Case: Hyde v. Texas Dept. of Criminal Justice

4:94-cv-02987 | U.S. District Court for the Southern District of Texas

Filed Date: Aug. 30, 1994

Closed Date: 2003

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Case Summary

Dale Hyde, a pro se plaintiff, brought suit against the Texas Department of Criminal Justice under 42 U.S.C. § 1983 on August 30, 1994, complaining that his religious group was not allowed to meet under the same circumstances as other religious groups at the prison where he was incarcerated. Hyde had previously filed a written complaint with the prison about restrictions on his religious practices as a Jehovah's Witness. On October 23, 1996, the U.S. District Court for the Southern District of Texas (Judge Lynn N. Hughes) held that the warden's rejection of Hyde's complaint at the highest level within the prison grievance procedure resulted in a personal loss of religious freedom to Hyde. Hyde v. Texas Dept. of Criminal Justice, 948 F.Supp. 625 (S.D.Tex. 1996). Judge Hughes ordered that Hyde be allowed to attend religious meetings of Jehovah's Witnesses on the same conditions as other similarly situated religious groups. Hyde's religious group was entitled to meet without an approved outside volunteer and in the same size group as other religious groups at the prison. Judge Hughes further ordered that Hyde receive ""time off"" of work for ten days as compensation for his problems with religious meetings. The case was closed on October 23, 1996. Subsequent motions to appeal and to amend the original claim dating to 2003 were dismissed.

Summary Authors

Angela Heverling (12/1/2005)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/27823612/parties/hyde-v-tdcj-id/

Judge(s)

Crone, Marcia A. (Texas)

Hughes, Lynn Nettleton (Texas)

Attorney for Plaintiff

Gordy, Owen T (Texas)

Attorney for Defendant

Felfe, Sharon (Texas)

Expert/Monitor/Master/Other

Hickman-Bey, Kenneth W (Texas)

Judge(s)

Crone, Marcia A. (Texas)

Hughes, Lynn Nettleton (Texas)

Attorney for Plaintiff

Gordy, Owen T (Texas)

Hyde, Dale (Texas)

Attorney for Defendant

Felfe, Sharon (Texas)

Other

Hickman-Bey, Kenneth W (Texas)

King, Gerald (Texas)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

4:94-cv-02987	Docket [PACER] Hyde v. TDCJ-ID	Dec. 24, 2003	Dec. 24, 2003 Docket
3 4:94-cv-02987	Initial Order	Dec. 21, 1994	Dec. 21, 1994 Order/Opinion
4 4:94-cv-02987	Order for More Definite Statement	Dec. 21, 1994	Dec. 21, 1994 Order/Opinion
7 4:94-cv-02987	Order	Feb. 1, 1996	Feb. 1, 1996 Order/Opinion
11 4:94-cv-02987	Order	April 10, 1996	April 10, 1996 Order/Opinion
14 4:94-cv-02987	Partial Dismissal Order	June 4, 1996	June 4, 1996 Order/Opinion
16 4:94-cv-02987	Show Cause Order	Aug. 15, 1996	Aug. 15, 1996 Order/Opinion
18 4:94-cv-02987	Order	Sept. 23, 1996	Sept. 23, 1996 Order/Opinion
21 4:94-cv-02987	Opinion on Judgment	Oct. 23, 1996	Oct. 23, 1996 Order/Opinion
21 4:94-cv-02987	Opinion on Judgment	Oct. 23, 1996	Oct. 23, 1996 Order/Opinion 948 F.Supp. 625

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/27823612/hyde-v-tdcj-id/

Last updated Oct. 6, 2026, 10:43 p.m.

Docket for: Hyde v. TDCJ-ID

ECF Number	Date	Description	Link
1	Aug. 30, 1994	Prisoner Civil Rights Complaint filed; (fmremp) (Entered: 08/30/1994)	RECAP
2	Aug. 30, 1994	MOTION to proceed in forma pauperis by Dale Hyde Dale Hyde for plaintiff Dale Hyde, Motion Docket Date 9/19/94 [2-1] motion, filed. (fmremp) (Entered: 08/30/1994)	RECAP
	Nov. 4, 1994	Rec'd letter from Hyde, fwd to Staff Atty's. (fmremp)
3	Dec. 21, 1994	ORDER granting [2-1] motion to proceed in forma pauperis; pltf shall file no motions and conduct no discovery until authorized by the court, entered. Parties ntfd. ( Signed by Magistrate Judge Marcia A. Crone ) (ckrus) (Entered: 12/22/1994)	RECAP
4	Dec. 21, 1994	ORDER for More Definite Statment as to Dale Hyde, entered. Parties ntfd. Definite Statement due 1/21/95 (Signed by Magistrate Judge Marcia A. Crone) (ckrus) (Entered: 12/22/1994)	RECAP
5	Jan. 3, 1995	MORE DEFINITE STATEMENT by Dale Hyde, filed. (fmremp) (Entered: 01/04/1995)	RECAP
6	July 17, 1995	Notice of change of address by Dale Hyde, filed. (fmremp) (Entered: 07/18/1995)	RECAP
7	Feb. 1, 1996	ORDER for Service of Process granting [2-1] motion to proceed in forma pauperis. The Clerk shall issue summons and the U.S. Marshal shall serve a copy of the complaint (#1), order for more definite statement (#4), Pltf's more definite statement (#5) and of this order upon Gary Johnson, entered. Parties ntfd. ( Signed by Magistrate Judge Marcia A. Crone ) (fmremp) (Entered: 02/06/1996)	RECAP
	Feb. 6, 1996	SUMMONS to Gary Johnson, issued (fmremp)
8	Feb. 21, 1996	SUPPLEMENT to [1-1] complaint by Dale Hyde, filed. (fmremp) (Entered: 03/07/1996)	RECAP
9	March 8, 1996	RETURN OF SERVICE executed certified mail as to Gary Johnson TDCJ-ID 2/27/96 filed Answer due on 3/18/96 for TDCJ-ID (bchurchill) (Entered: 03/11/1996)	RECAP
10	March 18, 1996	SUPPLEMENTAL COMPLAINT by Dale Hyde, amending [1-1] complaint, filed. (fmremp) (Entered: 03/20/1996)	RECAP
11	April 10, 1996	ORDER Spears hearing 9:00 5/31/96, entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (fmremp) (Entered: 04/10/1996)	RECAP
	April 24, 1996	Rec'd executed green card from Chief of the Enforcement Division, fwd to fileroom. (fmremp)
12	May 6, 1996	ANSWER to Complaint by TDCJ-ID (Added attorney Linda M Kearney), filed.; jury demand (fmremp) (Entered: 05/07/1996)	RECAP
	May 21, 1996	WRIT of Habeas Corpus Ad Testificandum issued for the appearance of Dale Hyde for a Spears Hearing to be held at the Darrington Unit on 5/31/96 at 9 am before Judge Hughes. (fmremp) Modified on 05/22/1996
13	May 31, 1996	Minute entry: Hrg held; App: Vance. State must submit a two page stipulation of the practices at Wynne Unit by Friday 6/14/96. state must sen copy of stipulation and case law to Hyde. Dismissed claim regarding undesirable cell-mates. Review Wednesday 6/19/96. terminated deadlines Ct Reporter: N Cavazos (fmremp) (Entered: 06/04/1996)	RECAP
14	June 4, 1996	ORDER OF DISMISSAL Hyde's claim concerning undersirable cellmates is dismissed., entered; Parties ntfd. ( Signed by Judge Lynn N. Hughes ) (fmremp) (Entered: 06/05/1996)	RECAP
15	Aug. 6, 1996	REQUEST FOR CONTEMPT FINDING, by Dale Hyde, filed. (hlerma) Modified on 08/07/1996 (Entered: 08/07/1996)	RECAP
16	Aug. 15, 1996	Order to Show Cause: The TDCJ-ID is ordered to show cause at a hrg why they should not be held in contemt or its answer struck. The hrg will be held 2:30 9/16/96 as to TDCJ-ID, entered. Parties ntfd. ( Signed by Judge Lynn N. Hughes ) (hlerma) Modified on 09/11/1996 (Entered: 08/21/1996)	RECAP
17	Sept. 3, 1996	RESPONSE by TDCJ-ID to [16-1] order show cause, filed. (hlerma) (Entered: 09/04/1996)	RECAP
19	Sept. 9, 1996	SUPPLEMENTAL COMPLAINT filed; (hlerma) (Entered: 09/26/1996)	RECAP
	Sept. 11, 1996	Deadline updated; set show cause hearing for 2:30 9/16/96 before Judge Lynn N. Hughes (hlerma)
18	Sept. 23, 1996	ORDER set miscellaneous hearing 2:00 10/15/96, entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 09/25/1996)	RECAP
	Oct. 2, 1996	Rec'd letter from Mr Hyde, fwd to Staff Attys. (hlerma)
	Oct. 7, 1996	Letter from the Clerk to Mr Hyde, Ref: response to Mr Hyde letter. (hlerma)
20	Oct. 15, 1996	Minute entry filed following Hearing before Judge Lynn N Hughes; terminated deadlines ; Ct Reporter: Anne Traylor; Appearances: Linder Kearney f/deft; argument heard on 19 supplemental complaint by Dale Hyde; order to be entered. (fmremp) (Entered: 10/18/1996)	RECAP
21	Oct. 23, 1996	OPINION ON JUDGMENT: Extended pleading, summary hrg at the prison, and a hrg to verify the post-hrg resolution of this case have resulted in a clear showing that the inmate was wronged. The state has agreed to a judgment that compensates Hyde for his administrative injury and announces his prosepective relief is compelled by law. This will be a final judgment., entered. Parties notified. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 10/28/1996)	RECAP
22	Oct. 23, 1996	FINAL JUDGMENT, entered. Parties ntfd. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 10/28/1996)	RECAP
	Oct. 23, 1996	Case closed (hlerma)
23	Oct. 25, 1996	MOTION for appointment of counsel by Dale Hyde, Motion Docket Date 11/14/96 [23-1] motion, filed. (hlerma) (Entered: 10/29/1996)	RECAP
24	Oct. 25, 1996	MOTION to amend the original claim by Dale Hyde, Motion Docket Date 11/14/96 [24-1] motion, filed. (hlerma) (Entered: 10/29/1996)	RECAP
25	Nov. 25, 1996	NOTICE OF APPEAL of [22-1] order by Dale Hyde, filed. (bwhite) (Entered: 12/02/1996)	RECAP
	Dec. 2, 1996	Notice of appeal and certified copy of docket transmitted to USCA: [25-1] appeal (bwhite)
	Dec. 16, 1996	NOTICE of Docketing NOA from USCA Re: [25-1] appeal USCA NUMBER: 96-21124 (bwhite)
26	Jan. 9, 1997	ORDER denying Hyde's [23-1] motion for appointment of counsel and denying Hyde's [24-1] motion to amend the original claim, entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 01/10/1997)	RECAP
	Jan. 28, 1997	Certified and transmitted record on appeal consisting of 1 vol of record to U.S. Court of Appeals: [25-1] appeal . Parties ntfd. (bwhite)
27	Feb. 20, 1997	ORDER OF USCA (certified copy) Pursuant to the motion of appellant, Rule 42, FRAP, and Rule 42.1 of this court, the appeal was DISMISSED this 17th day of February, 1997, Re: [25-1] appeal, filed. [cca 96-21124] (mmapps) (Entered: 02/20/1997)	RECAP
	Feb. 20, 1997	Record on appeal returned from U.S. Court of Appeals:Rec'd 1 vol of record, file reass'd fwd to fileroom. (mmapps)
28	March 1, 1999	MOTION for clarification by Edward L Teague, Motion Docket Date 3/21/99 [28-1] motion, filed. (hlerma) (Entered: 03/01/1999)	RECAP
29	May 19, 1999	ORDER denying Teague's [28-1] motion for clarification, Edward L. Teague moves for clarification. He is not a party and may not request relief in this case. entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 05/19/1999)	RECAP
	July 6, 1999	Rec'd letter from Hyde, ref: request for trancript. fwd to Staff Attys. (hlerma)
30	Oct. 26, 1999	REQUEST by Dale Hyde for Transcript, filed. (hlerma) (Entered: 10/26/1999)	RECAP
31	March 16, 2001	MOTION to find Chaplain John Salmon in contempt of court, by Owen T Gordy, Motion Docket Date 4/5/01 [31-1] motion, filed. (psmith) (Entered: 03/19/2001)	RECAP
32	Nov. 27, 2001	OPINION, entered. Parties notified. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 11/29/2001)	RECAP
33	Nov. 27, 2001	ORDER denying [31-1] motion to find Chaplain John Salmon in contempt of court, entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 11/29/2001)	RECAP
	Dec. 5, 2001	MAIL RETURNED UNDELIVERABLE as to Dale Hyde re: [32-1] order (released) (hlerma)
	Dec. 5, 2001	MAIL RETURNED UNDELIVERABLE as to Dale Hyde re: [33-1] order (released) (hlerma)
34	June 19, 2002	MOTION to find defts in contempt by Owen T Gordy, Motion Docket Date 7/9/02 [34-1] motion, filed. (ltien) (Entered: 06/20/2002)	RECAP
35	Aug. 6, 2002	MOTION to find defts in contempt by Kenneth W Hickman-Bey, Motion Docket Date 8/26/02 [35-1] motion, filed. (kprice) (Entered: 08/07/2002)	RECAP
36	March 20, 2003	OPINION, entered: Prisoners Owen Gorday and Kenneth Hickman Bey are not parties to this suit. Their motions for contempt will be denied. They may file new complaints and tell this court why they believe their right to the free exercise of religion has been violated. Parties notified. ( signed by Judge Lynn N. Hughes ) (psmith) (Entered: 03/21/2003)	RECAP
37	March 20, 2003	ORDER ; denying without prejudice Owen Gordy and Kenneth W Hickman-Bey's motions for contempt of court against prison officials ; denying without [34-1] motion to find defts in contempt ; denying [35-1] motion to find defts in contempt, entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (kprice) (Entered: 03/23/2003)	RECAP
	March 28, 2003	MAIL RETURNED UNDELIVERABLE as to Dale Hyde re: [36-1] order (psmith)
38	Nov. 21, 2003	MOTION for leave to file contempt of court order by Gerald King, Motion Docket Date 12/11/03 [38-1] motion, filed. (psmith) (Entered: 11/26/2003)	RECAP
39	Dec. 1, 2003	MOTION for temporary restraining order due to contempt order by Gerald King, Motion Docket Date 12/21/03 [39-1] motion, filed. (ltien) (Entered: 12/03/2003)	RECAP
40	Dec. 5, 2003	REQUEST for ruling on the temporary restraining order, by Gerald King, filed. (psmith) (Entered: 12/05/2003)	RECAP
41	Dec. 5, 2003	SUPPLEMENT to Complaint, by Gerald King, filed. (psmith) (Entered: 12/05/2003)	RECAP
42	Dec. 16, 2003	ORDER denying King's [38-1] motion for leave to file contempt of court order denying King's [39-1] motion for temporary restraining order due to contempt order, entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (amaly) (Entered: 12/17/2003)	RECAP
	Dec. 24, 2003	MAIL RETURNED UNDELIVERABLE as to Dale Hyde re: [42-1] order (refused) (psmith)
	Feb. 27, 2012	Archive Data: FRC Shipment id: 9726, Accession number: 021-98-0056, Location number: 1-42-204-7-3, Box number: 34, Type of documents sent to FRC: c, Date documents shipped to FRC: 12/29/1997, Disposal authority: IIA7b(4), Disposal date: 08/11/2017, Restriction code: N, Notes: civil cases closed before trial, filed. (dkellyadi, )
	March 2, 2012	Archive Data: FRC Shipment id: 9726, Accession number: 021-98-0056, Location number: 1-42-204-7-3, Box number: 34, Type of documents sent to FRC: c, Date documents shipped to FRC: 12/29/1997, Disposal authority: IIA7b(4), Disposal date: 08/11/2017, Restriction code: N, Notes: civil cases closed before trial, filed. (dkellyadi, )

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Case Details

State / Territory:

Texas

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Aug. 30, 1994

Closing Date: 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Jehovah's Witness inmate who claims he is not given the same freedoms to practice his religion as Muslims in the prison.

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Texas Department of Justice

Texas DOC

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Constitutional Clause(s):

Free Exercise Clause

Other Dockets:

Southern District of Texas 4:94-cv-02987

U.S. Court of Appeals for the Fifth Circuit 96-21124

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Form of Settlement:

Confession of Judgment

Order Duration: 1996 - 1996

Issues

General/Misc.:

Religious programs / policies

Affected Sex/Gender(s):

Male

Recommended Citation

Case Summary of Hyde v. Texas Dept. of Criminal Justice, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/962/ (last updated 12/1/2005).