Case: BRG of Dickens County v. U.S.

5:98-cv-00169 | U.S. District Court for the Northern District of Texas

Filed Date: June 24, 1998

Closed Date: 1998

Clearinghouse coding complete

Case Summary

On August 15, 1997, the Department of Justice [DOJ] notified Dickens County, Texas, that it was initiating an investigation of certain conditions of confinement at the Dickens County Correctional Center ("DCCC") in Spur, Texas, pursuant to the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997 et seq. At the time of the DOJ investigation, the DCCC was operated by a private jail company, BRG of Dickens County, Inc. and its subsidiaries [BRG].Following the conclusion of it…

On August 15, 1997, the Department of Justice [DOJ] notified Dickens County, Texas, that it was initiating an investigation of certain conditions of confinement at the Dickens County Correctional Center ("DCCC") in Spur, Texas, pursuant to the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997 et seq. At the time of the DOJ investigation, the DCCC was operated by a private jail company, BRG of Dickens County, Inc. and its subsidiaries [BRG].

Following the conclusion of its investigation, the DOJ was ready to issue its findings letter. In an attempt to stop the DOJ, BRG obtained a TRO in Texas state court on June 18, 1998, enjoining the DOJ from issuing the findings letter. The DOJ removed the matter to the U.S. District Court for the Northern District of Texas.

On June 29, 1998, the District Court (Judge Sam R. Cummings) granted BRG leave to file an amended complaint. The First Amended Complaint, filed on July 1, 1998, alleged that the DOJ violated the provisions of CRIPA and violated a confidentiality agreement between the DOJ and BRG. The DOJ moved to dismiss.

On July 17, 1998, the District Court dismissed the case and dissolved the state court's TRO. In the dismissal order, Judge Cummings noted that BRG was essentially attempting to challenge the DOJ's certification process which was not subject to judicial review.

The PACER docket does not reflect that BRG filed a notice of appeal in the case and there was no further activity noted after the dismissal.

Summary Authors

Dan Dalton (2/25/2007)

People


Judge(s)

Cummings, Samuel Ray (Texas)

Attorneys(s) for Plaintiff

Johnson, D. Thomas (Texas)

Attorneys(s) for Defendant

Frost, E. Scott (Texas)

Masling, Mark S. (District of Columbia)

Nelson, Mellie H. (District of Columbia)

Payne, Timothy R. (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Other Attorney(s)

Active

Judge(s)

Cummings, Samuel Ray (Texas)

Attorneys(s) for Plaintiff

Johnson, D. Thomas (Texas)

Attorneys(s) for Defendant

Frost, E. Scott (Texas)

Masling, Mark S. (District of Columbia)

Nelson, Mellie H. (District of Columbia)

Payne, Timothy R. (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Other Attorney(s)

Sessions, William Lewis (Texas)

Documents in the Clearinghouse

Document

Docket [PACER]

BRG of Dickens County v. Reno

July 17, 1998 Docket
15

Judgment / Order [of Dismissal]

July 17, 1998 Order/Opinion

Resources

Title Description External URL

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

NOTICE OF REMOVAL OF STATE COURT ACTION AGAINST THE UNITED STATES DEPARTMENT OF JUSTICE TO THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS; (State Court papers attached) (fgf) (Entered: 06/25/1998)

June 24, 1998
2

SCHEDULING ORDER setting Joining of Parties on 3:00 9/15/98 ; Amending of Pleadings on 3:00 9/15/98 ; Discovery cutoff 3:00 4/15/99 ; Deadline for filing of dispositive motions 3:00 12/15/98 including motions for summary judgment ; unless otherwise identified pursuant to written discovery, experts must be disclosed by 3:00 pm on 12/15/98; ( signed by SRC) Copies to counsel: 6/26/98 Page(s): 2 (fgf) (Entered: 06/26/1998)

June 26, 1998
3

MOTION by defendant Janet Reno to dismiss and to declare a nullity an illegal TRO (klj) (Entered: 06/29/1998)

June 29, 1998
4

MEMORANDUM by defendant Janet Reno in support of [3-1] motion to dismiss and to declare a nullity an illegal TRO (klj) (Entered: 06/29/1998)

June 29, 1998
5

Minute order: Hearing on argument on Motion to be Held before Judge Sam R. Cummings continued until 10:00 7/7/98. Court Reporter: Shawn McRoberts (dad) (Entered: 06/30/1998)

June 29, 1998

Tele-conference held (fgf) (Entered: 07/02/1998)

July 1, 1998
6

ORDER by teleconference held 7/1/98, the Court established the following deadlines; hrg on pla's request for a preliminary injunction is postponed until further order of the court; pla will have until 3:00 p.m. on 7/7/98 to file resonse to def's motion to dismiss; def will have until 3:00 p.m. 7/8/98 to file responsive pleadings to any of the amended pleadings that pla shall file by 4:00 p.m. on 7/1/98; parties agreed to postpone resolution of any discovery issues until after the Court has made a ruling on defendant's motion to dismiss; ( signed by SRC) Copies to counsel: 7/2/98 Page(s) 1 (fgf) (Entered: 07/02/1998)

July 2, 1998
7

AMENDED COMPLAINT by plaintiff BRG of Dickens , (Answer due 9/2/98 for Janet Reno ) amending (fgf) (Entered: 07/02/1998)

July 2, 1998
7

DEMAND for jury trial by plaintiff BRG of Dickens (fgf) (Entered: 07/02/1998)

July 2, 1998
8

RESPONSE by plaintiff BRG of Dickens to [3-1] motion to dismiss and to declare a nullity an illegal TRO (dad) (Entered: 07/08/1998)

July 7, 1998
9

STIPULATION MOTION by plaintiff BRG of Dickens, defendant Janet Reno to extend time for plaintiff to reply to defendants' memorandum which will be served and filed on 7/8/98 to 7/14/98 at 11:00 CST (fgf) (Entered: 07/08/1998)

July 8, 1998
10

UNITED STATES DEPARTMENT OF JUSTICE'S MOTION to dismiss plaintiff's first amended complaint (fgf) (Entered: 07/08/1998)

July 8, 1998
11

MEMORANDUM by defendant Janet Reno in support of [10-1] motion to dismiss plaintiff's first amended complaint (fgf) (Entered: 07/08/1998)

July 8, 1998
12

ORDER granting [9-1] motion to extend time for plaintiff to reply to defendants' memorandum which will be served and filed on 7/8/98 to 7/14/98 at 11:00 CST ( signed by SRC) Copies to counsel: 7/9/98 Page(s) 1 (fgf) (Entered: 07/09/1998)

July 9, 1998
13

RESPONSE by plaintiff BRG of Dickens to [10-1] motion to dismiss plaintiff's first amended complaint (dad) (Entered: 07/14/1998)

July 14, 1998
14

ORDER granting [10-1] motion to dismiss plaintiff's first amended complaint, mooting [3-1] motion to dismiss and to declare a nullity an illegal TRO ( signed by SRC) Copies to counsel: 7/17/98 Page(s) 6 (dad) (Entered: 07/17/1998)

July 17, 1998
15

JUDGMENT ( signed by SRC) Copies to counsel: 7/17/98 Page(s): 1 (dad) (Entered: 07/17/1998)

July 17, 1998

Case closed (dad) (Entered: 07/17/1998)

July 17, 1998

State / Territory: Texas

Case Type(s):

Prison Conditions

Key Dates

Filing Date: June 24, 1998

Closing Date: 1998

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A private, for-profit corporation operating the Dickens County Correctional Center

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Dickens County (Dickens), County

BRG of Dickens County, Private Entity/Person

Case Details

Causes of Action:

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Litigation