Case: Purvis v. Johnson

2:01-cv-00238 | U.S. District Court for the Northern District of Texas

Filed Date: June 22, 2001

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On June 22, 2001, an inmate housed in the Institutional Division of the Texas Department of Criminal Justice filed a pro se lawsuit under 42 U.S.C. § 1983 against the Texas Department of Criminal Justice in the U.S. District Court for the Northern District of Texas. The plaintiff alleged that the defendants had violated his constitutional rights by their failure to protect him from a threatening cellmate, their obstruction of a post-assault investigation, and their failure to conduct sufficien…

On June 22, 2001, an inmate housed in the Institutional Division of the Texas Department of Criminal Justice filed a pro se lawsuit under 42 U.S.C. § 1983 against the Texas Department of Criminal Justice in the U.S. District Court for the Northern District of Texas. The plaintiff alleged that the defendants had violated his constitutional rights by their failure to protect him from a threatening cellmate, their obstruction of a post-assault investigation, and their failure to conduct sufficient post-assault interviews in accord with a previously ordered consent decree.

On February 25, 2003, the U.S. District Court for the Northern District of Texas (Judge Mary Lou Robinson) dismissed the plaintiff's complaint for failure to state a claim on which relief could be granted. Purvis v. Johnson, No. 2:01-CV-0238, 2003 WL 22053947 (N.D.Tex. Feb. 25, 2003). The plaintiff appealed.

On October 21, 2003, the U.S. Court of Appeals for the Fifth Circuit (Judge Edith Hollan Jones, Judge Fortunato Pedro Benavides, and Judge Edith Brown Clement) partially affirmed and partially vacated the district court's decision. The court held that: 1) the plaintiff sufficiently alleged that the prison officials were aware of the facts from which the inference could be drawn that the inmate faced a substantial risk of serious harm, as required to state an Eighth Amendment claim for failure to protect him from violence at the hands of other prisoners; 2) that the plaintiff's allegation that the prison officer obstructed the investigation into the assault was insufficient to state a claim for violation of the plaintiff's rights; and 3) that the remedial consent decree at issue could not serve as a substantive basis for a claim of damages under 42 U.S.C. § 1983. The Fifth Circuit remanded the case back to the district court for proceedings consistent with these findings. Purvis v. Johnson, No. 03-10299, 78 Fed.Appx. 377 (5th Cir. Oct. 21, 2003).

On April 1, 2004, the district court (Judge Robinson) found that the plaintiff was not entitled to any monetary damages and dismissed the case as to the defendants in their official capacities. The court ruled that the claims against the defendants in their individual capacities survived this dismissal. Purvis v. Domingues, No. 2:01-CV-0238, 2004 WL 719243 (N.D.Tex. April 1, 2004).

On April 20, 2004, after the jury had been seated and sworn in for trial, and after the witnesses had testified and been excused, the plaintiff asked the court to dismiss the case. The court granted that request.

Summary Authors

Kristen Sagar (9/4/2006)

People


Judge(s)

Averitte, Clinton E. (Texas)

Benavides, Fortunato Pedro (Texas)

Clement, Edith Brown (Louisiana)

Jones, Edith Hollan (Texas)

Robinson, Mary Lou (Texas)

Attorneys(s) for Defendant

Cunniff, Celamine (Texas)

Judge(s)

Averitte, Clinton E. (Texas)

Benavides, Fortunato Pedro (Texas)

Clement, Edith Brown (Louisiana)

Jones, Edith Hollan (Texas)

Robinson, Mary Lou (Texas)

Attorneys(s) for Defendant

Cunniff, Celamine (Texas)

Documents in the Clearinghouse

Document

Docket (PACER)

Sept. 15, 2005 Docket
25

Order of Dismissal

2003 WL 22053947

Feb. 25, 2003 Order/Opinion

Opinion

U. S. Court of Appeals for the Fifth Circuit

78 Fed.Appx. 377, 2003 U.S.App.LEXIS 21355

Oct. 21, 2003 Order/Opinion
67

Order Granting Defendants' Partial Motions to Dismiss for Failure to State a Claim and Order of Partial Dismissal

Purvis v. Domingues

2004 WL 719243

April 1, 2004 Order/Opinion

Docket

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

ECF Number Description Date Link

CASE REFERRED to Magistrate Judge Clinton E. Averitte (djs) (Entered: 06/25/2001)

June 22, 2001
1

Prisoner Civil Rights COMPLAINT filed; Date Received: 6/22/01 (24) (djs) (Entered: 06/25/2001)

June 22, 2001
2

MOTION by plaintiff John Craig Purvis to proceed in forma pauperis (5) (djs) (Entered: 06/25/2001)

June 22, 2001
3

BRIEFING ORDER - Pltf shall have 20 days, or until 11/18/01 to complete the enclosed questionnaire and return to the Clerk of the Court for filing. (Signed by Magistrate Judge Clinton E. Averitte ) Copies to counsel: 10/29/01 Page(s) 6 (jeh) (Entered: 10/29/2001)

Oct. 29, 2001
4

FILING FEE ORDER Initial Partial Filing Fee of $1.59 due , and for Collection and Payment of Full Filing Fee: Plaintiff shall pay the balance of full filing fee in monthly installments as mandated by the PLRA. granting [2-1] motion to proceed in forma pauperis ( Signed by Magistrate Judge Clinton E. Averitte Copies to counsel: 10/29/01 Page(s) 3 (jeh) (Entered: 10/29/2001)

Oct. 29, 2001
5

"QUESTIONNIARE" ANSWER to Interrogatories filed by plaintiff John Craig Purvis (5) (jeh) (Entered: 11/08/2001)

Nov. 8, 2001
6

U N F I L E D (per Order 12/11/01) MOTION by plaintiff John Craig Purvis to amend [1-1] Prisoner complaint (3) (NOD) (jeh) Modified on 12/11/2001 (Entered: 12/11/2001)

Dec. 10, 2001
7

ORDER unfiling [6-1] motion to amend [1-1] Prisoner complaint by plaintiff John Craig Purvis due to the following deficiency: Motion for leave to amend must be accompanied by a copy of the proposed amended pleading attached as an exhibit and an original and second copy of the proposed pleading that is neither attached to the motion nor made an exhibit to the motion. See LR 15.1. Copies to counsel: 12/11/01 (signed by Judge Clinton E Averitte ) Page(s) 1 (jeh) (Entered: 12/11/2001)

Dec. 11, 2001
8

MOTION by plaintiff John Craig Purvis to receive a copy of all files held by TDCJ, I.D. on plaintiff, medical files, criminal files and disciplinary files (2) (jeh) (Entered: 12/28/2001)

Dec. 28, 2001
9

U N F I L E D PER ORDER DATED 1/30/02 MOTION by plaintiff John Craig Purvis to amend [1-1] Prisoner complaint (20) (NOD) (jeh) Modified on 01/30/2002 (Entered: 12/28/2001)

Dec. 28, 2001
10

MOTION by plaintiff John Craig Purvis to Expand on Case Law (8) (jeh) (Entered: 01/18/2002)

Jan. 18, 2002
11

ORDER unfiling [9-1] motion to amend [1-1] Prisoner complaint by John Craig Purvis due to the following deficiency: Failure to comply with LR 15.1 requiring a copy of the proposed amended complaint. Pltf must also submit a copy of each motion and proposed pleading as well. Pltf's pleading is also deficient because it is incomplete. Throughout his motion, pltf refers to various "exhibits" which are not attached to his pleading. Clerk is directed to unfile and return pleading to Pltf. Copies to counsel: 1/30/02 (signed by Judge Clinton E Averitte ) Page(s) 1 (plh) (Entered: 01/30/2002)

Jan. 30, 2002
12

MOTION by plaintiff John Craig Purvis to amend [1-1] Prisoner complaint, Expand in Above Cause (33) (jeh) (Entered: 02/14/2002)

Feb. 14, 2002
14

ORDER denying [8-1] motion to receive a copy of all files held by TDCJ, I.D. on plaintiff, medical files, criminal files and disciplinary files ( Signed by Magistrate Judge Clinton E. Averitte ) Copies to counsel: 9/4/02 Page(s) 2 (plh) (Entered: 09/04/2002)

Sept. 4, 2002
15

ORDER denying [10-1] motion to Expand on Case Law ( Signed by Magistrate Judge Clinton E. Averitte ) Copies to counsel: 9/4/02 Page(s) 1 (plh) (Entered: 09/04/2002)

Sept. 4, 2002
16

BRIEFING ORDER - Pltf shall have 20 days or until 9/24/02 within which to complete the enclosed questionnaire and return it to the Clerk for filing. ( Signed by Magistrate Judge Clinton E. Averitte ) Copies to counsel: 9/4/02 Page(s) 9 (plh) (Entered: 09/04/2002)

Sept. 4, 2002
17

ORDER granting [12-1] motion to amend [1-1] Prisoner complaint, Expand in Above Cause. Clerk shall file pltf's proposed amended complaint in this cause and shall provide a stamped copy to the Court. Clerk shall also amend the docket to reflect the dfts pltf add by his amended complaint as follows: Douglas Lockhart, Dennis Markgraf, John Solis, Israel Reyna and Larry Goucher. ( Signed by Magistrate Judge Clinton E. Averitte ) Copies to counsel: 9/4/02 Page(s) 2 (plh) (Entered: 09/04/2002)

Sept. 4, 2002
18

AMENDED COMPLAINT by John Craig Purvis , amending [1-1] Prisoner complaint against Douglas Lockhart, Dennis Markgraf, John Solis, Israel L Reyna, Larry Goucher (24) (plh) (Entered: 09/04/2002)

Sept. 4, 2002
19

(QUESTIONNAIRE) MAGISTRATE JUDGE'S INTERROGATORIES propounded as to John Craig Purvis (21) (plh) (Entered: 09/23/2002)

Sept. 23, 2002

NOTICE of ADDRESS CHANGE by John Craig Purvis New address is: Stevenson Unit, 1525 FM 766, Cuero, TX 77954 - Sent change of address to RJ in Dallas (plh) (Entered: 11/18/2002)

Nov. 18, 2002
20

MOTION by John Craig Purvis for defendant to be served (1) (plh) (Entered: 01/21/2003)

Jan. 21, 2003
21

ORDER mooting [13-1] motion for judgment on the pleadings, and no further ruling will issue. ( Signed by Magistrate Judge Clinton E. Averitte ) Copies to counsel: 1/24/03 Page(s) 1 (plh) (Entered: 01/24/2003)

Jan. 24, 2003
22

REPORT AND RECOMMENDATION - Recommended by Mag Judge to Dist Judge that pursuant to Title 28 USC, sections 1915A and 1915(e) (2) as well as Title 42, USC, Section 1997e(c)(1) that the civil rights complaint filed by pltf be dismissed with prejudice for failure to state a claim on which relief can be granted. Signed by Magistrate Judge Clinton E. Averitte . copies to cnsl: 1/24/03 Objections to R and R due within 14 days from the date of this Order. (11) (Bus Reply Card) (plh) (Entered: 01/24/2003)

Jan. 24, 2003
24

OBJECTION to 22 Judges Report and Recommendations by John Craig Purvis. (plh, ) (Entered: 02/18/2003)

Feb. 14, 2003
25

ORDER DISMISSING CASE - Ordered that pursuant to Title 28, USC, Sections 1915A and 1915(e)(2), as well at Title 42, USC Section 1997e (c)(1), the civil rights complaint filed by pltf is dismissed for failure to state a claim on which relief can be granted. (Signed by Judge Mary Lou Robinson on February 25, 2003) (plh, ) (Entered: 03/05/2003)

Feb. 25, 2003
26

JUDGMENT Ordered and Decreed that the civil rights complaint filed by pltf is dismissed for failure to state a claim on which relief can be granted. (Signed by Judge Mary Lou Robinson on February 25, 2003) (plh, ) (Entered: 03/05/2003)

Feb. 25, 2003

NOTICE of Change of Address by John Craig Purvis. New address is: Venus CCA, 1100 Highway 1807, Venus, TX 76084 (plh, ) (Entered: 03/03/2003)

March 3, 2003
27

NOTICE OF APPEAL as to 26 Judgment by John Craig Purvis. Appeal Record due by 4/7/2003. (1)(plh, ) (Entered: 03/24/2003)

March 21, 2003
28

MOTION (Application) for Leave to Proceed in forma pauperis by John Craig Purvis (2) (plh, ) (Entered: 03/24/2003)

March 21, 2003
29

Certificate of Trust Account (In Forma Pauperis Data Sheet) by John Craig Purvis TDCJ # 1002829. (1) (plh, ) (Entered: 03/24/2003)

March 21, 2003

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 27 Notice of Appeal (plh, ) (Entered: 03/24/2003)

March 21, 2003
30

ORDER for Collection and Payment of Full Filing Fee. John Craig Purvis shall pay the entire filing fee in full in monthly installments as mandated by the PLRA., Order For Partial Filing Fee in amount of $0.00 is assessed. (Signed by Judge Clinton E Averitte on March 25, 2003) (plh, ) (Entered: 03/25/2003)

March 25, 2003

USCA Case Number 03-10299 for 27 Notice of Appeal filed by John Craig Purvis. (plh, ) (Entered: 03/31/2003)

March 31, 2003

Certified and Transmitted Record on Appeal to US Court of Appeals re 27 Notice of Appeal (1 Vol Record) (plh, ) (Entered: 04/01/2003)

April 1, 2003

NOTICE of Change of Address by John Craig Purvis. New address is: Leblanc Unit, 3695 FM 3514, Beaumont, TX 77705 - Sent change of address to RJ in Dallas (plh, ) (Entered: 04/11/2003)

April 11, 2003
31

ORDER of USCA as to 27 Notice of Appeal filed by John Craig Purvis - APPEAL DISMISSED - Under 5th Cir.R. 42.3, the appeal is dismissed as of 6/27/03 for want of prosecution. The appellant failed to timely file brief. (plh, ) (Entered: 06/30/2003)

June 30, 2003
32

ORDER TO ANSWER - Dfts Domingues, Brown, Whitaker, Lockhart, Markgraf, Solis, Reyna and Goucher shall file a responsive pleading. A copy of this Order, ptlf's 9/4/02, amended complaint and his 9/23/02, response to the Court's Briefing Order Questionnaire shall be mailed by Certified Mail to Docketing, Law Enforcement Defense Division. Dfts shall file written answer or other responsive pleading within 30 days from the date of receipt of this Order. (CM 7002 2410 0005 0689 5371) (Signed by Judge Clinton E Averitte on 11/5/03) (plh, ) (Entered: 11/05/2003)

Nov. 5, 2003
33

Certified Mail Executed on 11/10/03 by serving Docketing, Law Enforcement Defense Division re: 32 Order (plh, ) (Entered: 11/12/2003)

Nov. 12, 2003
34

Opinion of USCA (certified copy) in accordance with USCA judgment re 27 Notice of Appeal filed by John Craig Purvis. The district court's dismissal of the failure to protect claim is VACATED, and the claim is REMANDED for further consideration. The district court's dismissal of the claim against Gambrell for obstruction of an investigation, the claim against Domingues for not conducting a post-assault interview, and the claim against Johnson for failure to supervise is AFFIRMED. (plh, ) (Entered: 11/17/2003)

Nov. 17, 2003
35

JUDGMENT/MANDATE of USCA as to 27 Notice of Appeal filed by John Craig Purvis. Issued as Mandate: November 13, 2003. It is ordered and adjudged that the judgment of the District Court is AFFIRMED. (plh, ) (Entered: 11/17/2003)

Nov. 17, 2003

Appeal Record Returned: 27 Notice of Appeal (1 Vol. Record) (plh, ) (Entered: 11/17/2003)

Nov. 17, 2003

***Case Reopened per staff atty DY (plh, ) (Entered: 12/16/2003)

Nov. 17, 2003
36

ORIGINAL ANSWER AND JURY DEMAND to Prisoner Civil Rights Complaint, ANSWER to Amended Complaint by Benny Brown, Larry Goucher, Douglas Lockhart, Dennis Markgraf, Israel L Reyna, John Solis, Daniel Whitaker.(plh, ) (Entered: 12/11/2003)

Dec. 11, 2003

DEMAND for Trial by Jury by Benny Brown, Larry Goucher, Douglas Lockhart, Dennis Markgraf, Israel L Reyna, John Solis, Daniel Whitaker. (contained in original answer) (plh, ) (Entered: 12/11/2003)

Dec. 11, 2003
37

MOTION to Dismiss for Failure to State a Claim by Benny Brown, Larry Goucher, Douglas Lockhart, Dennis Markgraf, Israel L Reyna, John Solis, Daniel Whitaker (4) (plh, ) (Entered: 12/11/2003)

Dec. 11, 2003
38

SCHEDULING ORDER - Case is to be ready for trial by 4/29/04. All motions for summary judgment must be filed with supporting briefs on or before 2/20/04. (Signed by Judge Clinton E Averitte on 12/12/03) (plh, ) (Entered: 12/12/2003)

Dec. 12, 2003
39

MOTION to inform the Court as to the exact capacity to which the Dfts are being sued by John Craig Purvis (plh, ) (Entered: 01/08/2004)

Jan. 8, 2004
40

RESPONSE in Opposition (Objection to Dft's Claim for Qualified Immunity) filed by John Craig Purvis. (plh, ) (Entered: 01/08/2004)

Jan. 8, 2004
42

MOTION to Compel the Court to Order Defendants to Reissue Certain Documents that Were Sent in Defendant's Disclosure by John Craig Purvis (14) (attachments not imaged) (plh, ) (Entered: 01/29/2004)

Jan. 29, 2004
43

MOTION to Appoint Counsel by John Craig Purvis (plh, ) (Entered: 01/29/2004)

Jan. 29, 2004
44

MOTION to Extend Time to File Discovery by John Craig Purvis (2) (plh, ) (Entered: 01/29/2004)

Jan. 29, 2004
45

MOTION to Dismiss for Failure to Exhaust Administrative Remedies by Benny Brown, Joseph Domingues, Larry Goucher, Douglas Lockhart, Dennis Markgraf, Israel L Reyna, John Solis, Daniel Whitaker (4) (plh, ) (Entered: 02/20/2004)

Feb. 20, 2004
46

Brief in Support re 45 MOTION to Dismiss for Failure to Exhaust Administrative Remedies filed by Benny Brown, Joseph Domingues, Larry Goucher, Douglas Lockhart, Dennis Markgraf, Israel L Reyna, John Solis, Daniel Whitaker. (13) (Attachments not imaged) (plh, ) (Entered: 02/20/2004)

Feb. 20, 2004
47

RESPONSE in OPPOSITION to Motion re 43 MOTION to Appoint Counsel filed by Benny Brown, Larry Goucher, Douglas Lockhart, Dennis Markgraf, Israel L Reyna, John Solis, Daniel Whitaker. (4) (plh, ) (Entered: 02/20/2004)

Feb. 20, 2004
48

RESPONSE to Motion re 42 MOTION to Compel Dfts to Reissue Certain Documents Sent in Disclosure filed by Benny Brown, Larry Goucher, Douglas Lockhart, Dennis Markgraf, Israel L Reyna, John Solis, Daniel Whitaker. (3) (plh, ) (Entered: 02/20/2004)

Feb. 20, 2004
49

RESPONSE IN OPPOSITION to Motion re 44 MOTION to Extend Time to file Discovery filed by Benny Brown, Larry Goucher, Douglas Lockhart, Dennis Markgraf, Israel L Reyna, John Solis, Daniel Whitaker. (5) (plh, ) (Entered: 02/20/2004)

Feb. 20, 2004
50

MOTION for leave to file an out of time answer by Joseph Domingues (3) (plh, ) (Entered: 02/23/2004)

Feb. 23, 2004
51

PARTIAL MOTION to Dismiss for Failure to State a Claim by Joseph Domingues (4) (plh, ) (Entered: 02/23/2004)

Feb. 23, 2004
52

ORDER denying 44 Motion to Extend Time to file discovery. (Signed by Judge Clinton E Averitte on 2/24/04) (plh, ) (Entered: 02/24/2004)

Feb. 24, 2004
53

ORDER denying as moot 42 Motion to Compel without prejudice. On 2/20/04, dfts filed their resposne stating that they have requested more legible copies from the TDCJ-Correctional Institutions Division and will make such copies available to pltf as soon as they are received. For the reasons set forth above, pltf's motion is denied as moot, without prejduice to being reasserted should dfts fail to provide more legible copies to pltf within a reasonable period of time. (Signed by Judge Clinton E Averitte on 2/24/04) (plh, ) (Entered: 02/24/2004)

Feb. 24, 2004
54

ORDER denying 43 Motion to Appoint Counsel (Signed by Judge Clinton E Averitte on 2/24/04) (plh, ) (Entered: 02/24/2004)

Feb. 24, 2004
55

ORDER granting 50 Motion for leave to file an answer out of time (Signed by Judge Clinton E Averitte on 2/24/04) (plh, ) (Entered: 02/24/2004)

Feb. 24, 2004
56

ORIGINAL ANSWER to Prisoner Civil Rights Complaint AND JURY DEMAND by Joseph Domingues. (5)(plh, ) (Entered: 02/24/2004)

Feb. 24, 2004

DEMAND for Trial by Jury by Joseph Domingues. (contained in original answer) (plh, ) (Entered: 02/24/2004)

Feb. 24, 2004
57

ORDER SETTING DEADLINE FOR RESPONSE - On 2/20/04, dfts filed a pleading entitled "Dfts' Motion to Dismiss for Failure to Exhaust Administrative Remedies." Any response by pltf shall be filed on or before 3/15/04. (Signed by Judge Clinton E Averitte on 2/24/04) (plh, ) (Entered: 02/24/2004)

Feb. 24, 2004
58

MOTION TO SUPPLEMENT THEIR MOTION TO DISMISS FOR FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES by Benny Brown, Joseph Domingues, Larry Goucher, Douglas Lockhart, Dennis Markgraf, Israel L Reyna, John Solis, Daniel Whitaker (plh, ) (Entered: 03/01/2004)

March 1, 2004
59

ORDER granting 58 Motion to supplement their motion to dismiss for failure to exhaust administrative remedies. Ordered that dft's Motion to Dismiss for Failure to Exhaust Administrative Remedies is supplemented with the affidavit of Susan Schumacher, Asst Administrator of TDCJ Offender Grievances, included as Attachment A to the motion to supplement. (Signed by Judge Clinton E Averitte on 3/3/04) (plh, ) (Entered: 03/04/2004)

March 4, 2004
60

ORDER SETTING DEADLINE FOR RESPONSE - On 3/3/04 dfts supplemented their motion to dismiss for failure to exhaust administrative remedies. The Court previously set a 3/15/04 response date for pltf to reply to dfts' motion. The response period is extended accordingly. Any response by Pltf shall be filed on or before 3/23/04. (Signed by Judge Clinton E Averitte on 3/4/04) (plh, ) (Entered: 03/04/2004)

March 4, 2004
61

RESPONSE TO MOTION - Objection to Defendant's 45 MOTION to Dismiss, 58 MOTION TO SUPPLEMENT THEIR MOTION TO DISMISS FOR FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES filed by John Craig Purvis. (exhibits not imaged) (jeh) (Entered: 03/15/2004)

March 15, 2004
62

RESPONSE TO MOTION - Objection to Defendant Joseph Domingues claim for Qualified Immunity (re 51 MOTION to Dismiss) filed by pltf John Craig Purvis. (jeh, ) (Entered: 03/15/2004)

March 15, 2004
63

DOCUMENT entitled "Motion to Inform the Court of the Exact Capacity to Which the Defendant Joseph Domingues is Being Sued" filed by John Craig Purvis (jeh, ) (Entered: 03/15/2004)

March 15, 2004

APRIL PRETRIAL NOTICE AND ORDER Docket Call set for 4/19/2004 09:30 AM before Judge Mary Lou Robinson. Jury Trial set for 4/20/2004 09:00 AM before Judge Mary Lou Robinson. Proposed Pretrial Order due by 4/9/2004. (plh, ) (Entered: 03/30/2004)

March 30, 2004
64

ORDER FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM - Ordered that Clerk issue a writ of habeas corpus ad testificandum to have inmate John Craig Purvis brought to trial in the above referenced cause, before the US Dist Judge on 4/19/04 at 9:30 am. (Signed by Judge Mary Lou Robinson on 3/31/04) (plh, ) (Entered: 03/31/2004)

March 31, 2004
65

Writ of Habeas Corpus ad Testificandum Issued as to John Craig Purvis for 4/19/04 at 9:30 am. (plh, ) (Entered: 03/31/2004)

March 31, 2004
66

ORDER denying 45 Motion to Dismiss for Failure to Exhaust Administrative Remedies - Accepting all well-plead facts as true and viewing them in the light most favorable to the nonmovant, the District Judge FINDS dfts have failed to show there are no material issues of fact on whether pltf has exhausted administrative remedies. The existence of these material issues of disputed fact preclude entry of summary judgment in the instant cause. (Signed by Judge Mary Lou Robinson on 3/31/04) (plh, ) (Entered: 04/01/2004)

April 1, 2004
67

ORDER granting 37 Motion to Dismiss, finding as moot 39 Motion to inform the court of the exact capacities in which the dfts are sued, granting 51 Motion to Dismiss. Accepting all well-plead facts as true and viewing them in the light most favorable to the nonmovant, the District Judge FINDS pltf would not be entitled to meonetary relief from dfts in their official capacities under any set of facts or any possible theory that he could prove consistent with the allegations in the complaint. Pltf's claims for monetary relief against dfts in the offical capacities are dismissed. Pltf's claims against dfts in their individual capacities survive this Order. (Signed by Judge Mary Lou Robinson on 3/31/04) (plh, ) (Entered: 04/01/2004)

April 1, 2004
68

MOTION for Extension of Time to File Pretrial Order, Proposed Findings and Conclusions of Law and Trial Briefs and Proposed Jury Instructions and Questions by Benny Brown, Joseph Domingues, Larry Goucher, Douglas Lockhart, Dennis Markgraf, Israel L Reyna, John Solis, Daniel Whitaker (plh, ) (Entered: 04/06/2004)

April 6, 2004
69

ORDER granting 68 Motion for Extension of Time to File Pretrial Order, Trial Briefs, and Proposed jury Instructions and Questions. Proposed Pretrial Order due by 4/15/2004. Ordered, Adjduged and Decreed that the Motion for Extension of Time is hereby granted and the Office of the Atty General shall submit the Pretrial Order, Trial Briefs and Proposed Jury Instructions and Questions by 4/15/04. (Signed by Judge Mary Lou Robinson on 4/6/04) (plh, ) (Entered: 04/07/2004)

April 7, 2004
70

Order Forwarding Case to US District Judge. The undersigned US Mag Judge has ruled on all pending matters possible. Discovery was closed on 2/24/04 and all dispositive motions have received a ruling. A scheduling Order was issued requiring this case to be ready for trial by 4/29/04. The Clerk will cause the docket sheet in this case to reflect it is no longer referred to the undersigned Mag Judge. All future pleadings or correspondence shall be forwarded to the Dist Judge absent a future Order of Referral. (Signed by Judge Clinton E Averitte on 4/7/04) (plh, ) (Entered: 04/07/2004)

April 7, 2004
71

MOTION in Limine by Benny Brown, Joseph Domingues, Larry Goucher, Douglas Lockhart, Dennis Markgraf, Israel L Reyna, John Solis, Daniel Whitaker (plh, ) Additional attachment(s) added on 4/12/2004 (plh, ). (Entered: 04/08/2004)

April 8, 2004
72

PROPOSED JURY INSTRUCTIONS AND JURY QUESTIONS by Benny Brown, Joseph Domingues, Larry Goucher, Douglas Lockhart, Dennis Markgraf, Israel L Reyna, John Solis, Daniel Whitaker. (plh, ) Additional attachment(s) added on 4/12/2004 (plh, ). (Entered: 04/08/2004)

April 8, 2004
73

MOTION IN LIMINE by John Craig Purvis (jeh, ) (Entered: 04/09/2004)

April 9, 2004
74

MOTION TO POSTPONE ALL PROCEEDINGS by John Craig Purvis (jeh, ) (Entered: 04/09/2004)

April 9, 2004
75

MOTION for Issuance of Writ of Habeas Corpus ad testificandum by Benny Brown, Joseph Domingues, Larry Goucher, Douglas Lockhart, Dennis Markgraf, Israel L Reyna, John Solis, Daniel Whitaker (plh, ) (Entered: 04/13/2004)

April 13, 2004
76

ORDER granting 75 Motion for Writ of Habeas Corpus ad testificandum. Clerk shall issue a writ of habeas corpus ad tesitificandum directed to Operations, TDCJ Classifications & Records, Attn: Missy Roberts, Court Coordinator and to the Warden, Darrington Unit to have inmate Terry Glen Jones brought for testimony at trial on 4/20/04. (Signed by Judge Mary Lou Robinson on 4/13/04) (plh, ) Modified on 4/13/2004 (plh, ). (Entered: 04/13/2004)

April 13, 2004
77

Writ of Habeas Corpus ad Testificandum Issued as to Terry Glen Jones TDCJ #1004084 for April 20, 2004 at 9:00 am. (plh, ) (Entered: 04/13/2004)

April 13, 2004
78

RESPONSE IN OPPOSITION to Motion re 74 MOTION TO POSTPONE ALL PROCEEDINGS filed by Benny Brown, Larry Goucher, Douglas Lockhart, Dennis Markgraf, Israel L Reyna, John Solis, Daniel Whitaker. (plh, ) (Entered: 04/14/2004)

April 14, 2004
79

ORDER denying 74 Motion to Postpone All Proceedings (Signed by Judge Mary Lou Robinson on 4/14/04) (plh, ) (Entered: 04/15/2004)

April 14, 2004

Proposed Pretrial Order by Benny Brown, Joseph Domingues, Larry Goucher, Douglas Lockhart, Dennis Markgraf, Israel L Reyna, John Solis, Daniel Whitaker. (plh, ) (Entered: 04/16/2004)

April 16, 2004
80

NOTICE OF SECOND SUPPLEMENTAL DISCLOSURE by Benny Brown, Joseph Domingues, Larry Goucher, Douglas Lockhart, Dennis Markgraf, Israel L Reyna, John Solis, Daniel Whitaker (plh, ) (Entered: 04/16/2004)

April 16, 2004
81

Proposed Jury Instructions and Question by John Craig Purvis. (plh, ) (Entered: 04/19/2004)

April 19, 2004
82

WITNESS LIST (Designation of Trial Witnesses) by Benny Brown, Joseph Domingues, Larry Goucher, Douglas Lockhart, Dennis Markgraf, Israel L Reyna, John Solis, Daniel Whitaker. (plh, ) (Entered: 04/19/2004)

April 19, 2004
83

EXHIBIT LIST (Identification of Trial Exhibits) by Benny Brown, Joseph Domingues, Larry Goucher, Douglas Lockhart, Dennis Markgraf, Israel L Reyna, John Solis, Daniel Whitaker. (plh, ) (Entered: 04/19/2004)

April 19, 2004
84

NOTICE OF THIRD SUPPLEMENTAL DISCLOSURE by Benny Brown, Joseph Domingues, Larry Goucher, Douglas Lockhart, Dennis Markgraf, Israel L Reyna, John Solis, Daniel Whitaker (plh, ) (Entered: 04/19/2004)

April 19, 2004
85

NOTICE OF FIRST SUPPLEMENTAL DISCLOSURE by Benny Brown, Joseph Domingues, Larry Goucher, Douglas Lockhart, Dennis Markgraf, Israel L Reyna, John Solis, Daniel Whitaker (plh, ) (Entered: 04/19/2004)

April 19, 2004
86

Minute Entry for proceedings held before Judge Mary Lou Robinson : Docket Call held on 4/19/04. Docket Call - Cases Called - Attys announce ready - Court set cases - Court had Joint Pre-Trial Order signed in Open Court - Court heard objections to exhibits and Motion in Limine filed by Dfts (Court Reporter Stacy Morrison.) (plh, ) (Entered: 04/20/2004)

April 19, 2004
87

AGREED PRETRIAL ORDER (Signed by Judge Mary Lou Robinson on 4/20/04) (plh, ) (Entered: 04/20/2004)

April 20, 2004
88

MOTION to Request Co-Counsel by John Craig Purvis (plh, ) (Entered: 04/20/2004)

April 20, 2004
89

MOTION TO DENY DFT'S TRIAL WITNESSES (Objection to Dft's Designation of Trial Witnesses) by John Craig Purvis (plh, ) (Entered: 04/20/2004)

April 20, 2004
90

MOTION TO DENY DFT'S WITNESS (Objection to Dfts Third Supplemental Disclosure) by John Craig Purvis (plh, ) (Entered: 04/20/2004)

April 20, 2004

State / Territory: Texas

Case Type(s):

Prison Conditions

Key Dates

Filing Date: June 22, 2001

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

State prison inmate alleging failure to protect him from a threatening cellmate, obstruction of a post-assault investigation, and failure to conduct sufficient post-assault interviews

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Texas Prisons, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Litigation

Issues

General:

Assault/abuse by residents/inmates/students

Personal injury

Type of Facility:

Government-run