Case: Hope v. Harris

9:18-cv-00027 | U.S. District Court for the Eastern District of Texas

Filed Date: Feb. 16, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On February 16, 2018, a prisoner housed in solitary confinement in the Security Housing Unit (SHU) at the Polunsky Unit within the Texas Department of Criminal Justice filed a pro se lawsuit in the U.S. District Court for the Eastern District of Texas challenging the conditions of his confinement. The plaintiff filed suit against the prison’s Senior Warden, Major of Correctional Officers, Deputy Director of Support Operations, and Assistant Director of Classification, as well as three members o…

On February 16, 2018, a prisoner housed in solitary confinement in the Security Housing Unit (SHU) at the Polunsky Unit within the Texas Department of Criminal Justice filed a pro se lawsuit in the U.S. District Court for the Eastern District of Texas challenging the conditions of his confinement. The plaintiff filed suit against the prison’s Senior Warden, Major of Correctional Officers, Deputy Director of Support Operations, and Assistant Director of Classification, as well as three members of the prison’s State Classification Committee, alleging that the defendants subjected him to cruel and unusual punishment, inhumane living conditions, denial of due process, retaliation, and denial of mental health treatment. The complaint included a procedural due process claim under the Fourteenth Amendment, a retaliation claim under the First Amendment, and an Eighth Amendment claim alleging the conditions, including the duration, of his solitary confinement constituted cruel and unusual punishment. The plaintiff requested injunctive, declaratory, and monetary relief. The case was assigned to District Judge Marcia A. Crone.

In his complaint, the plaintiff alleged that he had been continuously held in solitary confinement for 23 years following a 1994 prison escape despite having long since had his “escape risk” designation removed. He complained of 23-24 hour daily confinement, unsanitary food service, smaller food portions, consistent strip searches, limited ability to possess property, and denial of human contact and television access. He further alleged excessive noise, chemical agent exposure, harsh lockdown conditions, restricted legal access, retaliatory cell moves to unsanitary and unlit cells, and lack of medical privacy. The plaintiff alleged that review hearings to assess his continued confinement in the SHU were sham hearings. Finally, he alleged he had suffered retaliation for filing grievances, including the confiscation of his typewriter.

The defendants filed a motion to dismiss on March 6, 2019, asserting that the plaintiff had failed to adequately allege constitutional violations and failed to demonstrate the defendants’ personal involvement in his alleged mistreatment. The defendants further asserted that claims for monetary damages were barred by the Eleventh Amendment and that the plaintiff lacked standing for injunctive relief. The matter was referred to Magistrate Judge Zack Hawthorn, who issued his report and recommendation on March 9. In his report, the magistrate recommended that the complaint be dismissed for lack of Article III standing because the defendants lacked the ability to release him from the SHU even with a favorable decision. The magistrate then proceeded to analyze the merits of the plaintiff’s claims and recommended that they be dismissed with prejudice. 2020 WL 4724315. Over the plaintiff’s objections, Judge Crone formally accepted the magistrate’s report and recommendations on May 5, 2020. 2020 WL 2186246.

The plaintiff appealed to the U.S. Court of Appeals for the Fifth Circuit in June 2020 where the case was assigned to a three-judge panel comprised of Circuit Justices Carolyn Dineen King, Jerry Edwin Smith, and Catharina Haynes. At this stage, the plaintiff retained counsel, now proceeding with representation by attorneys from the MacArthur Justice Center. Oral argument in the appeal occurred on April 1, 2021, and the panel issued an opinion on June 18, 2021. The court affirmed the lower court in part, vacated in part, and remanded for further proceedings. 861 Fed.Appx. 571. Specifically, the court found that the plaintiff did have standing to bring his official-capacity claims and that, pursuant to the Ex parte Young exception, state sovereign immunity did not bar the plaintiff’s official-capacity claims for prospective injunctive relief. Next, the court noted that the plaintiff brought not only official-capacity claims, but also sought damages against the defendants in their official capacity. However, neither the magistrate nor the district judge considered these claims. Accordingly, the court remanded the plaintiff’s individual-capacity claims for consideration in the first instance. Lastly, the court reviewed the dismissal of the particular official-capacity claims for failure to state a claim. The court affirmed the district court’s dismissal of the plaintiff’s procedural due process claim and, as to all defendants other than the prison major, the plaintiff’s Eighth Amendment claim. However, the court vacated the dismissal of the retaliation claim and, as to the prison major only, the Eighth Amendment claim. The court remanded those matters for further proceeding along with the individual-capacity claims.

Thereafter, the plaintiff appealed to the U.S. Supreme Court, filing a petition for a writ of certiorari in January 2022. The petition was distributed for conference in March and June of 2022, as well as in April 2023. However, on April 17, 2023, the Court officially denied the petition. 143 S.Ct. 1746.

With the case back in the district court, the plaintiff filed a motion for leave to file an amended complaint. Specifically, the plaintiff sought to add additional factual support for his individual-capacity claims. However, he also sought to allege an additional § 1983 conspiracy claim and add an excessive force claim against two additional defendants. The motion was referred to Magistrate Judge Hawthorn, who recommended on May 30, 2024, that the motion be denied without prejudice to the plaintiff’s ability to file a new motion for leave to amend strictly limited to supporting the claims remanded to the district court. 2024 WL 4223194. The district court formally adopted the magistrate’s recommendation on September 16, 2024, noting that allowing the plaintiff to add new claims at this stage would violate the remand rule. The plaintiff submitted a new motion for leave to amend in October 2024.

As of March 2025, the plaintiff’s motion remains pending before the district court.

 

Summary Authors

Andrew Eslich (12/30/2024)

Logan Moore (4/5/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6896599/parties/hope-v-harris/


Judge(s)
Attorney for Plaintiff

Ali, Amir H.

Anand, Easha

Carrington, Morris C (Texas)

Attorney for Defendant

Bramow, Jason Tyler (Texas)

Calb, Michael Jason (Texas)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case
1

9:18-cv-00027

Complaint

Feb. 16, 2018

Feb. 16, 2018

Complaint
15

9:18-cv-00027

Amended Complaint

June 18, 2018

June 18, 2018

Complaint
24

9:18-cv-00027

Report and Recommendation of United States Magistrate Judge

March 9, 2020

March 9, 2020

Magistrate Report/Recommendation
28

9:18-cv-00027

Order Overruling Objections and Accepting the Magistrate Judge's Report and Recommendation

May 5, 2020

May 5, 2020

Order/Opinion

2020 WL 2186246

29

9:18-cv-00027

Final Judgment

May 5, 2020

May 5, 2020

Order/Opinion
00515905537

9:18-cv-00027

Appeal from the United States District Court for the Eastern District of Texas

June 18, 2021

June 18, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6896599/hope-v-harris/

Last updated July 28, 2026, 6:55 p.m.

ECF Number Date Description Link
1 Feb. 16, 2018

COMPLAINT (42:1983 Prisoner Civil Rights) against All Defendants, filed by Dennis Wayne Hope.(ljw, ) (Entered: 02/20/2018)

Clearinghouse
Feb. 16, 2018

Order Referring Case to Magistrate Judge

Feb. 16, 2018

ORDER REFERRING CASE to Magistrate Judge Zack Hawthorn (ljw, )

Feb. 20, 2018

Order Referring Case to Magistrate Judge

Feb. 23, 2018

Filing fee received: $ 400.00, receipt number 6-40460. (mjc, )

Feb. 23, 2018

Filing Fee Received

2 April 2, 2018

ORDER that the Clerk of Court shall deliver summonses to the plaintiff so that he may serve the defendants in accordance with FED. R. CIV. P. 4.. Signed by Magistrate Judge Zack Hawthorn on 4/2/18. (ljw, ) (Entered: 04/02/2018)

RECAP
3 April 2, 2018

SUMMONS Issued as to All Defendants and mailed to Plaintiff for service. (Attachments: # 1 Rehse Summons, # 2 Eschessa Summons)(ljw, ) (Entered: 04/02/2018)

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4 April 17, 2018

ACKNOWLEDGMENT OF RECEIPT by Dennis Wayne Hope on 4/9/2018 2 Order, issued summonses and complaint. (bjc) (Entered: 04/17/2018)

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5 April 19, 2018

SUMMONS Issued as to Melissa Benet, Kelly Enloe, B. Fiveash, Joni White and mailed to plaintiff for service. (Attachments: # 1 Enloe Summons, # 2 Fiveash Summons, # 3 White Summons)(ljw, ) (Entered: 04/19/2018)

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6 May 24, 2018

WITHDRAWN PER ORDER 18 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(1) and (6) by Melissa Benet, Kelly Enloe, Leonard Eschessa, B. Fiveash, Todd Harris, Chad Rehse, Joni White. (Attachments: # 1 Text of Proposed Order)(Prasad, Amy) Modified on 2/26/2019 (ljw, ). (Entered: 05/24/2018)

1 Text of Proposed Order

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7 June 7, 2018

NOTICE to the Court re Summons returns by Dennis Wayne Hope (ljw, ) (Entered: 06/07/2018)

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8 June 7, 2018

SUMMONS Returned Executed by Dennis Wayne Hope. Melissa Benet served on 5/4/2018. (ljw, ) (Entered: 06/07/2018)

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9 June 7, 2018

SUMMONS Returned Executed by Dennis Wayne Hope. B. Fiveash served on 5/2/2018. (ljw, ) (Entered: 06/07/2018)

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10 June 7, 2018

SUMMONS Returned Executed by Dennis Wayne Hope. Kelly Enloe served on 5/2/2018. (ljw, ) (Entered: 06/07/2018)

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11 June 7, 2018

SUMMONS Returned Executed by Dennis Wayne Hope. Joni White served on 5/2/2018. (ljw, ) (Entered: 06/07/2018)

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12 June 7, 2018

SUMMONS Returned Executed by Dennis Wayne Hope. Chad Rehse served on 5/3/2018. (ljw, ) (Entered: 06/07/2018)

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13 June 7, 2018

SUMMONS Returned Executed by Dennis Wayne Hope. Todd Harris served on 5/3/2018. (ljw, ) (Entered: 06/07/2018)

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14 June 7, 2018

SUMMONS Returned Executed by Dennis Wayne Hope. Leonard Eschessa served on 5/2/2018. (ljw, ) (Entered: 06/07/2018)

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15 June 18, 2018

AMENDED COMPLAINT against All Defendants, filed by Dennis Wayne Hope.(ljw, ) (Entered: 06/18/2018)

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16 July 27, 2018

RESPONSE in Opposition to 6 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(1) and (6) filed by Dennis Wayne Hope. (bjc, ) (Entered: 07/27/2018)

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17 Oct. 10, 2018

NOTICE to the Court by Dennis Wayne Hope. (ljw, ) (Entered: 10/10/2018)

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18 Feb. 26, 2019

ORDER that the defendant's motion to dismiss 6 is deemed WITHDRAWN without prejudice to resubmitting a motion to dismiss after review of the amended complaint. Signed by Magistrate Judge Zack Hawthorn on 2/26/19. (ljw, ) (Entered: 02/26/2019)

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19 March 6, 2019

FILED IN ERROR, PLEASE IGNORE MOTION to Dismiss PLAINTIFFS AMENDED COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(1) AND (6) by Melissa Benet, Kelly Enloe, Leonard Eschessa, B. Fiveash, Todd Harris, Chad Rehse, Joni White. (Attachments: # 1 Text of Proposed Order)(Bramow, Jason) Modified on 3/6/2019 (ljw, ). (Entered: 03/06/2019)

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20 March 6, 2019

MOTION to Dismiss PLAINTIFFS AMENDED COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(1) AND (6) by Melissa Benet, Kelly Enloe, Leonard Eschessa, B. Fiveash, Todd Harris, Chad Rehse, Joni White. (Attachments: # 1 Text of Proposed Order)(Prasad, Amy) (Entered: 03/06/2019)

1 Text of Proposed Order

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RECAP
March 6, 2019

Notice of Docket Correction

March 6, 2019

***FILED IN ERROR. Document # 19, Motion to Dismiss. PLEASE IGNORE. Attorney filed under wrong login. Attorney to refile.*** (ljw, )

21 March 14, 2019

DEMAND for Trial by Jury by Dennis Wayne Hope. (ljw, ) (Entered: 03/14/2019)

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22 March 19, 2019

RESPONSE to 20 MOTION to Dismiss PLAINTIFFS AMENDED COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(1) AND (6) filed by Dennis Wayne Hope. (ljw, ) (Entered: 03/20/2019)

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23 Dec. 9, 2019

Request for status of case by Dennis Wayne Hope. (Mailed docket sheet on 12/10/19) (ljw, ) (Entered: 12/10/2019)

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24 March 9, 2020

REPORT AND RECOMMENDATIONS re 20 MOTION to Dismiss PLAINTIFFS AMENDED COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(1) AND (6) filed by B. Fiveash, Joni White, Kelly Enloe, Chad Rehse, Leonard Eschessa, Melissa Benet, Todd Harris. The motion should be granted. Accordingly, plaintiffs' complaint should be dismissed with prejudice. Signed by Magistrate Judge Zack Hawthorn on 3/9/20. (ljw, ) (Entered: 03/12/2020)

Clearinghouse
25 March 26, 2020

ACKNOWLEDGMENT OF RECEIPT by Dennis Wayne Hope on 3/20/20 as to 24 Report and Recommendations. (ljw, ) (Entered: 03/26/2020)

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26 April 2, 2020

MOTION for Extension of Time to File Response/Reply as to 24 Report and Recommendations, by Dennis Wayne Hope. (ljw, ) (Entered: 04/02/2020)

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27 April 7, 2020

OBJECTION to 24 Report and Recommendations by Dennis Wayne Hope. (ljw, ) (Entered: 04/07/2020)

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28 May 5, 2020

ORDER ACCEPTING 24 REPORT AND RECOMMENDATIONS. Defendants' motion to dismiss is GRANTED, and plaintiff's claims are dismissed with prejudice. A final judgment will be entered in this case in accordance with the Magistrate Judge's recommendations. Signed by District Judge Ron Clark on 5/5/20. (ljw, ) (Entered: 05/06/2020)

Clearinghouse
29 May 5, 2020

FINAL JUDGMENT that this case is DISMISSED with prejudice. All relief not previously granted is DENIED. Signed by District Judge Ron Clark on 5/5/20. (ljw, ) (Entered: 05/06/2020)

Clearinghouse
30 June 3, 2020

NOTICE OF APPEAL as to 29 Final Judgment & 28 Order Adopting Report and Recommendations by Dennis Wayne Hope. (ljw, ) (Entered: 06/03/2020)

Clearinghouse
June 4, 2020

USCA Appeal Fees

June 4, 2020

USCA Appeal Fees received $ 505; receipt number 6-52845 re 30 Notice of Appeal filed by Dennis Wayne Hope (mll, )

June 16, 2020

Notice (Other)

June 16, 2020

NOTICE of certification of eROA provided to 5th Circuit Court of Appeals. (ljw, )

June 25, 2020

USCA Availability of eROA

June 25, 2020

Appeal Remark re: Counsel can access the record on appeal by following the instructions in the link. If an appearance wasn't made in the appellant court, counsel doesn't have access through the link. http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf re 30 Notice of Appeal : (ljw, )

31 Sept. 2, 2021

MOTION to Substitute Attorney by Melissa Benet, Kelly Enloe, Leonard Eschessa, B. Fiveash, Todd Harris, Chad Rehse, Joni White. (Attachments: # 1 Text of Proposed Order)(Weltge, Evan) (Entered: 09/02/2021)

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32 Sept. 2, 2021

ORDER of USCA as to 30 Notice of Appeal filed by Dennis Wayne Hope. Treating the petition for rehearing en banc as a petition for panel rehearing (5TH Cir. R. 35 I.O.P.), the petition for panel rehearing is DENIED. Because no member of the panel or judge in regular active service having requested that the court be polled on rehearing en banc (Fed. R. App. P. 35 and 5TH Cir. R. 35), the petition for rehearing en banc is DENIED. (Attachments: # 1 USCA Cover Letter)(ljw, ) (Entered: 09/02/2021)

1 USCA Cover Letter

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33 Sept. 8, 2021

ORDER of USCA as to 30 Notice of Appeal filed by Dennis Wayne Hope. IT IS ORDERED and ADJUDGED that the judgment of the District Court is AFFIRMED IN PART and VACATED IN PART, and the cause is REMANDED to the District Court for further proceedings in accordance with the opinion of this Court. (Attachments: # 1 USCA Order, # 2 USCA Cover Letter)(ljw, ) (Entered: 09/09/2021)

1 USCA Order

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2 USCA Cover Letter

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Clearinghouse
34 Sept. 27, 2021

Letter to the Court from Dennis Wayne Hope (ljw, ) (Entered: 09/27/2021)

RECAP
35 May 11, 2022

MOTION to Substitute Attorney -In-Charge by Melissa Benet, Kelly Enloe, Leonard Eschessa, B. Fiveash, Todd Harris, Chad Rehse, Joni White. (Attachments: # 1 Text of Proposed Order)(Fennessey, Sheaffer) (Entered: 05/11/2022)

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May 12, 2022

Case Assigned/Reassigned

May 12, 2022

Case reassigned to District Judge Thad Heartfield. District Judge Ron Clark no longer assigned to the case. (ljw, )

36 July 27, 2022

ORDER granting 31 and 35 Motions to Substitute Attorney. Ordered that Assistant Attorney General Sheaffer K. Fennessey is substituted as Attorney-in-Charge for the defendants and Assistant Attorneys General Amy Prasad and Evan W. Weltge are withdrawn. Signed by Magistrate Judge Zack Hawthorn on 7/27/2022. (bjc, ) (Entered: 07/27/2022)

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37 March 21, 2023

MOTION to Substitute Attorney -In-Charge by Melissa Benet, Kelly Enloe, Leonard Eschessa, B. Fiveash, Todd Harris, Chad Rehse, Joni White. (Attachments: # 1 Text of Proposed Order)(Prasad, Amy) (Entered: 03/21/2023)

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March 21, 2023

Case Assigned/Reassigned

March 21, 2023

Case reassigned to District Judge Marcia A. Crone. District Judge Thad Heartfield no longer assigned to the case. (ljw, )

38 March 22, 2023

ORDER granting 37 Motion to Substitute Attorney Amy Lynn Prasad in place of Sheaffer Kristine Fennessey. Signed by Magistrate Judge Zack Hawthorn on 3/22/2023. (bjc, ) (Entered: 03/22/2023)

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39 April 18, 2023

ORDER of Supreme Court. The petition for writ of certiorari is denied. (Attachments: # 1 USCA Cover Letter)(ljw, ) (Entered: 04/18/2023)

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40 May 12, 2023

MOTION to Intervene by Miguel Villegas. (Attachments: # 1 Monitored Bills, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6 - NDTX Amended Complaint, # 8 Cover Letter, # 9 Envelope(s))(gsm) (Entered: 05/15/2023)

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41 May 22, 2023

NOTICE of Change of Address by Dennis Wayne Hope. (ljw, ) (Entered: 05/22/2023)

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42 July 27, 2023

NOTICE of Attorney Appearance - Pro Hac Vice by Peter Wald on behalf of Dennis Wayne Hope. Filing fee $ 100, receipt number ATXEDC-9620817. (Wald, Peter) (Entered: 07/27/2023)

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43 July 27, 2023

NOTICE of Attorney Appearance - Pro Hac Vice by Michele D Johnson on behalf of Dennis Wayne Hope. Filing fee $ 100, receipt number ATXEDC-9620842. (Johnson, Michele) (Entered: 07/27/2023)

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44 July 27, 2023

NOTICE of Attorney Appearance - Pro Hac Vice by Heather A. Waller on behalf of Dennis Wayne Hope. Filing fee $ 100, receipt number ATXEDC-9620870. (Waller, Heather) (Entered: 07/27/2023)

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45 Aug. 2, 2023

NOTICE of Attorney Appearance by Morris C Carrington on behalf of Dennis Wayne Hope (Carrington, Morris) (Entered: 08/02/2023)

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46 Aug. 2, 2023

NOTICE of Attorney Appearance - Pro Hac Vice by Abigail Parr on behalf of Dennis Wayne Hope. Filing fee $ 100, receipt number ATXEDC-9631585. (Parr, Abigail) (Additional attachment(s) added on 8/3/2023: # 1 Sealed Attachment) (nkl, ). (Entered: 08/02/2023)

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47 Aug. 7, 2023

NOTICE of Attorney Appearance - Pro Hac Vice by Molly Petchenik on behalf of All Plaintiffs. Filing fee $ 100, receipt number ATXEDC-9638589. (Petchenik, Molly) (Entered: 08/07/2023)

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48 Aug. 7, 2023

NOTICE of Attorney Appearance by Dustin Rynders on behalf of Dennis Wayne Hope (Rynders, Dustin) (Entered: 08/07/2023)

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49 Aug. 10, 2023

NOTICE of Attorney Appearance - Pro Hac Vice by Travis Fife on behalf of Dennis Wayne Hope. Filing fee $ 100, receipt number ATXEDC-9644227. (Fife, Travis) (Entered: 08/10/2023)

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50 Sept. 6, 2023

MOTION to Substitute Attorney in Charge by Melissa Benet, Kelly Enloe, Leonard Eschessa, B. Fiveash, Todd Harris, Chad Rehse, Joni White. (Attachments: # 1 Proposed Order)(Calb, Michael) (Entered: 09/06/2023)

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51 Sept. 6, 2023

NOTICE by Ronald Ivey re Automatic Substitution of Party pursuant to Federal Rule of Civil Procedure 25(d) (Calb, Michael) (Entered: 09/06/2023)

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52 Feb. 2, 2024

MOTION for Leave to File Second Amended Complaint by Dennis Wayne Hope. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order, # 4 Appendix)(Carrington, Morris) (Entered: 02/02/2024)

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53 Feb. 2, 2024

MOTION for Leave to File Excess Pages Second Amended Complaint by Dennis Wayne Hope. (Attachments: # 1 Proposed Order, # 2 Appendix)(Carrington, Morris) (Entered: 02/02/2024)

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54 Feb. 5, 2024

AMENDED COMPLAINT Second Amended Complaint against All Defendants, filed by Dennis Wayne Hope. (Attachments: # 1 Appendix)(Carrington, Morris) (Entered: 02/05/2024)

Clearinghouse
55 Feb. 15, 2024

RESPONSE in Opposition re 52 MOTION for Leave to File Second Amended Complaint, 53 MOTION for Leave to File Excess Pages Second Amended Complaint filed by Melissa Benet, Kelly Enloe, Leonard Eschessa, B. Fiveash, Todd Harris, Chad Rehse, Joni White. (Attachments: # 1 Proposed Order)(Calb, Michael) (Entered: 02/15/2024)

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56 Feb. 22, 2024

REPLY to Response to Motion re 52 MOTION for Leave to File Second Amended Complaint, 53 MOTION for Leave to File Excess Pages Second Amended Complaint filed by Dennis Wayne Hope. (Attachments: # 1 Appendix of Authorities)(Waller, Heather) (Entered: 02/22/2024)

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57 March 12, 2024

WITHDRAWN PER ORDER 62 MOTION for Leave for Limited Expedited Discovery by Dennis Wayne Hope. (Attachments: # 1 Appendix of Authorities to Plaintiff Dennis Wayne Hope's Motion for Leave for Limited Expedited Discovery, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Proposed Order)(Waller, Heather) Modified on 5/9/2024 (ljw). (Entered: 03/12/2024)

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58 March 14, 2024

ORDER denying 40 Motion to Intervene. Signed by Magistrate Judge Zack Hawthorn on 3/14/24. (ljw, ) (Entered: 03/14/2024)

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59 March 22, 2024

RESPONSE in Opposition re 57 MOTION for Discovery -Dennis Wayne Hope's Motion for Leave for Limited Expedited Discovery filed by Melissa Benet, Kelly Enloe, Leonard Eschessa, B. Fiveash, Todd Harris, Chad Rehse, Joni White. (Attachments: # 1 Proposed Order)(Calb, Michael) (Entered: 03/22/2024)

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60 March 29, 2024

MOTION to Withdraw 57 MOTION for Discovery -Dennis Wayne Hope's Motion for Leave for Limited Expedited Discovery by Dennis Wayne Hope. (Attachments: # 1 Proposed Order)(Waller, Heather) (Entered: 03/29/2024)

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61 May 7, 2024

ORDER granting 50 defendants' Motion to Substitute Counsel. Assistant Attorney General Michael J. Calb is substituted as Attorney-in- Charge for the defendants and Assistant Attorney General Amy Prasad is withdrawn. Signed by Magistrate Judge Zack Hawthorn on 5/7/24. (ljw) (Entered: 05/09/2024)

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62 May 7, 2024

ORDER granting 60 plaintiff's motion to withdraw his motion for leave for limited expedited discovery. The 57 plaintiff's motion for leave for limited expedited discovery is deemed WITHDRAWN without prejudice and terminated for statistical purposes. Signed by Magistrate Judge Zack Hawthorn on 5/7/24. (ljw) (Entered: 05/09/2024)

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63 May 30, 2024

REPORT AND RECOMMENDATIONS re 52 MOTION for Leave to File Second Amended Complaint & 53 MOTION for Leave to File Excess Pages Second Amended Complaint filed by Dennis Wayne Hope. Recommended that the Plaintiff's motion for leave to amend the complaint should be denied without prejudice to plaintiff's ability to file a new motion for leave within thirty days along with a proposed amended complaint strictly limited to supporting those claims remanded to this court. Additionally, plaintiff's motion for leave to exceed the page limit should be denied as moot. Signed by Magistrate Judge Zack Hawthorn on 5/30/2024. (KMH) Modified text and document linkage on 9/17/2024 (ljw). (Entered: 05/30/2024)

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64 June 13, 2024

OBJECTION to 63 Report and Recommendations Regarding Plaintiff's Motion for Leave to File Second Amended Complaint by Dennis Wayne Hope. (Waller, Heather) (Entered: 06/13/2024)

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65 June 18, 2024

ACKNOWLEDGMENT OF RECEIPT by Miguel Villegas as to 63 Report and Recommendation. (Do received on date on card). (KMH) (Entered: 06/18/2024)

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66 Sept. 16, 2024

ORDER OVERRULING OBJECTIONS AND ADOPTING 63 REPORT AND RECOMMENDATIONS. Plaintiff's motion for leave to file a second amended complaint 52 is denied and plaintiff's motion for leave to exceed page limitations in his second amended complaint 53 is denied as moot. Signed by District Judge Marcia A. Crone on 9/16/24. (ljw) (Entered: 09/17/2024)

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67 Oct. 16, 2024

MOTION for Leave to File Second Amended Complaint by Dennis Wayne Hope. (Attachments: # 1 Proposed Order Proposed Order on Motion for Leave to Amend, # 2 Appendix Appendix of Authorities to Motion for Leave to Amend)(Carrington, Morris) (Entered: 10/16/2024)

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68 Oct. 16, 2024

SECOND AMENDED Complaint by Dennis Wayne Hope. (Attachments: # 1 Appendix Appendix of Authorities to Second Amended Complaint)(Carrington, Morris) Modified from a Motion to a Complaint on 6/18/2025 (ljw). (Entered: 10/16/2024)

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69 Oct. 16, 2024

MOTION for Leave to File Excess Pages by Dennis Wayne Hope. (Attachments: # 1 Proposed Order on Motion to Exceed Page Limits, # 2 Appendix of Authorities to Motion to Exceed Page Limits)(Carrington, Morris) Modified text on 10/17/2024 (bmf). (Entered: 10/16/2024)

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70 Nov. 4, 2024

RESPONSE in Opposition re 67 MOTION for Leave to File Second Amended Complaint, 68 AMENDED MOTION to Amend/Correct Second Amended Complaint filed by Melissa Benet, Kelly Enloe, Leonard Eschessa, B. Fiveash, Todd Harris, Chad Rehse, Joni White. (Attachments: # 1 Proposed Order)(Calb, Michael) (Entered: 11/04/2024)

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71 Nov. 12, 2024

RESPONSE in Support re 67 MOTION for Leave to File Second Amended Complaint, 69 MOTION for Leave to File Excess Pages filed by Dennis Wayne Hope. (Attachments: # 1 Appendix Appendix of Authorities to Second Amended Complaint)(Carrington, Morris) (Entered: 11/12/2024)

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72 Nov. 13, 2024

UNOPPOSED MOTION for Leave to File Response to Plaintiff's Motion to Amend Complaint Out of Time by Joni White, Kelly Enloe, Melissa Benet, B. Fiveash, Todd Harris, Chad Rehse, Leonard Eschessa. (Attachments: # 1 Proposed Order)(Calb, Michael) (Entered: 11/13/2024)

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73 April 26, 2025

ORDER granting 72 defendants' Unopposed Motion for Leave to File Response to Plaintiff's Motion to Amend Complaint Out of Time. Signed by Magistrate Judge Zack Hawthorn on 4/26/25. (ljw) (Entered: 04/28/2025)

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74 June 18, 2025

REPORT AND RECOMMENDATIONS re 67 MOTION for Leave to File Second Amended Complaint & 69 MOTION for Leave to File Excess Pages. Objections due within 14 days of receipt. Signed by Magistrate Judge Zack Hawthorn on 6/18/25.(ljw) (Entered: 06/20/2025)

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75 July 3, 2025

Response to Non-Motion

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76 Sept. 17, 2025

ORDER overruling 75 Plaintiff's Objections and adopting 74 Report and Recommendations to deny 67 Motion for Leave to File Second Amended Complaint. Order denies as moot 69 Motion for Leave to File Excess Pages. Signed by District Judge Marcia A. Crone on 09/17/2025. (bmf)

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77 Oct. 17, 2025

Leave to File Document

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78 Oct. 17, 2025

Amended Complaint

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79 Dec. 5, 2025

Notice (Other)

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80 Jan. 23, 2026

Withdraw as Attorney

1 Proposed Order Granting Withdrawal

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2 Revised Proposed Order

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81 Feb. 4, 2026

Notice of Attorney Appearance

RECAP
82 March 18, 2026

Order on Motion to Withdraw as Attorney

RECAP
83 March 18, 2026

Order on Motion for Leave to File

RECAP

Case Details

State / Territory:

Texas

Case Type(s):

Prison Conditions

Jail Conditions

Key Dates

Filing Date: Feb. 16, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A prisoner in the Texas Department of Criminal Justice Institutional Division.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

MacArthur Justice Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

State of Texas

Defendant Type(s):

Corrections

Law-enforcement

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Procedural Due Process

Other Dockets:

Eastern District of Texas 9:18-cv-00027

U.S. Court of Appeals for the Fifth Circuit 20-40379

Supreme Court of the United States 21-1065

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Bathing and hygiene

Buildings

Conditions of confinement

Food service / nutrition / hydration

Neglect by staff

Retaliation

Sanitation / living conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Library (non-law) access

Placement in detention facilities

Solitary confinement/Supermax (conditions or process)

Strip search policy (facilities)

Medical/Mental Health Care:

Medical care, general

Mental health care, general

Recommended Citation