This was a class-action prisoner lawsuit filed under 42 U.S.C. § 1983 in the U.S. District Court for the Western District of Missouri. Plaintiffs were Missouri prisoners who were transferred from Missouri state-penal institutions to jails in Texas pursuant to the "Texas Cell Lease Program," a contract between the Missouri Department of Corrections [DOC] and several Texas counties and a city whereby the Texas entities agreed to house and supervise the Missouri prisoners in exchange for money. The Texas Cell Lease Program was operational in 1995 through 1997.

Plaintiffs alleged violations of their constitutional rights due to a wide range of conduct including beatings, dog attacks, rapes, and poor conditions of confinement.

The litigation began after the public release of a videotape of an incident that occurred on September 18, 1996, at the Brazoria County Jail, Texas. The video showed non-resistant prisoners being subjected to stun guns, tear gas, physical abuse, body cavity searches and an attack by a German Shepherd. See Kesler v. King, 29 F.Supp.2d 356 (S.D.Tex.1998) (describing the occurrence in the Brazoria County Jail). Correctional officers captured on the video were employees of Brazoria County and Capitol Corrections Resources, Inc. ("CCRI"), a private jail company. A federal criminal investigation ensured and was followed by a flood of over 700 inmate lawsuits in state and federal courts in Missouri and Texas.

Eventually, many of the cases were consolidated for purposes of discovery and pre-trial proceedings in the U.S. District Court for the Western District of Missouri. Judge Scott O. Wright initially presided over the cases, until they were transferred to Judge Nanette K. Laughrey. A large number of plaintiffs were represented by a group of private attorneys in Missouri.

Protracted discovery and litigation followed. Brazoria County moved to dismiss on jurisdictional grounds, but the motion was denied by the District Court (Judge Laughrey). In Re Texas Prison Litigation, 41 F.Supp.2d 960 (W.D.Mo. 1999). The DOC initially took a hard-line stance in the litigation, advising the parties and the Court that it intended to depose every prisoner in the case and that it would not pay any monies towards settlement. Despite the DOC position, the parties engaged in mediation and eventually a reached a tentative settlement.

On July 20, 1999, plaintiffs filed an amended complaint in one of the consolidated cases and subsequently filed a joint motion for conditional certification of a settlement class and a joint motion for approval of the settlement. The Class Complaint sought equitable relief, actual, compensatory, and punitive damages, as well as reasonable attorney fees and costs. The District Court conditionally certified the class to address all claims arising out of the Texas Cell Lease Program on July 29, 1999. A fairness hearing was held on December 3, 1999.

On January 14, 2000, the District Court approved the Settlement Agreement. The Agreement as modified by the Court called for the payment of $2.2 million by the defendants, with $800,000 being allocated to class counsel and $300,000 for expenses. The remainder was to be divided among three groups of class members according to the nature and severity of their claims. The Agreement contained injunctive relief in the form of limitations to when and under what conditions Missouri prisoners could be transferred out of state and a DOC provision for redressing conduct violations unfairly imposed while the class members were in Texas. The DOC was also enjoined from confiscating all of the monetary relief afforded to the inmates as reimbursement for costs of incarceration pursuant to the Missouri Reimbursement Incarceration Act, §§ 217.825, R.S.Mo. In Re Texas Prison Litigation, 191 F.R.D. 164 (W.D.Mo. 2000).