University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Meza v. Livingston CJ-TX-0007
Docket / Court 1:05-cv-01008-LY ( W.D. Tex. )
State/Territory Texas
Case Type(s) Criminal Justice (Other)
Case Summary
On December 5, 2005, a convicted murderer on parole in Texas filed a lawsuit in the U.S. District Court for the Western District of Texas, under the Religious Land Use and Institutionalized Persons Act of 2000 and 42 U.S.C. § 1983 against the Texas Department of Criminal Justice and the Texas ... read more >
On December 5, 2005, a convicted murderer on parole in Texas filed a lawsuit in the U.S. District Court for the Western District of Texas, under the Religious Land Use and Institutionalized Persons Act of 2000 and 42 U.S.C. § 1983 against the Texas Department of Criminal Justice and the Texas Board of Pardons and Parole. The plaintiff is represented by both public and private counsel. The plaintiff asked the court for a declaratory judgment, injunctive relief, and damages. The plaintiff asked the court to permanently enjoin the defendants from: imposing the sex-offender label on him without a hearing that met due process requirements; subjecting the plaintiff to conditions that were different than similar supervisees; and failing to accommodate his religious exercise. The plaintiff also alleged that he has not had the same opportunities as other supervisees to acquire a job, obtain a driver's license, or receive education.

On June 25 2007, Judge Lee Yeakel dismissed the plaintiff's claim under the Religious Land Use and Institutionalized Persons Act of 2000. The plaintiff's claims under 42 U.S.C. § 1983 were allowed to proceed. The decision allowing the claims to proceed under 42 U.S.C. § 1983 was appealed. On June 23, 2008, the US Court of Appeals, Fifth Circuit, affirmed the decision of the district court.

On March 24, 2009, Judge Lee Yeakel ordered that the defendants must afford the plaintiff due process of law, and dismissed, without prejudice, all of his other claims. This judgment was appealed.

On May 20, 2010, The United States Court of Appeals, Fifth Circuit, ruled mostly for the plaintiff, slightly modifying the amount of due process that the plaintiff must be afforded.

On March 30, 2011, the district court (Judge Lee Yeakel) granted the plaintiff's motion for the enforcement of the March 24, 2009 judgment as confirmed by the court of appeals, and ordered that the determination of whether the plaintiff should be considered a sex offender should conform with the plaintiff's due process rights. On August 24, 2011, the district court (Judge Lee Yeakel) denied the plaintiff's second motion for enforcement of the judgment, ruling that the defendant's actions after the March 30, 2011 order had sufficiently complied with the March 24, 2009 judgment.

The plaintiff's original sentence for murder ended in 2012. He will remain under mandatory supervision for possessing a weapon in prison in 1989 until 2016.

On September 20, 2013, the court granted a stipulation of dismissal for the Texas Department of Pardons and Parole, and dismissed the claim with prejudice. It appears that the plaintiff settled with the Texas Department of Pardons and Parole.

On December 12, 2013, the defendant the Texas Department of Criminal Justice filed a motion to dismiss the complaint as moot since they did not have the ability to grant the relief that the plaintiff was asking for. The Texas Department of Criminal Justice stated that only the Texas Board of Pardons and Parole had this power, and they had been dismissed from the complaint.

On March 13, 2014, the plaintiff filed a fifth amended complaint based on the defendant's motion to dismiss for mootness. On July 29, 2014, the plaintiff filed a sixth amended complaint alleging that the plaintiff was unable to move into suitable housing and denied employment due to the defendant's actions.

The case is still ongoing.

Steve Vnuk - 10/30/2014


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Issues and Causes of Action
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Issues
Affected Gender
Male
Constitutional Clause
Due Process
Defendant-type
Corrections
Jurisdiction-wide
General
Access to lawyers or judicial system
Classification / placement
Conditions of confinement
Disparate Treatment
Sex offender regulation
Work release or work assignments
Plaintiff Type
Private Plaintiff
Causes of Action Declaratory Judgment Act, 28 U.S.C. § 2201
42 U.S.C. § 1983
Defendant(s) Texas
Texas Board of Pardons and Paroles
Texas Department of Criminal Justice
Plaintiff Description A convicted murderer currently on parole.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Declaratory Judgment
Attorneys fees
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
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Links Philadelphia Forfeiture
http://ij.org/case/philadelphia-forfeiture/
By: Institute for Justice (Institute for Justice)
[ Detail ]

Docket(s)
1:05−cv−01008 (W.D. Tex.) 10/21/2014
CJ-TX-0007-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 12/02/2005
CJ-TX-0007-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Complaint 06/23/2006
CJ-TX-0007-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Agreed Order of Dismissal 11/17/2006 (W.D. Tex.)
CJ-TX-0007-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Dismissing Matter with Prejudice] 11/17/2006 (W.D. Tex.)
CJ-TX-0007-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Granting in Part and Denying in Part Motion to Dismiss] 12/05/2006 (W.D. Tex.)
CJ-TX-0007-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Denying Motion for Protective Order] 02/06/2007 (W.D. Tex.)
CJ-TX-0007-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Third Amended Complaint 02/23/2007
CJ-TX-0007-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Granting in Part and Denying in Part Motion to Quash, Granting in Part and Denying in Part Motion to Compel] 04/12/2007 (W.D. Tex.)
CJ-TX-0007-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Granting Motion to Exclude Testimony] 05/04/2007 (2007 WL 7119920) (W.D. Tex.)
CJ-TX-0007-0010.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Report and Recommendation of the United States Magistrate Judge 06/05/2007 (2007 WL 1655898)
CJ-TX-0007-0011.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Granting in Part and Denying in Part Motions to Compel] 06/13/2007 (W.D. Tex.)
CJ-TX-0007-0012.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation of Partial Dismissal 06/15/2007
CJ-TX-0007-0013.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order on Report and Reccomendation 06/25/2007 (W.D. Tex.)
CJ-TX-0007-0014.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Cancelling Bench Trial] 07/10/2007 (W.D. Tex.)
CJ-TX-0007-0015.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
USCA Judgment [Mandate Affirming the Judgment of the District Court 07/23/2008 (537 F.3d 364)
CJ-TX-0007-0016.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Dismissing Motion for Summary Judgment and Motions to Stay] 10/21/2008 (2008 WL 7716805) (W.D. Tex.)
CJ-TX-0007-0017.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Fourth Amended Complaint 10/30/2008
CJ-TX-0007-0018.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Findings of Fact and Conclusions of Law 03/24/2009 (623 F.Supp.2d 782) (W.D. Tex.)
CJ-TX-0007-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Final Judgment 03/24/2009 (W.D. Tex.)
CJ-TX-0007-0019.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Denying Motion for Stay of Judgment Pending Appeal 05/19/2009 (W.D. Tex.)
CJ-TX-0007-0020.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion 05/20/2010 (607 F.3d 392)
CJ-TX-0007-0022.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Opinion 10/19/2010 (2010 WL 6511727)
CJ-TX-0007-0023.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
USCA Judgment [Affirming the Judgment of the District Court] 01/27/2011 (409 Fed.Appx. 739)
CJ-TX-0007-0021.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Order and Opinion 03/30/2011 (W.D. Tex.)
CJ-TX-0007-0027.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Denying Motion for Enforcement of Judgment] 08/24/2011 (W.D. Tex.)
CJ-TX-0007-0024.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Agreed Stipulation Of Dismissal With Prejudice 09/20/2013
CJ-TX-0007-0026.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Sixth Amended Complaint 07/29/2014
CJ-TX-0007-0025.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Austin, Andrew W. (W.D. Tex.) [Magistrate]
CJ-TX-0007-0011
Barksdale, Rhesa Hawkins (Fifth Circuit)
CJ-TX-0007-0016
Davis, W. Eugene (W.D. La., Fifth Circuit)
CJ-TX-0007-0016 | CJ-TX-0007-0021 | CJ-TX-0007-0022 | CJ-TX-0007-0023
Higginbotham, Patrick Errol (N.D. Tex., Fifth Circuit)
CJ-TX-0007-0016
Southwick, Leslie (Fifth Circuit)
CJ-TX-0007-0021 | CJ-TX-0007-0023
Wiener, Jacques Loeb Jr. (Fifth Circuit)
CJ-TX-0007-0021 | CJ-TX-0007-0022 | CJ-TX-0007-0023
Yeakel, Earl Leroy III (W.D. Tex.)
CJ-TX-0007-0001 | CJ-TX-0007-0004 | CJ-TX-0007-0005 | CJ-TX-0007-0006 | CJ-TX-0007-0007 | CJ-TX-0007-0009 | CJ-TX-0007-0010 | CJ-TX-0007-0012 | CJ-TX-0007-0014 | CJ-TX-0007-0015 | CJ-TX-0007-0017 | CJ-TX-0007-0019 | CJ-TX-0007-0020 | CJ-TX-0007-0024 | CJ-TX-0007-0027 | CJ-TX-0007-9000
Monitors/Masters None on record
Plaintiff's Lawyers Harrington, James C (Texas)
CJ-TX-0007-0002 | CJ-TX-0007-0003 | CJ-TX-0007-0008 | CJ-TX-0007-0013 | CJ-TX-0007-0018 | CJ-TX-0007-0025 | CJ-TX-0007-9000
McGiverin, Brian Rolland (Texas)
CJ-TX-0007-0025 | CJ-TX-0007-9000
Medlock, Scott Charles (Texas)
CJ-TX-0007-0002 | CJ-TX-0007-0003 | CJ-TX-0007-0008 | CJ-TX-0007-0013 | CJ-TX-0007-0018 | CJ-TX-0007-9000
Yang, Wayne Krause (Texas)
CJ-TX-0007-0025 | CJ-TX-0007-9000
Defendant's Lawyers Abbott, Greg (Texas)
CJ-TX-0007-0013
Anastasiadis, Demetri (Texas)
CJ-TX-0007-9000
Brocato, Anthony Gerard Jr. (Texas)
CJ-TX-0007-9000
Casas, Elaine A. (Texas)
CJ-TX-0007-9000
Cunniff, Celamine (Texas)
CJ-TX-0007-0013 | CJ-TX-0007-9000
Garcia, Bruce (Texas)
CJ-TX-0007-0026 | CJ-TX-0007-9000
Gardner, M. Carol (Texas)
CJ-TX-0007-0013 | CJ-TX-0007-9000
Kraber, Jennifer (Texas)
CJ-TX-0007-9000
Lantiegne, Calysta L. (Texas)
CJ-TX-0007-9000
Morales, David S. (Texas)
CJ-TX-0007-0013
Sullivan, Kent C. (Texas)
CJ-TX-0007-0013
Talbot, David A Jr. (Texas)
CJ-TX-0007-0013
Other Lawyers None on record

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