 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. Registration is managed by the PACER Service Center. Signed by Judge Robert Pitman. (dm) (Entered: 02/27/2024)

Feb. 27, 2024

Feb. 27, 2024

PACER
46

NOTICE of Attorney Appearance by Caitlin E. Gernert on behalf of Bernhardt Tiede, II. Attorney Caitlin E. Gernert added to party Bernhardt Tiede, II(pty:pla) (Gernert, Caitlin) (Entered: 03/27/2024)

March 27, 2024

March 27, 2024

PACER
47

NOTICE of Attorney Appearance by Brandon W. Duke on behalf of Bernhardt Tiede, II. Attorney Brandon W. Duke added to party Bernhardt Tiede, II(pty:pla) (Duke, Brandon) (Entered: 03/27/2024)

March 27, 2024

March 27, 2024

PACER
48

MOTION to Amend Complaint by Bernhardt Tiede, II. (Attachments: # 1 Exhibit 1 - Plaintiff's Amended Complaint, # 2 Proposed Order)(Edwards, Jeffrey) (Entered: 04/22/2024)

1 Exhibit 1 - Plaintiff's Amended Complaint

View on RECAP

2 Proposed Order

View on PACER

April 22, 2024

April 22, 2024

RECAP

Case Details

State / Territory: Texas

Case Type(s):

Prison Conditions

Disability Rights

Key Dates

Filing Date: Aug. 24, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A 65-year-old man with chronic health conditions incarcerated in a Texas prison

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Texas Department of Criminal Justice, State

Defendant Type(s):

Corrections

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Equal Protection

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Reasonable Accommodation

Issues

General/Misc.:

Conditions of confinement

Disability and Disability Rights:

Disability, unspecified

Discrimination Basis:

Disability (inc. reasonable accommodations)