Case: Lomas v. Harris County

4:16-cv-03745 | U.S. District Court for the Southern District of Texas

Filed Date: Dec. 28, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about Harris County's practice of arresting people without warrants by finding probable cause based on unsworn statements. On December 28, 2016, two individuals arrested without warrants filed this putative class action lawsuit in the U.S. District Court for the Southern District of Texas. The plaintiffs sued Harris County under 42 U.S.C. § 1983 and under provisions of the Texas Code of Criminal Procedure. Represented by the Civil Rights Corps and the Texas Fair Defense Project, …

This is a case about Harris County's practice of arresting people without warrants by finding probable cause based on unsworn statements. On December 28, 2016, two individuals arrested without warrants filed this putative class action lawsuit in the U.S. District Court for the Southern District of Texas. The plaintiffs sued Harris County under 42 U.S.C. § 1983 and under provisions of the Texas Code of Criminal Procedure. Represented by the Civil Rights Corps and the Texas Fair Defense Project, the plaintiffs sought declaratory judgment, an injunction, and attorneys' fees. The plaintiffs alleged that the defendant's practices violated their Fourth Amendment rights to probable cause determinations and their Fourteenth Amendment rights to procedural due process.

The plaintiffs sought to certify a class for those arrested without a warrant "who are currently detained, or will be detained, by Harris County and who have not been provided, or will not be provided, a prompt, neutral determination of probable cause supported by oath or affirmation." They also sought to certify a subclass for those arrested for misdemeanors without a warrant "who are currently detained, or will be detained, by Harris County and who have not been provided, or will not be provided, a neutral determination of probable cause supported by oath or affirmation within 24 hours of arrest." The plaintiffs claimed that keeping people in custody after a warrantless arrest on account of probable cause based on unsworn statements violated the Fourth and Fourteenth Amendments of the U.S. Constitution. Similarly, they also claimed that keeping people in custody after a warrantless misdemeanor arrest without offering bond when eligible for release violated Tex. Code Crim. P. Ann. § 17.033(a)–(b). The same day the plaintiffs filed their complaint they also moved the court for a preliminary injunction to cease this practice.

The case was initially assigned to Judge Kenneth M. Hoyt. It was transferred to Chief Judge Lee H. Rosenthal following an agreement between the judges. The defendant filed an answer on May 18, 2017.

On November 1, 2017, the parties settled. The District Attorney agreed to change the process of presenting probable cause statements for warrantless arrests so that an officer now swears to the facts inputted into the District Attorney Intake System (DIMS). The defendants paid the plaintiffs $75,000 in attorneys' fees, but did not admit liability or that they engaged in the practices alleged by the plaintiffs. The court ordered for the settlement to be monitored for three years by an independent monitor to ensure the District Attorney made the promised changes to DIMS. The monitoring is ongoing.

Summary Authors

Lauren Yu (10/5/2020)

Related Cases

Hernandez v. Houston, Southern District of Texas (2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4562554/parties/lomas-v-harris-county-texas/


Judge(s)
Attorney for Plaintiff

Bernhardt, Rebecca (Texas)

Gerstein, Charles L. (District of Columbia)

Karakatsanis, Alec (District of Columbia)

Attorney for Defendant

David, Katharine Davenport (Texas)

Morgan, Philip James (Texas)

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Documents in the Clearinghouse

Document

4:16-cv-03745

Docket [PACER]

Nov. 1, 2017

Nov. 1, 2017

Docket
1

4:16-cv-03745

Class Action Complaint

Dec. 28, 2016

Dec. 28, 2016

Complaint
41-1

4:16-cv-03745

Final Consent Judgment and Settlement Agreement

Nov. 1, 2017

Nov. 1, 2017

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4562554/lomas-v-harris-county-texas/

Last updated March 29, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Harris County, Texas (Filing fee $400, receipt number 17702742) filed by Carlos Ealgin, Lucas Lomas. (Attachments: # 1 Civil Cover Sheet)(Rossi, Elizabeth) Payment information added on 12/28/2016 (ltien, 4). (Entered: 12/28/2016)

1 Civil Cover Sheet

View on PACER

Dec. 28, 2016

Dec. 28, 2016

RECAP
2

MOTION to Certify Class by Carlos Ealgin, Lucas Lomas, filed. Motion Docket Date 1/18/2017. (Attachments: # 1 Exhibit Declaration of Class Counsel, # 2 Proposed Order)(Rossi, Elizabeth) (Entered: 12/28/2016)

Dec. 28, 2016

Dec. 28, 2016

PACER
3

MOTION for Preliminary Injunction by Carlos Ealgin, Lucas Lomas, filed. Motion Docket Date 1/18/2017. (Attachments: # 1 Proposed Order)(Rossi, Elizabeth) (Entered: 12/28/2016)

Dec. 28, 2016

Dec. 28, 2016

PACER
4

MOTION for Elizabeth Rossi to Appear Pro Hac Vice by Carlos Ealgin, Lucas Lomas, filed. Motion Docket Date 1/18/2017. (Rossi, Elizabeth) (Entered: 12/28/2016)

Dec. 28, 2016

Dec. 28, 2016

PACER
5

MOTION for Charles Gerstein to Appear Pro Hac Vice by Carlos Ealgin, Lucas Lomas, filed. Motion Docket Date 1/18/2017. (Rossi, Elizabeth) (Entered: 12/28/2016)

Dec. 28, 2016

Dec. 28, 2016

PACER
6

MOTION for Alexander Karakatsanis to Appear Pro Hac Vice by Carlos Ealgin, Lucas Lomas, filed. Motion Docket Date 1/18/2017. (Rossi, Elizabeth) (Entered: 12/28/2016)

Dec. 28, 2016

Dec. 28, 2016

PACER
7

ORDER for Initial Pretrial and Scheduling Conference by Telephone and Order to Disclose Interested Persons. Counsel who filed or removed the action is responsible for placing the conference call and insuring that all parties are on the line. The call shall be placed to (713)250-5613. Telephone Conference set for 2/13/2017 at 09:15 AM by telephone before Judge Kenneth M Hoyt (Signed by Judge Kenneth M Hoyt) Parties notified.(hcarradi, 4) (Entered: 12/29/2016)

Dec. 29, 2016

Dec. 29, 2016

PACER
8

NOTICE of Transfer. Case reassigned to Chief Judge Lee H Rosenthal for the following reason: Agreement between the judges. Judge Kenneth M Hoyt no longer assigned to the case. Parties notified, filed. (chorace) (Entered: 01/04/2017)

Jan. 4, 2017

Jan. 4, 2017

PACER
9

ORDER Scheduling Rule 16 Conference With the Court and Setting Out the Requirements for Initial Pretrial Work. Initial Conference set for 3/27/2017 at 09:00 AM in Courtroom 11B before Chief Judge Lee H Rosenthal(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4) (Entered: 01/11/2017)

Jan. 11, 2017

Jan. 11, 2017

PACER
10

ORDER granting 6 Motion for Alec Karakatsanis to Appear Pro Hac Vice. (Signed by Chief Judge Lee H Rosenthal) Parties notified. (rosaldana, 4) (Entered: 01/19/2017)

Jan. 19, 2017

Jan. 19, 2017

PACER
11

ORDER granting 5 Motion for Charles Gerstein to Appear Pro Hac Vice. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(rosaldana, 4) (Entered: 01/19/2017)

Jan. 19, 2017

Jan. 19, 2017

PACER
12

ORDER granting 4 Motion for Elizabeth Rossi to Appear Pro Hac Vice. (Signed by Chief Judge Lee H Rosenthal) Parties notified. (rosaldana, 4) (Entered: 01/19/2017)

Jan. 19, 2017

Jan. 19, 2017

PACER
13

WAIVER OF SERVICE Returned Executed as to Harris County, Texas served on 1/9/2017, answer due 3/10/2017, filed.(Gerstein, Charles) (Entered: 01/19/2017)

Jan. 19, 2017

Jan. 19, 2017

PACER
14

Agreed MOTION for Extension of Time To file Responsive Pleading and Motion to Postpone Rule 26(f) Conference by Harris County, Texas, filed. Motion Docket Date 3/30/2017. (Attachments: # 1 Proposed Order)(David, Katharine) (Entered: 03/09/2017)

March 9, 2017

March 9, 2017

PACER
15

ORDER entered GRANTING 14 Agreed MOTION for Extension of Time To file Responsive Pleading and Motion to Postpone Rule 26(f) Conference. Joint Discovery/Case Management Plan due by 4/10/2017 and Initial Conference reset for 4/14/2017 at 03:00 PM in Courtroom 11B before Chief Judge Lee H Rosenthal.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4) (Entered: 03/10/2017)

March 10, 2017

March 10, 2017

RECAP
16

NOTICE of Resetting. Parties notified. Initial Conference reset for 4/24/2017 at 02:30 PM in Courtroom 11B before Chief Judge Lee H Rosenthal, filed. (leddins, 4) (Entered: 03/20/2017)

March 20, 2017

March 20, 2017

PACER
17

JOINT DISCOVERY/CASE MANAGEMENT PLAN by Carlos Ealgin, Lucas Lomas, filed. (Attachments: # 1 Proposed Order Proposed Scheduling and Docket Control Order)(Gerstein, Charles) (Entered: 04/10/2017)

April 10, 2017

April 10, 2017

PACER
18

MOTION for More Definite Statement by Harris County, Texas, filed. Motion Docket Date 5/1/2017. (David, Katharine) (Entered: 04/10/2017)

April 10, 2017

April 10, 2017

RECAP
19

CERTIFICATE OF INTERESTED PARTIES by Harris County, Texas, filed.(David, Katharine) (Entered: 04/10/2017)

April 10, 2017

April 10, 2017

PACER
20

CERTIFICATE OF INTERESTED PARTIES by Carlos Ealgin, Lucas Lomas, filed.(Gerstein, Charles) (Entered: 04/10/2017)

April 10, 2017

April 10, 2017

PACER
21

RESPONSE in Opposition to 18 MOTION for More Definite Statement, filed by Carlos Ealgin, Lucas Lomas. (Gerstein, Charles) (Entered: 04/11/2017)

April 11, 2017

April 11, 2017

RECAP
22

REPLY in Support of 18 MOTION for More Definite Statement, filed by Harris County, Texas. (David, Katharine) (Entered: 04/18/2017)

April 18, 2017

April 18, 2017

RECAP
23

NOTICE of Appearance by Susanne Pringle on behalf of Carlos Ealgin, Lucas Lomas, filed. (Pringle, Susanne) (Entered: 04/24/2017)

April 24, 2017

April 24, 2017

PACER
24

Minute entry for proceedings before the Hon. Lee H. Rosenthal. Initial conference held on April 24, 2017. For the reasons stated on the record, the motion for more definite statement, Docket Entry No. 18, is denied. The court will enter a scheduling and docket control order, as stated on the record. The plaintiffs must amend their complaint by May 12, 2017. The defendants must respond to the motion for a preliminary injunction by May 26, 2017. Appearances: Charles Gerstein/Elizabeth Rossi/Susanne Pringle(by phone) for Pltfs. and Phil Morgan for Deft.(Court Reporter: J. Sanchez), filed.(leddins, 4) (Entered: 04/25/2017)

April 24, 2017

April 24, 2017

PACER
25

SCHEDULING ORDER. Bench. Amended Pleadings due by 5/12/2017. Joinder of Parties due by 5/12/2017 Pltf Expert Witness List due by 8/4/2017. Deft Expert Witness List due by 9/1/2017. Discovery due by 10/13/2017. Mediation due by 10/13/2017. Dispositive Motion Filing due by 11/10/2017. Joint Pretrial Order due by 1/12/2018. Docket Call set for 1/19/2018 at 02:00 PM in Courtroom 11B before Chief Judge Lee H Rosenthal(Signed by Chief Judge Lee H Rosenthal) Parties notified.(gkelner, 4) (Entered: 04/25/2017)

April 24, 2017

April 24, 2017

PACER
26

NOTICE of Setting. Parties notified. Discovery Hearing set for 5/4/2017 at 11:30 AM in Courtroom 11B before Chief Judge Lee H Rosenthal, filed. (leddins, 4) (Entered: 05/02/2017)

May 2, 2017

May 2, 2017

PACER
27

Minute entry for proceedings before the Hon. Lee H. Rosenthal. Status conference held on May 4, 2017. The court will enter a scheduling order, as stated on the record. Appearances: Alec Karakatsanis/Charles Gerstein/Elizabeth Anne Rossi, Susanne Pringle (by phone) for Pltfs. and Phil Morgan for Deft.(Court Reporter: H. Alcazar), filed.(leddins, 4) (Entered: 05/04/2017)

May 4, 2017

May 4, 2017

PACER
28

AMENDED SCHEDULING ORDER. Motion to Dismiss Filing due by 5/18/2017. Motion for a Preliminary Injunction Filing due by 6/26/2017. Responses due by 6/8/2017. Reply due by 06/15/2017.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(gkelner, 4) (Entered: 05/05/2017)

May 4, 2017

May 4, 2017

PACER
29

ANSWER to 1 Amended Complaint/Counterclaim/Crossclaim etc. by Harris County, Texas, filed.(David, Katharine) (Entered: 05/18/2017)

May 18, 2017

May 18, 2017

RECAP
30

DEMAND for Trial by Jury by Harris County, Texas, filed.(David, Katharine) (Entered: 05/31/2017)

May 31, 2017

May 31, 2017

PACER
31

Unopposed MOTION for Extension of Time to Respond to Plaintiffs' Motion for Preliminary Injunction by Harris County, Texas, filed. Motion Docket Date 7/12/2017. (Attachments: # 1 Proposed Order)(David, Katharine) (Entered: 06/21/2017)

June 21, 2017

June 21, 2017

PACER
32

ORDER granting 31 Motion for Extension of Time; Motion-related deadline set re: 3 MOTION for Preliminary Injunction. Responses due by 7/26/2017..(Signed by Chief Judge Lee H Rosenthal) Parties notified.(gkelner, 4) (Entered: 06/22/2017)

June 21, 2017

June 21, 2017

PACER
33

Unopposed MOTION for Extension of Time Respond to Plaintiffs Motion for Preliminary Injunction by Harris County, Texas, filed. Motion Docket Date 8/7/2017. (Attachments: # 1 Proposed Order Order on Harris County's Unopposed Motion for Extension)(David, Katharine) (Entered: 07/17/2017)

July 17, 2017

July 17, 2017

PACER
34

ORDER entered : GRANTING 33 Unopposed MOTION for Extension of Time Respond to Plaintiffs Motion for Preliminary Injunction.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4) (Entered: 07/17/2017)

July 17, 2017

July 17, 2017

PACER
35

Unopposed MOTION for Extension of Time Respond to Plaintiff's Motion for Preliminary Injunction by Harris County, Texas, filed. Motion Docket Date 9/14/2017. (Attachments: # 1 Proposed Order Order on Harris County's Unopposed Motion for Extension)(Morgan, Philip) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
36

ORDER granting 35 Motion for Extension of Time. Harris County's response to Plaintiffs' Motion for Preliminary Injunction is now due September 25, 2017. (Signed by Chief Judge Lee H Rosenthal) Parties notified. (wbostic, 4) (Entered: 08/25/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
37

Unopposed MOTION for Extension of Time Respond to Plaintiff's Motion for Preliminary Injunction by Harris County, Texas, filed. Motion Docket Date 10/13/2017. (Attachments: # 1 Proposed Order Order on Harris County's Unopposed Motion for Extension)(David, Katharine) (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

PACER
38

ORDER granting 37 Motion for Extension of Time. Harris County's response is now due October 25, 2017. (Signed by Chief Judge Lee H Rosenthal) Parties notified. (wbostic, 4) (Entered: 09/26/2017)

Sept. 26, 2017

Sept. 26, 2017

PACER
39

Unopposed MOTION for Extension of Time To Respond to Plantiff's Motion for Preliminary Injunction by Harris County, Texas, filed. Motion Docket Date 11/15/2017. (Attachments: # 1 Proposed Order)(David, Katharine) (Entered: 10/25/2017)

Oct. 25, 2017

Oct. 25, 2017

PACER
40

ORDER granting 39 Motion for Extension of Time. Harris County's response to Plaintiffs' Motion for Preliminary Injunction is due 11/1/2017. (Signed by Chief Judge Lee H Rosenthal) Parties notified. (wbostic, 4) (Entered: 10/30/2017)

Oct. 30, 2017

Oct. 30, 2017

PACER
41

Joint MOTION for Entry of Judgment by Carlos Ealgin, Lucas Lomas, filed. Motion Docket Date 11/22/2017. (Attachments: # 1 Exhibit A Final Consent Judgment and Settlement Agreement)(Gerstein, Charles) (Entered: 11/01/2017)

1 Exhibit A Final Consent Judgment and Settlement Agreement

View on RECAP

Nov. 1, 2017

Nov. 1, 2017

RECAP
42

FINAL CONSENT JUDGMENT granting 41 Joint MOTION for Entry of Judgment. Case terminated on 11/1/2017. (Signed by Chief Judge Lee H Rosenthal) Parties notified. (wbostic, 4) (Entered: 11/02/2017)

Nov. 1, 2017

Nov. 1, 2017

RECAP
43

MEMORANDUM Letter from Monitor Prof. Sandra G. Thompson filed on her behalf by Charles Gerstein by Civil Rights Corps, Inc., filed.(Gerstein, Charles) (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

PACER
44

NOTICE of Setting. Parties notified. Pre-Motion Conference set for 3/24/2021 at 03:00 PM by video before Chief Judge Lee H Rosenthal, filed. A Zoom kink will be provided for participation. (leddins, 4) (Entered: 01/29/2021)

Jan. 29, 2021

Jan. 29, 2021

PACER
45

NOTICE of attorney substitution by Carlos Ealgin, Lucas Lomas. Attorney Elizabeth Rossi added. Attorney Charles Lewis Gerstein terminated, filed. (Gerstein, Charles) (Entered: 02/25/2021)

Feb. 25, 2021

Feb. 25, 2021

PACER
46

NOTICE of Resetting. Parties notified. Pre-Motion Conference reset for 3/25/2021 at 03:30 PM by video before Chief Judge Lee H Rosenthal, filed. A Zoom link will be posted on the Court's web page calendar (leddins, 4) (Entered: 03/17/2021)

March 17, 2021

March 17, 2021

PACER
47

NOTICE of Appearance by Stan Clark on behalf of Harris County, Texas, filed. (Clark, Stanley) (Entered: 03/22/2021)

March 22, 2021

March 22, 2021

PACER
48

Minute entry for proceedings before the Hon. Lee H. Rosenthal. Status conference held on March 25, 2021. The court heard updates on compliance with the consent decree after receiving the monitors report. The defendant must produce all probable-cause summaries that have been amended, whether by the initial drafting officer or a third party, and filed on the District Attorney Intake Management System (DIMS) between January 1, 2020, and January 1, 2021. The defendant must produce the original and amended versions of the probable-cause summaries. The defendant must produce these documents on April 12, 2021, the same time that it will confirm, in writing, that it has implemented steps on DIMS to track amendments to probable-cause summaries and ensure that those amendments require attestation. The defendant must confer with the Houston Police Department to determine whether the TIBURON system tracks when a drafting officer or third party amends a probable-cause summary, and if so, whether the TIBURON system tracked amendments to probable-cause summaries between January 1, 2020, and January 1, 2021. The monitor must produce the hard drive referenced in the monitor's report. (Docket Entry No. 43 at 3). The hard drive is limited to counsels eyes only, which includes those employed by or working on behalf of counsel. The documents contained on the hard drive are limited to use in this case, unless appropriate motions are filed. The parties must file a proposed protective order no later than April 5, 2021. Appearances: Alec Karakatsanis, Stan Clark, Joanne Musick, Seth Hopkins, Michael McDougal, Gary Zellar, Scott Durfee, George Elessar and Shawna Reagin.(Court Reporter: S. Gumm), filed.(leddins, 4) (Entered: 03/31/2021)

March 25, 2021

March 25, 2021

PACER
49

MOTION Partially Agreed Motion for Protective Order by Harris County, Texas, filed. Motion Docket Date 4/26/2021. (Attachments: # 1 Proposed Order)(Clark, Stanley) (Entered: 04/05/2021)

April 5, 2021

April 5, 2021

PACER
50

ADVISORY by Harris County, Texas, filed.(Clark, Stanley) (Entered: 04/12/2021)

April 12, 2021

April 12, 2021

PACER
51

Amended ADVISORY by Harris County, Texas, filed.(Clark, Stanley) (Entered: 04/12/2021)

April 12, 2021

April 12, 2021

PACER
52

ORDER Granting 49 Motion for Protective Order..(Signed by Chief Judge Lee H Rosenthal) Parties notified.(jguajardo, 4) (Entered: 05/18/2021)

May 18, 2021

May 18, 2021

PACER

Case Details

State / Territory: Texas

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 28, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All warrantless arrestees who are currently detained, or will be detained, by Harris County and who have not been provided, or will not be provided, a prompt, neutral determination of probable cause supported by oath or affirmation, including all warrantless misdemeanor arrestees who have not been provided a neutral determination of probable cause within 24 hours of arrest.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Civil Rights Corps

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Harris County (Harris), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process: Procedural Due Process

Unreasonable search and seizure

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $75,000

Order Duration: 2017 - 2020

Content of Injunction:

Monitor/Master

Recordkeeping

Monitoring

Warrant/order for search or seizure

Preliminary relief request withdrawn/mooted