Case: Wilson v. State of Texas

1:21-cv-00943 | U.S. District Court for the Western District of Texas

Filed Date: Oct. 18, 2021

Closed Date: Feb. 8, 2022

Clearinghouse coding in progress

Case Summary

On October 18, 2021, an incarcerated Texas resident filed a federal lawsuit in the Western District of Texas against the state of Texas; Texas’s Governor, Greg Abbott; Lieutenant Governor and Presiding Officer Of the Texas Senate, Dan Patrick; Acting Texas Secretary of State, Jose Esparza; and the Speaker of the Texas House of Representatives, Dade Phelan. This suit challenged Texas’ new congressional redistricting plan, especially in regards to its treatment of incarcerated populations, as vio…

On October 18, 2021, an incarcerated Texas resident filed a federal lawsuit in the Western District of Texas against the state of Texas; Texas’s Governor, Greg Abbott; Lieutenant Governor and Presiding Officer Of the Texas Senate, Dan Patrick; Acting Texas Secretary of State, Jose Esparza; and the Speaker of the Texas House of Representatives, Dade Phelan. This suit challenged Texas’ new congressional redistricting plan, especially in regards to its treatment of incarcerated populations, as violating Section 2 of the Fourteenth Amendment to the U.S. Constitution; the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution; 28 U.S.C. Sections 2201, 2202, 2284; and 42 U.S.C. Sections 1983 and 1988. Plaintiff argued the state practice of treating incarcerated persons as residents of their correctional facility, rather than at their prior home addresses, and resulting congressional plan, violated his right to “equal representation.” Plaintiff sought class certification as well as a declaratory judgment that the plan was unconstitutional, an injunction barring its use in future elections, and any other relief he was entitled to.

On November 19, 2021, Judge Robert Pitman consolidated this case with several other pending challenges to Texas’s redistricting plans. The consolidated case, League of United Latin American Citizens v. Executive Office of the President, remains ongoing.

Summary Authors

Claire Pollard (7/14/2025)

Related Cases

League of United Latin American Citizens v. Abbott, Western District of Texas (2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60656158/parties/wilson-v-state-of-texas/


Judge(s)

Pitman, Robert Lee (Texas)

Attorney for Plaintiff

Gladden, Richard Scott (Texas)

Attorney for Defendant

Sweeten, Patrick K. (Texas)

Thompson, William Thomas (Texas)

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Documents in the Clearinghouse

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60656158/wilson-v-state-of-texas/

Last updated Aug. 17, 2025, 9:33 p.m.

ECF Number Description Date Link Date / Link

Case assigned to Judge Kathleen Cardone. 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. (mt)

Aug. 5, 2021

Aug. 5, 2021

PACER

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

Aug. 5, 2021

Aug. 5, 2021

PACER
13

MOTION to Appear Pro Hac Vice by Adriana Cecilia Pinon for Ming Cheung ( Filing fee $ 100 receipt number 0542-15087911) by on behalf of Angry Tias & Abuelas of the Rio Grande Valley, Annunciation House, FIEL Houston, Jennifer Harbury. (Pinon, Adriana) (Entered: 08/05/2021)

Aug. 5, 2021

Aug. 5, 2021

PACER
14

MOTION to Appear Pro Hac Vice by Adriana Cecilia Pinon for Noor Zafar ( Filing fee $ 100 receipt number 0542-15087929) by on behalf of Angry Tias & Abuelas of the Rio Grande Valley, Annunciation House, FIEL Houston, Jennifer Harbury. (Pinon, Adriana) (Entered: 08/05/2021)

Aug. 5, 2021

Aug. 5, 2021

PACER
15

MOTION to Appear Pro Hac Vice by Adriana Cecilia Pinon for Omar Jadwat ( Filing fee $ 100 receipt number 0542-15087933) by on behalf of Angry Tias & Abuelas of the Rio Grande Valley, Annunciation House, FIEL Houston, Jennifer Harbury. (Pinon, Adriana) (Entered: 08/05/2021)

Aug. 5, 2021

Aug. 5, 2021

PACER
16

ORDER GRANTING IN PART 6 Motion to Appear Pro Hac Vice ; GRANTING IN PART 8 Motion to Appear Pro Hac Vice ; GRANTING IN PART 9 Motion to Appear Pro Hac Vice ; GRANTING IN PART 11 Motion to Appear Pro Hac Vice ; GRANTING IN PART 15 Motion to Appear Pro Hac Vice. Attorneys Amdur, Huddleston, Segura, Wofsy, and Jadwat shall apply for admission to practice before the United States District Court for the Western District of Texas on or beforeSeptember 17, 2021. Signed by Judge Kathleen Cardone. (mc4) (Entered: 08/06/2021)

Aug. 6, 2021

Aug. 6, 2021

PACER

Text Order GRANTING 10 Motion to Appear Pro Hac Vice. IT IS ORDERED that attorney Bernardo Rafael Cruz may appear on behalf of all Plaintiffs. IT IS FURTHER ORDERED that if attorney Bernardo Rafael Crux has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Court Rule AT-l(f)(2). 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. Entered by Judge Kathleen Cardone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KC)

Aug. 6, 2021

Aug. 6, 2021

PACER

Text Order GRANTING 12 Motion to Appear Pro Hac Vice. IT IS ORDERED that attorney Katrina Eiland may appear on behalf of Annunciation House, et. al. IT IS FURTHER ORDERED that if attorney Katrina Eiland has not already done so, shall immediately tender the amount of $100.00, made payable to 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. entered by Judge Kathleen Cardone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KC)

Aug. 6, 2021

Aug. 6, 2021

PACER

Text Order GRANTING 13 Motion to Appear Pro Hac Vice. IT IS ORDERED that attorney Ming Cheung may appear on behalf of all Plaintiffs Annunciation. IT IS FURTHER ORDERED that if attorney Ming Cheung has not already done so, shall immediately tender the amount of $100.00, made payable to Clerk, U.S. District Court, in compliance with Local Rule AT-1(f)(2). 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. Entered by Judge Kathleen Cardone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KC)

Aug. 6, 2021

Aug. 6, 2021

PACER

Text Order GRANTING 14 Motion to Appear Pro Hac Vice. IT IS ORDERED that attorney Noor Zafar may appear on behalf of all Plaintiffs Annunciation. IT IS FURTHER ORDERED that if attorney Noor Zafar has not already done so, shall immediately tender the amount of $100.00, made payable to Clerk, U.S. District Court, in compliance with Local Rule AT-1(f)(2). 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. entered by Judge Kathleen Cardone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KC)

Aug. 6, 2021

Aug. 6, 2021

PACER
17

MOTION to Expedite Consideration of Plaintiffs Motion for Preliminary Injunction by Angry Tias & Abuelas of the Rio Grande Valley, Annunciation House, FIEL Houston, Jennifer Harbury. (Attachments: # 1 Proposed Order)(Pinon, Adriana) (Entered: 08/09/2021)

Aug. 9, 2021

Aug. 9, 2021

PACER
18

Copy of Text Order Granting for ECF# 10, 12, 13, 14 sent to Bernardo Rafael Cruz, Katrina Eiland, Ming Cheung, Noor Zafar via USPS (dc) (Entered: 08/09/2021)

Aug. 9, 2021

Aug. 9, 2021

PACER
19

SUMMONS Returned Executed by FIEL Houston, Annunciation House, Jennifer Harbury, Angry Tias & Abuelas of the Rio Grande Valley. Greg Abbott served on 8/10/2021, answer due 8/31/2021. (Pinon, Adriana) (Entered: 08/10/2021)

Aug. 10, 2021

Aug. 10, 2021

PACER
20

SUMMONS Returned Executed by FIEL Houston, Annunciation House, Jennifer Harbury, Angry Tias & Abuelas of the Rio Grande Valley. Steven McCraw served on 8/10/2021, answer due 8/31/2021. (Pinon, Adriana) (Entered: 08/10/2021)

Aug. 10, 2021

Aug. 10, 2021

PACER
21

STIPULATION Regarding Response Deadline by Angry Tias & Abuelas of the Rio Grande Valley, Annunciation House, FIEL Houston, Jennifer Harbury. (Pinon, Adriana) (Entered: 08/19/2021)

Aug. 19, 2021

Aug. 19, 2021

PACER
22

Memorandum in Opposition to Motion, filed by Greg Abbott, Steven McCraw, re 5 MOTION to Consolidate Cases filed by Plaintiff FIEL Houston, Plaintiff Annunciation House, Plaintiff Jennifer Harbury, Plaintiff Angry Tias & Abuelas of the Rio Grande Valley (Sweeten, Patrick) (Entered: 08/23/2021)

Aug. 23, 2021

Aug. 23, 2021

PACER
23

Memorandum in Opposition to Motion, filed by Greg Abbott, Steven McCraw, re 4 MOTION for Preliminary Injunction filed by Plaintiff FIEL Houston, Plaintiff Annunciation House, Plaintiff Jennifer Harbury, Plaintiff Angry Tias & Abuelas of the Rio Grande Valley (Attachments: # 1 Appendix in support of Response in Opposition to Plaintiffs' Motion for Preliminary Injunction)(Sweeten, Patrick) (Entered: 08/23/2021)

Aug. 23, 2021

Aug. 23, 2021

PACER
24

Unopposed MOTION for Leave to Exceed Page Limitation for Defendants' Response to Plaintiffs' Motion for Preliminary Injunction by Greg Abbott, Steven McCraw. (Attachments: # 1 Proposed Order)(Sweeten, Patrick) (Entered: 08/23/2021)

Aug. 23, 2021

Aug. 23, 2021

PACER

Text Order GRANTING 24 Motion for Leave to File Excess Pages. Entered by Judge Kathleen Cardone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KC)

Aug. 24, 2021

Aug. 24, 2021

PACER
25

REPLY to Response to Motion, filed by Angry Tias & Abuelas of the Rio Grande Valley, Annunciation House, FIEL Houston, Jennifer Harbury, re 4 MOTION for Preliminary Injunction filed by Plaintiff FIEL Houston, Plaintiff Annunciation House, Plaintiff Jennifer Harbury, Plaintiff Angry Tias & Abuelas of the Rio Grande Valley (Attachments: # 1 Pimentel Declaration, # 2 Samaniego Declaration, # 3 Cheung Declaration with Exhibits A-C)(Amdur, Spencer) (Entered: 08/25/2021)

Aug. 25, 2021

Aug. 25, 2021

PACER
26

Unopposed MOTION for Leave to Exceed Page Limitation for Plaintiffs' Reply in support of their Motion for Preliminary Injunction by Angry Tias & Abuelas of the Rio Grande Valley, Annunciation House, FIEL Houston, Jennifer Harbury. (Attachments: # 1 Proposed Order)(Amdur, Spencer) (Entered: 08/25/2021)

Aug. 25, 2021

Aug. 25, 2021

PACER
27

REPLY to Response to Motion, filed by Angry Tias & Abuelas of the Rio Grande Valley, Annunciation House, FIEL Houston, Jennifer Harbury, re 5 MOTION to Consolidate Cases filed by Plaintiff FIEL Houston, Plaintiff Annunciation House, Plaintiff Jennifer Harbury, Plaintiff Angry Tias & Abuelas of the Rio Grande Valley (Amdur, Spencer) (Entered: 08/25/2021)

Aug. 25, 2021

Aug. 25, 2021

PACER

Text Order GRANTING 26 Motion for Leave to File Excess Pages entered by Judge Kathleen Cardone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KC)

Aug. 26, 2021

Aug. 26, 2021

PACER
28

ORDER GRANTING 5 Motion to Consolidate Cases. Accordingly, it is hereby ORDERED that cause numbers EP-21-CV-173-KC and EP-21-CV-178-KC be CONSOLIDATED into cause number EP-21-CV-173-KC, for discovery and other pretrial purposes. IT IS ORDERED that all future filings be FILED in cause number EP-21-CV-173-KC (Consolidated Action). Signed by Judge Kathleen Cardone. (dc) (Entered: 08/26/2021)

Aug. 26, 2021

Aug. 26, 2021

PACER
1

COMPLAINT, Plaintiff's First Original ( Filing fee $ 402 receipt number 0542-15346532), filed by Damon James Wilson.(Gladden, Richard) (Entered: 10/18/2021)

Oct. 18, 2021

Oct. 18, 2021

Clearinghouse
2

REQUEST FOR ISSUANCE OF SUMMONS by Damon James Wilson. (Gladden, Richard) (Entered: 10/18/2021)

Oct. 18, 2021

Oct. 18, 2021

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. (dl)

Oct. 18, 2021

Oct. 18, 2021

PACER

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

Oct. 18, 2021

Oct. 18, 2021

PACER
3

JS44 (Civil Cover Sheet) submitted by Damon James Wilson. (Gladden, Richard) (Entered: 10/19/2021)

Oct. 19, 2021

Oct. 19, 2021

PACER
4

Summons Issued as to Greg Abbott, Jose A. Esparza, Dan Patrick, Dade Phelan, State of Texas. (dl) (Entered: 10/20/2021)

Oct. 20, 2021

Oct. 20, 2021

PACER

Case Assigned/Reassigned

Oct. 20, 2021

Oct. 20, 2021

PACER

To be Referred to AU Mag Judge

Oct. 20, 2021

Oct. 20, 2021

PACER
5

MOTION to Certify Class by Damon James Wilson. (Attachments: # 1 Proposed Order On Plaintiff's Motion for Certification of Class Action)(Gladden, Richard) (Entered: 11/08/2021)

Nov. 8, 2021

Nov. 8, 2021

PACER
6

ORDER CONSTITUTING THREE-JUDGE COURT: Judge Jerry E. Smith, Circuit Judge, Court of Appeals for the Fifth Circuit; Judge Robert Pitman, U.S. District Court Judge; and Judge Jeffrey V. Brown, U.S. District Court Judge for the Southern District of Texas. Signed by Priscilla R. Owen, Chief Judge, United States Court of Appeals for the Fifth Circuit (jv2) (Entered: 11/09/2021)

Nov. 8, 2021

Nov. 8, 2021

PACER
7

Unopposed MOTION to Set Responsive Deadline for all Named Defendants by Greg Abbott, Jose A. Esparza, Dan Patrick, Dade Phelan, State of Texas. (Attachments: # 1 Proposed Order)(Sweeten, Patrick) (Entered: 11/15/2021)

Nov. 15, 2021

Nov. 15, 2021

PACER
8

NOTICE of Attorney Appearance by Patrick K. Sweeten on behalf of Greg Abbott, Jose A. Esparza, Dan Patrick, Dade Phelan, State of Texas. Attorney Patrick K. Sweeten added to party Greg Abbott(pty:dft), Attorney Patrick K. Sweeten added to party Jose A. Esparza(pty:dft), Attorney Patrick K. Sweeten added to party Dan Patrick(pty:dft), Attorney Patrick K. Sweeten added to party Dade Phelan(pty:dft), Attorney Patrick K. Sweeten added to party State of Texas(pty:dft) (Sweeten, Patrick) (Entered: 11/15/2021)

Nov. 15, 2021

Nov. 15, 2021

PACER
9

NOTICE of Attorney Appearance by William Thomas Thompson on behalf of Greg Abbott, Jose A. Esparza, Dan Patrick, Dade Phelan, State of Texas. Attorney William Thomas Thompson added to party Greg Abbott(pty:dft), Attorney William Thomas Thompson added to party Jose A. Esparza(pty:dft), Attorney William Thomas Thompson added to party Dan Patrick(pty:dft), Attorney William Thomas Thompson added to party Dade Phelan(pty:dft), Attorney William Thomas Thompson added to party State of Texas(pty:dft) (Thompson, William) (Entered: 11/15/2021)

Nov. 15, 2021

Nov. 15, 2021

PACER

Text Order GRANTING 7 Unopposed Motion entered by Judge Robert Pitman. Pursuant to the parties' agreement, IT IS ORDERED that all five Defendants shall answer or otherwise respond to the complaint on or before November 29, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh)

Nov. 15, 2021

Nov. 15, 2021

PACER

Reset Deadlines: All Defendants' answer due 11/29/21. (jv2)

Nov. 15, 2021

Nov. 15, 2021

PACER

Order on Motion for Miscellaneous Relief

Nov. 15, 2021

Nov. 15, 2021

PACER

Set/Reset Answer Deadline

Nov. 15, 2021

Nov. 15, 2021

PACER
10

Unopposed MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Certify Class by Greg Abbott, Jose A. Esparza, Dan Patrick, Dade Phelan, State of Texas. (Attachments: # 1 Proposed Order)(Sweeten, Patrick) (Entered: 11/18/2021)

Nov. 18, 2021

Nov. 18, 2021

PACER

Text Order GRANTING 10 Unopposed Motion for Extension of Time to File Response/Reply entered by Judge Robert Pitman. IT IS ORDERED that Defendants shall respond to Plaintiffs Motion for Certification of Class Action on or before December 3, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh)

Nov. 19, 2021

Nov. 19, 2021

PACER
11

ORDER CONSOLIDATING CASES. Signed by Judge David C Guaderrama. (dm) (Entered: 11/19/2021)

Nov. 19, 2021

Nov. 19, 2021

RECAP

CASE HAS BEEN CONSOLIDATED. All future pleadings should be filed in EP-21-CV-00259-DCG-JES-JVB. Please do not file any further pleadings in this case. (dm)

Nov. 19, 2021

Nov. 19, 2021

PACER

Order on Motion for Extension of Time to File Response/Reply

Nov. 19, 2021

Nov. 19, 2021

PACER

Remark (No Doc#)

Nov. 19, 2021

Nov. 19, 2021

PACER
12

FINAL JUDGMENT. Signed by Judge David C Guaderrama. (cc3) (Entered: 02/09/2022)

Feb. 8, 2022

Feb. 8, 2022

PACER

Case Details

State / Territory: Texas

Case Type(s):

Election/Voting Rights

Criminal Justice (Other)

Key Dates

Filing Date: Oct. 18, 2021

Closing Date: Feb. 8, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A private citizen in Texas, residing in Dallas County, TX.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Texas, State

Greg Abbott, State

Dade Phelan, Tribe

Dan Patrick, State

Jose Esparza, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Voting:

Redistricting/district composition

Vote dilution