Case: Johnson v. Wathen

7:02-cv-00087 | U.S. District Court for the Northern District of Texas

Filed Date: April 18, 2002

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On April 18, 2002, inmate Roderick Johnson filed an extensive complaint under 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of Texas, alleging that Texas prison officials failed to protect him from repeated sexual assault and therefore violated his rights under the Eighth Amendment and the Equal Protection Clause. Johnson brought separate Equal Protection claims for failure to protect because of his race and because of his sexual orientation. Johnson, a black homosexual,…

On April 18, 2002, inmate Roderick Johnson filed an extensive complaint under 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of Texas, alleging that Texas prison officials failed to protect him from repeated sexual assault and therefore violated his rights under the Eighth Amendment and the Equal Protection Clause. Johnson brought separate Equal Protection claims for failure to protect because of his race and because of his sexual orientation.

Johnson, a black homosexual, claimed that prison officials failed to protect him from prison gangs that repeatedly raped him and bought and sold him as a sexual slave while he was housed at the Texas prison system's Allred Unit. Plaintiff Johnson was represented by the National Prison Project of the American Civil Liberties Union (ACLU) and several private attorneys.

The defendants moved for judgment on the pleadings and for summary judgment, asserting qualified immunity and a failure on the prisoner's part to exhaust administrative remedies. The United States District Court for the Northern District of Texas (Judge Jerry Buchmeyer) in April, 2003, denied the defendants' motions, and the defendants brought interlocutory appeals. Johnson v. Johnson, No. 02-87, 2003 U.S. Dist. WL 21510816 (N.D.Tex. June 9, 2003).

The Fifth Circuit Court of Appeals dismissed Johnson's race-based Equal Protection claims and remanded the case to the district court for further proceedings on the remaining claims. Johnson v. Johnson, 385 F.3d 503 (5th Cir. 2004). The Court of Appeals noted that the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e, requires that a prisoner exhaust administrative remedies available within the correctional facility before bringing suit under Section 1983 regarding prison conditions. The Court held that Johnson had exhausted the available administrative remedies for his Eighth Amendment claims. The Court also found that Johnson had exhausted remedies for some of his Equal Protection sexual orientation claims because his grievances were sufficient to give prison officials fair notice that there might have been a sexual-orientation-related aspect to Johnson's problems. The Court further held that certain defendant prison officials were not entitled to qualified immunity because they did not reasonably respond to Johnson's grievances and their conduct was clearly illegal.

On remand before the United States District Court for the Northern District of Texas, the case was reassigned to Judge Barbara M. G. Lynn on January 3, 2005, and on March 22, 2005, the case caption was modified to Johnson v. Wathen to reflect the dismissal of several defendants.

On September 8, 2005, Judge Lynn granted plaintiff Johnson's petition for writs of habeas corpus. The case was tried before a jury which rendered a verdict in favor of the defendants on each of Johnson's claims on October 18, 2005. There was some subsequent litigation over attorney's fees. In January 2006, the court ordered costs against the plaintiff.

On May 23, 2012, the plaintiff moved for the court to grant him a temporary restraining order and a preliminary injunction. The plaintiff filed the motion pro se (on his own behalf). The plaintiff was released from prison and placed on parole in 2003, but he returned to prison in the fall of 2007. The plaintiff alleges that on September 11, 2007, the ACLU contacted the Executive Director of the Texas Department of Criminal Justice requesting that the plaintiff be placed in “safe keeping” because he was at extreme physical risk. The plaintiff alleges that he was subsequently placed in temporary “safekeeping”. In October 2007, the plaintiff alleges that he was transferred to the New Mexico Department of Corrections under the Interstate Corrections Compact due to concerns for his safety. The plaintiff alleges that on August 9, 2011, he was involuntarily returned back into the custody of the Texas Department of Criminal Justice.

The plaintiff alleged that immediately upon arrival in Texas he was placed in solitary confinement under punitive conditions. The plaintiff alleged that he was in constant fear that prison officials would follow through with their threats to have him killed in retaliation for his petitioning for the redress of his grievances administratively and through the courts. The plaintiff also alleged that prison officials were being deliberately indifferent to the serious mental health risks posed by the conditions of isolation he was being kept in. The plaintiff alleged his treatment was retaliation for his prior suit against the Texas prison system. He alleged he had filed over 25 administrative grievances with the prison in regard to his treatment. The plaintiff alleged that the publicity surrounding his case will not ensure his safety in the Texas prison system. The plaintiff requested to serve the rest of his sentence in another jurisdiction.

On June 4, 2012, Magistrate Judge Paul D. Stickney was added to the case. On June 4, 2012, the plaintiff moved for the court to appoint him counsel. On August 12, 2012, Judge Stickney ordered a new case to be opened in regard to the plaintiff’s current claims. This new case was 7:12-cv-00138. On September 11, 2012, the case was transferred to the Southern District of Texas. This new case was 4:12-cv-02728. The following dockets have been consolidated with this case: 7:12-cv-00138 (the Northern District of Texas), 4:12-cv-02728 (the Southern District of Texas).

The case was assigned to Judge Sim Lake. On October 4, 2012, the plaintiff filed an amended complaint. Within his amended complaint, he reiterated his allegations from his May 23, 2012 motion. On February 21, 2013, the defendants moved to dismiss the case for failure to state a claim. On July 22, 2013, Judge Slim granted the defendants’ motion to dismiss the case for the plaintiff’s failure to state a claim. The case was dismissed with prejudice. (2013 WL 3816727).

On August 23, 2013, the plaintiff appealed the dismissal of the case to the US Court of Appeals for the Fifth Circuit. On October 1, 2014, Judge W. Eugene Davis, Judge Edith Brown Clement, and Judge Gregg J. Costa affirmed the dismissal of the plaintiff’s case. (WL 4854212) This case is closed.

Summary Authors

Tom Madison (2/11/2006)

Victoria Fiengo (10/22/2018)

People


Judge(s)

Fish, Allen Joe (Texas)

Frost, E. Scott (Texas)

Justice, William Wayne (Texas)

King, Carolyn Dineen (Texas)

Lake, Simeon Timothy III (Texas)

Lynn, Barbara M. (Texas)

O'Connor, Reed Charles (Texas)

Stickney, Paul D. (Texas)

Attorneys(s) for Plaintiff

Cowie, Craig (District of Columbia)

Fettig, Amy (District of Columbia)

Judge(s)

Fish, Allen Joe (Texas)

Frost, E. Scott (Texas)

Justice, William Wayne (Texas)

King, Carolyn Dineen (Texas)

Lake, Simeon Timothy III (Texas)

Lynn, Barbara M. (Texas)

O'Connor, Reed Charles (Texas)

Stickney, Paul D. (Texas)

Attorneys(s) for Plaintiff

Cowie, Craig (District of Columbia)

Fettig, Amy (District of Columbia)

Hoffman, Timothy L. (Texas)

Monks, Jeffrey (District of Columbia)

Tuddenham, Edward John (Texas)

Winter, Margaret (District of Columbia)

Attorneys(s) for Defendant

Cunniff, Celamine (Texas)

Harris, David A. (Texas)

Tepper, Matthew (Texas)

Wike, Christopher Champion (Texas)

Other Attorney(s)

Brocato, Anthony Gerard Jr. (Texas)

Linz, Michael F. (Texas)

Rountree, Meredith (Texas)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 14, 2012 Docket

Docket [Pacer]

Johnson v. Doe

Sept. 12, 2012 Docket

General Docket [Pacer]

Johnson v. Doe

U. S. Court of Appeals for the Fifth Circuit

Nov. 6, 2014 Docket

Docket [Pacer]

Johnson v. Doe

U.S. District Court for the Southern District of Texas

Nov. 11, 2018 Docket

Prison Offender Grievance Forms

Johnson v. Johnson

No Court

Feb. 26, 2001 Discovery Material/FOIA Release

Complaint

Johnson v. Johnson

April 1, 2002 Complaint

Press Release

Johnson v. Johnson

No Court

April 17, 2002 Press Release

Offender Protection Investigation Form

Johnson v. Johnson

No Court

Nov. 13, 2002 Discovery Material/FOIA Release
114

Order Certifying Issue of Exhaustion of Administrative Remedies for Interlocutory Appeal

Johnson v. Johnson

2003 WL 21510816

June 9, 2003 Order/Opinion

Circuit Court Brief of Plaintiff Appellee

Johnson v. Johnson

U. S. Court of Appeals for the Fifth Circuit

Dec. 29, 2003 Pleading / Motion / Brief

Docket

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

ECF Number Description Date Link
1

New Case Notes: A filing fee has not been paid. CASREF case referral set and case referred to Magistrate Judge Frost (see Special Order 3). Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Frost). Clerk to provide copy to plaintiff if not received electronically. (trt) . (Entered: 08/15/2012)

May 23, 2012
2

Notice and Instruction to Pro Se Party (trt) . (Entered: 08/15/2012)

May 23, 2012
4

Brief in Support of Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction filed by Roderick Keith Johnson. (Document 380 in related case) (trt) (Entered: 08/15/2012)

May 23, 2012
5

Declaration in Support of Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction filed by Roderick Keith Johnson. (Document 381 in related case) (trt) (Entered: 08/15/2012)

May 23, 2012
6

MOTION to Appoint Counsel filed by Roderick Keith Johnson (Document 382 in related case) (trt) (Entered: 08/15/2012)

May 23, 2012
7

ORDER REFERRING 382 Motion to Appoint Counsel filed by Roderick Keith Johnson filed by Roderick Keith Johnson. (Document 383 in related case) (trt) (Entered: 08/15/2012)

June 4, 2012
8

Status Request by Roderick Keith Johnson with Deputy Clerk Response (Document 384 in related case) (trt) (Entered: 08/15/2012)

June 12, 2012
9

Status Request by Roderick Keith Johnson with Deputy Clerk Response (Document 385 in related case) (trt) (Entered: 08/15/2012)

July 17, 2012
10

NOTICE to the Court filed by Roderick Keith Johnson. (Document 386 in related case) (trt) (Entered: 08/15/2012)

July 18, 2012
11

Request for Copies by Roderick Keith Johnson. (Document 387 in related case) (trt) (Entered: 08/15/2012)

July 30, 2012
12

MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Roderick Keith Johnson (Document 388 in related case) (trt) . (Entered: 08/15/2012)

July 30, 2012
3

ORDER: For the convenience of the Court and the parties and to expedite consideration of Plaintiffs Motion to Proceed IFP, Motion to Appoint Counsel, and Motion for Temporary Retraining Order, the Court hereby severs Plaintiffs pleadings filed in this case under docket numbers 380−388 and directs the Clerk of Court to open a new case under 555 Prison Conditions, with Federal Question jurisdiction. The Clerk of Court shall refile docket numbers 380−388 in the new case. (Ordered by Magistrate Judge Paul D Stickney on 8/14/2012) (trt) (Entered: 08/15/2012)

Aug. 14, 2012
13

Order Transferring to Another District: Case transferred to Houston Division of Southern District of Texas. Plaintiff has not identified the parties against whom he currently seeks relief. However, the events underlying Plaintiff's request for temporary restraining order and preliminary injunction are occurring in Navasota, Texas. Navasota, Texas is located in Grimes County which lies within the Southern District of Texas, Houston Division. 28 U.S.C. § 124(b)(2). None of the events giving rise to the instant motion have occurred within the Wichita Falls Division and there are no parties to this action located within the geographical boundaries of the Wichita Falls Division. It is therefore ORDERED that, for the convenience of the parties and in the interest of justice, this case is hereby transferred to the Southern District of Texas, Houston Division, pursuant to 28 U.S.C. §1404(a). (Ordered by Magistrate Judge E. Scott Frost on 9/11/2012) (plp) (Entered: 09/11/2012)

Sept. 11, 2012
14

Case received electronically from Texas Northern. Case Number 7:12−cv−00138. (Entered: 09/12/2012)

Sept. 12, 2012
16

NOTICE OF DEFICIENT PLEADING as to Roderick Keith Johnson. Complete Conplaint Form Parties notified. Notice of Compliance due by 10/15/2012, filed. (Attachments: # 1 Complaint Form)(gkelner, ) (Entered: 09/14/2012)

Sept. 14, 2012
17

ORDER granting 12 MOTION for Leave to Proceed in forma pauperis with certificate of trust account. (Signed by Judge Sim Lake) Parties notified. (aboyd) (Entered: 09/14/2012)

Sept. 14, 2012
18

AMENDED Prisoner Civil Rights COMPLAINT against All Defendants filed by Roderick Keith Johnson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(vrios, ) Modified on 10/5/2012 (bgoolsby, ). (Entered: 10/04/2012)

Oct. 4, 2012
19

NOTICE to Pro Se Litigant, filed. (mlothmann) (Entered: 10/09/2012)

Oct. 9, 2012
20

ORDER TO ANSWER denying 6 MOTION to Appoint Counsel (Signed by Judge Sim Lake) Parties notified. (aboyd) Modified on 1/29/2013 (aboyd). (Entered: 01/10/2013)

Jan. 10, 2013

Document(s) Sent by certified mail (Receipt # 7011 1570 0000 7671 2667) to Texas Attorney General's Office, care of Lee Haney re: 20 Order to Answer, 18 Complaint, 5 Declaration in Support, 4 Brief in Support, filed. (aboyd) (Entered: 01/10/2013)

Jan. 10, 2013
21

DESIGNATION of Celamaine Cunniff, Assistant Attorney General, as attorney in charge of Office of the Attorney General of Texas, filed.(Cunniff, Celamaine) (Entered: 01/11/2013)

Jan. 11, 2013

***Delivery Confirmation; delivery date(s) 1/14/2013 at 10:03am re: Document(s) Sent, filed. (jdav, ) (Entered: 01/15/2013)

Jan. 15, 2013
22

Certified Mail Receipt Returned, executed on 1/14/2013 re: Document(s) Sent − receipt attached, access restricted to court users for privacy reasons −, filed. (cfelchak) (Entered: 01/23/2013)

Jan. 22, 2013

***Answer due for All Defendants February 20, 2013. (bgoolsby, ) (Entered: 01/25/2013)

Jan. 25, 2013
23

Letter from Roderick Keith Johnson re: status request, filed. (amireles, ) (Entered: 02/04/2013)

Feb. 1, 2013
24

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Richard Herrera, Lanette Lithicum, Brad Livingston, Rick Thaler, filed. Motion Docket Date 3/14/2013. (Attachments: # 1 Exhibit A: Affidavit of Dr. Lannette Linthicum, M.D., # 2 Exhibit B: Correspondence from State of New Mexico Corrections Department, # 3 Exhibit C: Tx. Gov't Code Section 501.146(a)(1), # 4 Proposed Order)(Cunniff, Celamaine) (Entered: 02/21/2013)

Feb. 21, 2013
25

MOTION for Temporary Restraining Order by Richard Herrera, Lanette Lithicum, Brad Livingston, Rick Thaler, filed. Motion Docket Date 3/14/2013. (Attachments: # 1 Exhibit A: Offender Commitment Data, # 2 Exhibit B: Correspondence from State of New Mexico Corrections Department dated June 17, 2011, # 3 Exhibit C: Tx. Gov't Code Section 501.146(a)(1), # 4 Exhibit D: Affidavit of Dr. Lannette Linthicum, M.D., # 5 Proposed Order)(Cunniff, Celamaine) (Entered: 02/21/2013)

Feb. 21, 2013
26

MOTION for Leave to File an Amended Complaint by Roderick Keith Johnson, filed. Motion Docket Date 4/2/2013. (Attachments: # 1 Cover Letter, # 2 Exhibits, # 3 Envelope, # 4 Amended Complaint, # 5 Continuation, # 6 Continuation)(rosaldana) (Entered: 03/14/2013)

March 12, 2013
27

REPLY to Response to 25 MOTION for Temporary Restraining Order, filed by Roderick Keith Johnson. (Attachments: # 1 Cover Letter, # 2 Proposed Order, # 3 Exhibit)(ccarnew, ) (Entered: 03/20/2013)

March 15, 2013
28

MOTION/RESPONSE in Opposition to Defts 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Roderick Keith Johnson. (sguevara, ) (Entered: 03/21/2013)

March 20, 2013
30

RESPONSE to 26 MOTION for Leave to File an Amended Complaint filed by Richard Herrera, Lanette Lithicum, Brad Livingston, Rick Thaler. (Attachments: # 1 Proposed Order)(Cunniff, Celamaine) (Entered: 04/05/2013)

April 5, 2013
31

MOTION for Extension of Time to File Motion for Summary Judgment by Richard Herrera, Lanette Lithicum, Brad Livingston, Rick Thaler, filed. Motion Docket Date 5/13/2013. (Attachments: # 1 Proposed Order)(Cunniff, Celamaine) (Entered: 04/22/2013)

April 22, 2013
32

Plaintiff's Opposition to Defendants Response to Plaintiff's to 26 MOTION for Leave to File an Amended Complaint, filed by Roderick Keith Johnson. (isoto) (Entered: 04/23/2013)

April 22, 2013
34

DECLARATION in Support of Emergency Temporary Restraining Order for the Plaitniff Roderick Keith Johnson, filed.(isoto) (Entered: 04/23/2013)

April 22, 2013
33

PROPOSED ORDER for Emergency Order for a Temporary Restraining Order, filed.(isoto) (Entered: 04/23/2013)

April 23, 2013
35

ORDER granting 31 MOTION for Extension of Time to File Motion for Summary Judgment (Motion for Summary Judgment due by 5/14/2013.) (Signed by Judge Sim Lake) Parties notified. (aboyd) (Entered: 04/23/2013)

April 23, 2013
37

MOTION for Leave to File Supplemental Complaint by Roderick Keith Johnson, filed. Motion Docket Date 5/28/2013. (Attachments: # 1 Cover Letter)(cfelchak) (Entered: 05/08/2013)

May 6, 2013
38

PROPOSED ORDER re: 37 MOTION for Leave to File Supplemental Complaint, filed.(cfelchak) (Entered: 05/08/2013)

May 6, 2013
39

Letter from Roderick K Johnson re: Life is in Danger, filed. (cfelchak) (Entered: 05/08/2013)

May 6, 2013
36

MOTION for Leave to File supplemental complaint by Roderick Keith Johnson, filed. Motion Docket Date 5/28/2013. (Attachments: # 1 cover letter)(ckrus, ) (Entered: 05/07/2013)

May 7, 2013
40

ANSWER to Complaint with Jury Demand by Richard Herrera, Lanette Lithicum, Brad Livingston, Rick Thaler, filed.(Cunniff, Celamaine) (Entered: 05/08/2013)

May 8, 2013
41

MOTION to Seal Defendants Livingston, Thaler, Herrera, and Linthicum's Motion for Summary Judgment with Brief in Support by Richard Herrera, Lanette Lithicum, Brad Livingston, Rick Thaler, filed. Motion Docket Date 6/4/2013. (Attachments: # 1 Proposed Order)(Cunniff, Celamaine) (Entered: 05/14/2013)

May 14, 2013
42

Sealed Event, filed. (With attachments) (Entered: 05/14/2013)

May 14, 2013
46

PROPOSED Emergency Order for a Temporary Restraining Order, filed. (Attachments: # 1 Letter)(megarcia, ) (Entered: 05/20/2013)

May 15, 2013
47

DECLARATION In Support of Emergency Protection and Temporary Restraining Order of Roderick Keith Johnson re: 46 Proposed Order, filed. (megarcia) (Entered: 05/20/2013)

May 15, 2013
48

Plaintiff's MOTION for the Appointment of Counsel with Declaration and Brief in Support by Roderick Keith Johnson, filed. Motion Docket Date 6/5/2013. (Attachments: # 1 Declaration in Support of Plaintiff's Motion for the Appointment of Counsel, # 2 Proposed Order)(megarcia, ) (Entered: 05/20/2013)

May 15, 2013
43

NOTICE Defendants' Notice of First Supplemental Disclosures by Richard Herrera, Lanette Lithicum, Brad Livingston, Rick Thaler, filed. (Cunniff, Celamaine) (Entered: 05/16/2013)

May 16, 2013
44

RESPONSE to 37 MOTION for Leave to File Supplemental Complaint filed by Richard Herrera, Lanette Lithicum, Brad Livingston, Rick Thaler. (Attachments: # 1 Proposed Order)(Cunniff, Celamaine) (Entered: 05/16/2013)

May 16, 2013
49

MOTION to Deny the Defendants Motion for Summary Judgment or A Stay Until the Necessary Information May be Obtained by Roderick Keith Johnson, filed. Motion Docket Date 6/14/2013. (Attachments: # 1 Envelope) (wbostic) (Entered: 05/24/2013)

May 24, 2013
50

DECLARATION is Support of of Roderick Keith Johnson re: 49 MOTION Plaintiff's motion to Deny the Defendants Motion for Summary Judgment or A Stay Until the Necessary Information May be Obtained, filed. (Attachments: # 1 Envelope) (wbostic) (Entered: 05/24/2013)

May 24, 2013
51

Letter from Roderick K. Johnson re: Status of Case, filed. (wbostic) (Entered: 05/24/2013)

May 24, 2013
52

RESPONSE to 48 MOTION for Appointment of Counsel filed by Richard Herrera, Lanette Lithicum, Brad Livingston, Rick Thaler. (Attachments: # 1 Proposed Order)(Cunniff, Celamaine) (Entered: 06/21/2013)

June 21, 2013
53

REPLY to Response to 42 Sealed Event, filed by Richard Herrera, Lanette Lithicum, Brad Livingston, Rick Thaler. (Attachments: # 1 Exhibit A: Copy of Letter to Plaintiff with HIPAA Releases, # 2 Proposed Order Granting Defendants' Motion for Summary Judgment)(Cunniff, Celamaine) (Entered: 06/24/2013)

June 24, 2013
54

NOTICE of Second Supplemental Disclosures by Richard Herrera, Lanette Lithicum, Brad Livingston, Rick Thaler, filed. (Cunniff, Celamaine) (Entered: 06/25/2013)

June 25, 2013
55

RESPONSE to 46 Proposed Order, 47 Declaration Defendants' Response to Plaintiff's Motion for Temporary Restraining Order , filed by Richard Herrera, Lanette Lithicum, Brad Livingston, Rick Thaler. (Attachments: # 1 Proposed Order)(Cunniff, Celamaine) (Entered: 06/26/2013)

June 26, 2013
56

Letter from Brian McGiverin, filed. (sscotch, ) (Entered: 07/09/2013)

July 8, 2013
57

Petitioner's RESPONSE to 53 Reply to Response to Motion for Summary Judgment, filed by Roderick Keith Johnson. (dnoriega, ) (Entered: 07/22/2013)

July 19, 2013
58

Plaintiff's RESPONSE to Defendant's Response to Plaintiff's 25 MOTION for Temporary Restraining Order, filed by Roderick Keith Johnson. (gsalinas) (Entered: 07/22/2013)

July 19, 2013
59

REPLY to 52 Defendant's Response to Plaintiff's Motion for Appointment of Counsel, filed by Roderick Keith Johnson. (sscotch, ) (Entered: 07/22/2013)

July 19, 2013
60

MEMORANDUM OPINION AND ORDER: 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and 42 Motion for Summary Judgment are granted. 1 Complaint is dismissed with prejudice. 26 MOTION for Leave to File an Amended Complaint is denied. 36 MOTION for Leave to File supplemental complaint, 37 MOTION for Leave to File Supplemental Complaint, 48 MOTION for Appointment of Counsel, and 49 MOTION Plaintiff's motion to Deny the Defendants Motion for Summary Judgment or A Stay Until the Necessary Information May be Obtained are denied. (Signed by Judge Sim Lake) Parties notified.(glyons) (Entered: 07/22/2013)

July 22, 2013
61

FINAL JUDGMENT. Case terminated on 7/22/2013. (Signed by Judge Sim Lake) Parties notified.(glyons) (Entered: 07/22/2013)

July 22, 2013
62

NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: 61 Final Judgment, 60 Memorandum and Order,, by Roderick Keith Johnson (Filing fee $ 455), filed. (Attachments: # 1 envelope, # 2 cover letter)(sguevara, ) (Entered: 08/15/2013)

Aug. 14, 2013
63

MOTION for Leave to Appeal in forma pauperis by Roderick Keith Johnson, filed. Motion Docket Date 9/4/2013. (Attachments: # 1 cover letter, # 2 envelope)(sguevara, ) (Entered: 08/15/2013)

Aug. 14, 2013
64

Prisoner Trust Fund Account Statement by Roderick Keith Johnson, filed. (Attachments: # 1 cover letter, # 2 emvelope) (sguevara, ) (Entered: 08/15/2013)

Aug. 14, 2013
65

Notice of the Filing of an Appeal. DKT13 transcript order form was not mailed to appellant. Fee status: Pending IFP. The following Notice of Appeal and related motions are pending in the District Court: 62 Notice of Appeal, 63 MOTION for Leave to Appeal in forma pauperis, filed. (Attachments: # 1 NOA, # 2 Judgment, # 3 Docket sheet)(smurdock, 4) (Entered: 09/10/2013)

Sept. 10, 2013
66

NOTICE of Change of Address by Roderick Keith Johnson, filed. (lusmith, 3) (Entered: 09/23/2013)

Sept. 20, 2013
67

NOTICE of Change of Address by Roderick Keith Johnson, filed. (hler, 4)Address updated. (Entered: 10/18/2013)

Oct. 17, 2013
68

REQUEST for Record on Appeal re: 62 Notice of Appeal by Celamaine Cunniff, Office of the Attorney General of Texas, filed. (Attachments: #(1) Unredacted attachment) (rnieto, 1) (Entered: 11/05/2013)

Nov. 4, 2013
69

ORDER granting 63 Motion for Leave to Appeal in forma pauperis.(Signed by Judge Sim Lake) Parties notified.(glyons, 4) (Entered: 11/14/2013)

Nov. 13, 2013

PARTIAL PLRA Filing fee: $25.50, receipt number HOU040816, filed. (agould, 4) (Entered: 11/22/2013)

Nov. 22, 2013

PARTIAL PLRA Filing fee: $16.00, receipt number HOU042207, filed. (agould, 4) (Entered: 01/09/2014)

Jan. 9, 2014

PARTIAL PLRA APPEAL Filing fee: $16.00, receipt number HOU042207, filed. (agould, 4) (Entered: 01/09/2014)

Jan. 9, 2014
70

Letter from Roderick K. Johnson re: TDJC Collection of fees, filed. (dgonzalez, 5) (Entered: 01/15/2014)

Jan. 15, 2014

PARTIAL PLRA Filing fee: $6.00, receipt number HOU044502, filed. (agould, 4) (Entered: 04/09/2014)

April 9, 2014

PARTIAL PLRA APPEAL Filing fee: $6.00, receipt number HOU044502, filed. (agould, 4) (Entered: 04/09/2014)

April 9, 2014

PARTIAL PLRA Filing fee: $6.00, receipt number HOU045225, filed. (agould, 4) (Entered: 05/07/2014)

May 7, 2014

PARTIAL PLRA APPEAL Filing fee: $6.00, receipt number HOU045225, filed. (agould, 4) (Entered: 05/07/2014)

May 7, 2014

PARTIAL PLRA Filing fee: $8.00, receipt number HOU052788, filed. (agould, 4) (Entered: 04/21/2015)

April 21, 2015

PARTIAL PLRA APPEAL Filing fee: $8.00, receipt number HOU052788, filed. (agould, 4) (Entered: 04/21/2015)

April 21, 2015

PATRIAL PLRA Filing fee: $8.00, receipt number HOU056574, filed. (agould, 4) (Entered: 09/21/2015)

Sept. 21, 2015

PATRIAL PLRA APPEAL Filing fee: $8.00, receipt number HOU056574, filed. (agould, 4) (Entered: 09/21/2015)

Sept. 21, 2015

PARTIAL PLRA Filing fee: $8.00, receipt number HOU057265, filed. (agould, 4) (Entered: 10/13/2015)

Oct. 13, 2015

PARTIAL PLRA APPEAL Filing fee: $8.00, receipt number HOU057265, filed. (agould, 4) (Entered: 10/13/2015)

Oct. 13, 2015

PARTIAL PLRA Filing fee: $4.00, receipt number HOU058097, filed. (agould, 4) (Entered: 11/16/2015)

Nov. 16, 2015

PARTIAL PLRA APPEAL Filing fee: $4.00, receipt number HOU058097, filed. (agould, 4) (Entered: 11/16/2015)

Nov. 16, 2015

PARTIAL PLRA APPEAL Filing fee: $8.00, receipt number HOU064349, filed. (jsuchma, 4) (Entered: 07/22/2016)

July 19, 2016

Confirmation of receipt of payment from RODERICK KEITH JOHNSON in the amount of $ 20.00 Receipt date: 2/16/2017. Receipt number HOU070219. Purpose Description: PLRA CIVIL FILING FEE. (jholguin, 4) (Entered: 03/01/2017)

March 1, 2017

Confirmation of receipt of payment from RODERICK KEITH JOHNSON in the amount of $ 20.00 Receipt date: 2/16/2017. Receipt number HOU070221. Purpose Description: PLRA CIVIL FILING FEE. (jholguin, 4) (Entered: 03/01/2017)

March 1, 2017

State / Territory: Texas

Case Type(s):

Prison Conditions

Key Dates

Filing Date: April 18, 2002

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Black homosexual former Texas prisoner alleging that the failure to protect him from repeated sexual assault over an 18-month period violated his rights under the Eighth Amendment and the equal protection clause

Plaintiff Type(s):

Private Plaintiff

State Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU National Prison Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Texas DCJ, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Administrative segregation

Assault/abuse by residents/inmates/students

Classification / placement

Protective custody

Sexual abuse by residents/inmates

Discrimination-basis:

Race discrimination

Sexual orientatation

Affected Gender:

Male

Type of Facility:

Government-run