Case: Stone v. Tom Green County

6:19-cv-00061 | U.S. District Court for the Northern District of Texas

Filed Date: Oct. 1, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 1, 2019, a criminal defense lawyer practicing in Texas filed this lawsuit in the U.S. District Court for the Northern District of Texas. The plaintiff sued Tom Green County and its two elected District Attorneys under 42 U.S.C. § 1983. The plaintiff claimed violations of her First Amendment rights. In June 2018, plaintiff was serving as appellate counsel in a criminal case. In her arguments, plaintiff challenged the constitutionality of the plea bargain system on the grounds that…

On October 1, 2019, a criminal defense lawyer practicing in Texas filed this lawsuit in the U.S. District Court for the Northern District of Texas. The plaintiff sued Tom Green County and its two elected District Attorneys under 42 U.S.C. § 1983. The plaintiff claimed violations of her First Amendment rights. In June 2018, plaintiff was serving as appellate counsel in a criminal case. In her arguments, plaintiff challenged the constitutionality of the plea bargain system on the grounds that convictions by plea bargains violated the jury-trial rights outlined in the Texas and United State Constitutions. The plaintiff alleged that in retaliation, the Tom Green County District Attorney's Office implemented a policy of refusing to enter into plea bargains with the plaintiff unless she signed an "Additional Admonishment" agreeing that her argument regarding the constitutionality of plea bargains was wrong. This policy forced the plaintiff to withdraw from her criminal-defense cases due to ethical reasons, leading to lost job opportunity. The plaintiff sought injunctive and compensatory damages.

The defendants moved to dismiss the complaint on January 3, 2020, asserting that the plaintiff had failed to support a claim for relief, because the "real party in interest" was Texas rather than Tom Greene County.

As of February 24, 2020, the case was ongoing.

Summary Authors

Cedar Hobbs (2/24/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16333498/parties/stone-v-tom-green-county-texas/


Judge(s)

Hendrix, James Wesley (Texas)

Attorney for Plaintiff

Gerstein, Charles L. (District of Columbia)

Halperin, Eric I. (District of Columbia)

Attorney for Defendant

Rouse, R. Layne (Texas)

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Documents in the Clearinghouse

Document

6:19-cv-00061

Docket [PACER]

Stone v. Tom Green County, Texas

March 5, 2020

March 5, 2020

Docket
1

6:19-cv-00061

Complaint

Oct. 1, 2019

Oct. 1, 2019

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16333498/stone-v-tom-green-county-texas/

Last updated Feb. 13, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT WITH JURY DEMAND against All Defendants filed by Patricia Stone. (Filer fee note- Receipt #0539-10305676 for $400.00) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Gerstein, Charles) Modified to add receipt information on 10/3/2019 (dsr). (Entered: 10/01/2019)

Oct. 1, 2019

Oct. 1, 2019

RECAP
2

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Patricia Stone. (Gerstein, Charles) (Main Document 2 replaced to flatten image on 10/3/2019) (dsr). (Entered: 10/01/2019)

Oct. 1, 2019

Oct. 1, 2019

PACER
3

ADDITIONAL ATTACHMENTS (Civil Cover Sheet) to 1 Complaint, by Plaintiff Patricia Stone. (Gerstein, Charles) Enhanced text and replaced document to flatten image on 10/3/2019) (dsr). (Entered: 10/01/2019)

Oct. 1, 2019

Oct. 1, 2019

PACER
4

New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (dsr) (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

PACER
5

Summons(es) Issued as to All Defendants. (dsr) (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

PACER
6

MOTION to Dismiss filed by John Best, Allison Palmer, Tom Green County, Texas with Brief/Memorandum in Support. Attorney R. Layne Rouse added to party John Best(pty:dft), Attorney R. Layne Rouse added to party Allison Palmer(pty:dft), Attorney R. Layne Rouse added to party Tom Green County, Texas(pty:dft) (Rouse, R.) (Entered: 01/03/2020)

Jan. 3, 2020

Jan. 3, 2020

7

Appendix in Support filed by John Best, Allison Palmer, Tom Green County, Texas re 6 MOTION to Dismiss (Attachments: # 1 Exhibit(s)) (Rouse, R.) (Entered: 01/03/2020)

Jan. 3, 2020

Jan. 3, 2020

8

RESPONSE filed by Patricia Stone re: 6 MOTION to Dismiss (Gerstein, Charles) (Entered: 01/24/2020)

Jan. 24, 2020

Jan. 24, 2020

9

ORDER: The parties are ordered to obtain local counsel or file motions to proceed without local counsel by February 14, 2020. (Ordered by Judge James Wesley Hendrix on 1/30/2020) (pnp) (Entered: 01/30/2020)

Jan. 30, 2020

Jan. 30, 2020

10

ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: Lead counsel for each party (or a designee attorney with appropriate authority) and any unrepresented party (except for a prisoner litigant proceeding pro se) shall confer at a scheduling conference as soon as practicable, but in any event no later than February 14, 2020. Joint Report due by 2/28/2020. See order for additional deadlines. (Ordered by Judge James Wesley Hendrix on 1/30/2020) (pnp) (Entered: 01/30/2020)

Jan. 30, 2020

Jan. 30, 2020

11

MOTION Leave to Proceed Without Local Counsel filed by Patricia Stone with Brief/Memorandum in Support. (Gerstein, Charles) (Entered: 02/03/2020)

Feb. 3, 2020

Feb. 3, 2020

12

REPLY filed by John Best, Allison Palmer, Tom Green County, Texas re: 6 MOTION to Dismiss (Rouse, R.) (Entered: 02/07/2020)

Feb. 7, 2020

Feb. 7, 2020

13

ORDER granting 11 Motion to Proceed Without Local Counsel. (Ordered by Judge James Wesley Hendrix on 2/10/2020) (pnp) (Entered: 02/10/2020)

Feb. 10, 2020

Feb. 10, 2020

15

MOTION To Hold Motion to Dismiss in Abeyance or in the Alternative for Leave to File Surreply re 6 MOTION to Dismiss filed by Patricia Stone (Gerstein, Charles) (Entered: 02/12/2020)

Feb. 12, 2020

Feb. 12, 2020

16

ORDER granting 14 Motion for Leave to Proceed Without Local Counsel. (Ordered by Judge James Wesley Hendrix on 2/12/2020) (pnp) (Entered: 02/12/2020)

Feb. 12, 2020

Feb. 12, 2020

19

ELECTRONIC Minute Entry for proceedings held before Judge James Wesley Hendrix: Telephonic Scheduling Conference held on 2/12/2020. Attorney Appearances: Plaintiff − Charles Gerstein; Defense − Layne Rouse. (Court Reporter: Mechelle Daniel) (No exhibits) Time in Court − :30. (chmb) (Entered: 02/13/2020)

Feb. 12, 2020

Feb. 12, 2020

17

SCHEDULING ORDER for Motions for Summary Judgment: The parties are ordered to confer and file a list of stipulated facts by no later than 2/27/2020. Parties shall file motions for summary judgment no later than 3/05/2020. Responses shall be filed no later than 14 days after the motions are filed. Replies are due no later than seven days after responses are filed. (Ordered by Judge James Wesley Hendrix on 2/13/2020) (pnp) Modified deadline on 2/13/2020 (pnp). (Entered: 02/13/2020)

Feb. 13, 2020

Feb. 13, 2020

18

ORDER granting in part 15 Unopposed Motion to Hold Motion to Dismiss in Abeyance and denying in part 15 Request for leave to file a sur−reply in opposition to the motion to dismiss is denied as moot. (Ordered by Judge James Wesley Hendrix on 2/13/2020) (pnp) (Entered: 02/13/2020)

Feb. 13, 2020

Feb. 13, 2020

20

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539−10624463) filed by Patricia Stone (Attachments: # 1 Exhibit(s) Certificate of Good Standing) Attorney Eric Halperin added to party Patricia Stone(pty:pla) (Halperin, Eric) (Entered: 02/14/2020)

Feb. 14, 2020

Feb. 14, 2020

21

ORDER granting 20 Application for Admission Pro Hac Vice of Eric Halperin. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge James Wesley Hendrix on 2/18/2020) (pnp) (Entered: 02/18/2020)

Feb. 18, 2020

Feb. 18, 2020

22

Proposed STIPULATION of Facts by John Best, Allison Palmer, Tom Green County, Texas. (Rouse, R.) (Entered: 02/27/2020)

Feb. 27, 2020

Feb. 27, 2020

23

Appendix in Support filed by John Best, Allison Palmer, Tom Green County, Texas re 22 Stipulation (Attachments: # 1 Exhibit(s)) (Rouse, R.) (Entered: 02/27/2020)

Feb. 27, 2020

Feb. 27, 2020

24

MOTION for Partial Summary Judgment filed by Patricia Stone (Gerstein, Charles) (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

25

Brief/Memorandum in Support filed by Patricia Stone re 24 MOTION for Partial Summary Judgment (Gerstein, Charles) (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

26

MOTION for Summary Judgment filed by John Best, Allison Palmer, Tom Green County, Texas (Attachments: # 1 Proposed Order) (Rouse, R.) (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

27

Brief/Memorandum in Support filed by John Best, Allison Palmer, Tom Green County, Texas re 26 MOTION for Summary Judgment (Rouse, R.) (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

Case Details

State / Territory: Texas

Case Type(s):

Indigent Defense

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 1, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A criminal-defense attorney.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Civil Rights Corps

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Tom Green County (Tom Green), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Free Exercise Clause

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Access to lawyers or judicial system