Case: Cole v. Collier

4:14-cv-01698 | U.S. District Court for the Southern District of Texas

Filed Date: June 18, 2014

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 18, 2014, four prisoners housed in the Wallace Pack Unit, a medical and geriatric prison operated by the Texas Department of Criminal Justice (TDCJ), brought suit individually and on behalf of those similarly situated in the United States District Court for the Southern District of Texas under 42 U.S.C. § 1983, the Americans with Disabilities Act (ADA), and the Rehabilitation Act against TDCJ. The plaintiffs, represented by the Texas Civil Rights Project, the University of Texas School …

On June 18, 2014, four prisoners housed in the Wallace Pack Unit, a medical and geriatric prison operated by the Texas Department of Criminal Justice (TDCJ), brought suit individually and on behalf of those similarly situated in the United States District Court for the Southern District of Texas under 42 U.S.C. § 1983, the Americans with Disabilities Act (ADA), and the Rehabilitation Act against TDCJ. The plaintiffs, represented by the Texas Civil Rights Project, the University of Texas School of Law Civil Rights Clinic, and private counsel, asked that TDCJ be required to provide safe housing conditions at the Pack Unit, claiming that the non-climate controlled interior of the Unit violated the ADA, the Rehabilitation Act, and plaintiffs' Eighth and Fourteenth Amendment rights. Specifically, the plaintiffs claimed that the failure of TDCJ to provide air conditioning to inmates at the Pack Unit during the summer constituted cruel and unusual punishment under the Eighth Amendment, and that TDCJ's failure further violated the ADA by failing to reasonably accommodate prisoners with heat-sensitive disabilities. The plaintiffs sought injunctive and declaratory relief.

The Wallace Pack Unit, operated by TDCJ, is located outside Houston, TX, in Navasota. Deep in the south of Texas, the Pack Unit is a medical facility housing geriatric prisoners, prisoners with disabilities, and prisoners with chronic mental problems. The Pack Unit dormitories, in which the vast majority of prisoners live, are not air conditioned or otherwise climate controlled. The interior of the prison in the summer regularly becomes so hot that inmates sleep on the floor, only marginally cooler than their beds, and the stainless steel tables in the dormitories become hot to the touch. Most of the prisoners at the Pack Unit who suffered heat-related illness were not working outside at the time of their illness, but were simply housed in the hot dormitories. Even the correctional officers' union made numerous public requests for the prison housing areas to be air conditioned. At the time of the complaint, TDCJ had refused to do so.

The plaintiffs (and many others at the medical and geriatric prison) suffered from disabilities, putting them at increased risk of heat-related injury or death. These disabilities are known to be exacerbated by heat, include hypertension, asthma, traumatic brain injury (TBI), COPD, and diabetes. Plaintiffs and others also took medications known to increase the risk of heat-related illness and death, including antihistamines (for allergies), Benztropine (to treat TBI), and diuretics. Several of the plaintiffs and many other inmates had suffered heat-related illness in the past.

After a year of discovery, the plaintiffs filed an amended complaint on July 6, 2015, a second amended complaint on May 9, 2016, and a third amended complaint on May 7, 2017. The court (Judge Keith P. Ellison) granted class certification on June 14, 2016. 2016 WL 3258345. He defined the certified class as, "All inmates who currently are, or in the future will be, incarcerated at the Pack Unit, and who are subjected to TDCJ's policy and practice of failing to regulate high indoor heat index temperatures in the housing areas." He also certified two subclasses, the "Heat-Sensitive Subclass" and the "Disability Subclass." The Fifth Circuit later upheld the district court's class certification decision. 868 F.3d 354.

On June 21, 2016, the Judge Ellison granted the plaintiffs' motion for a preliminary injunction requiring TDCJ to provide EPA-compliant drinking water through September 22, 2016. 2016 WL 3406439. Water at the Pack Unit had previously contained arsenic levels up to four-and-a-half times the level permitted by the EPA.

The defendants appealed the preliminary injunction to the U.S. Court of Appeals for the Fifth Circuit. On July 21, 2016, the Fifth Circuit denied the defendants' motion for a stay of Judge Ellison's injunction pending appeal. It heard oral arguments on September 27, 2016, but then dismissed the appeal as moot because the injunction had expired. 677 F. App'x. 915.

Meanwhile, in District Court, the parties continued litigation over the temperature in the Pack Unit and plaintiffs' motion for attorneys' fees. On August 17, 2016, Judge Ellison denied the defendants' motion for summary judgment.

Judge Ellison denied the plaintiffs' motion for attorney fees on December 7, 2016. He stated that the plaintiffs were not yet a prevailing party pending the Fifth Circuit's decision on the defendants' appeal of the preliminary injunction prohibiting arsenic laden water.

On May 1, 2017, the plaintiffs moved for another preliminary injunction to ensure relief for inmates during the upcoming summer months. Specifically, the plaintiffs sought an injunction ordering TDCJ to lower the temperatures inside the prison to 88 degrees and to develop a heat wave policy. In the alternative, the plaintiffs sought relief in the form of open windows, on-demand showers, monitoring of water consumption, respite areas, wellness checks, inmate trainings, portable cooling units, individual water coolers, and a transfer of heat-sensitive inmates into cooler housing.

On July 19, 2017, Judge Ellison granted the preliminary injunction in a 100-page opinion stating, "[p]risoners are human beings with spouses and children who worry about them and miss them. Some of them will likely someday be shown to have been innocent of the crimes of which they are accused. But, even those admittedly guilty of the most heinous crimes must not be denied their constitutional rights. We diminish the Constitution for all of us to the extent we deny it to anyone." He ordered TDCJ to implement a functioning respite program for the young and healthy inmates; to reduce temperatures in dormitories housing heat-sensitive inmates to 88 degrees; to place insect guards on the windows so inmates may cool down from the outdoor breeze without letting insects into their dormitories; and to develop a heat-wave policy for the Pack Unit. The preliminary injunction was to remain in place for 90 days. 2017 WL 3049540.

On August 8, 2017, Judge Ellison issued an order specifically outlining the steps the defendants were to take to satisfy the preliminary injunction. The defendants appealed this order to the Fifth Circuit Court of Appeals on August 18.

In late August, Hurricane Harvey hit the gulf and cause severe damage to the Houston area.. In light of the hurricane, and the subsequent relocation of prisoners from the Wallace Pack Unit, the defendants moved to modify the preliminary injunction.

Judge Ellison denied this motion on September 14, 2017 holding that the risk to the class members remained and the defendants had several avenues to stay in compliance with the preliminary injunction, notwithstanding the hurricane.

On October 11, 2017, Judge Ellison granted the plaintiffs' unopposed motion to extend the preliminary injunction to October 30th, given the expected heat of 88 °F through the month. The plaintiffs moved to make the order permanent on October 30th. Judge Ellison again granted an unopposed motion to extent the preliminary injunction to the summer of 2018 in January 2018.

Meanwhile, several class members had sent letters to the court requesting to be removed from the class because their transfer to air-conditioned units (in compliance with the preliminary injunction) had lead to a loss of access to services, such as substance abuse classes. Judge Ellison granted these requests on January 29, noting "many of the conditions causing the individuals to ask to leave the class exist because of TDCJ's own decisions about how to implement the court's second preliminary injunction. Nevertheless, class members may choose to be removed from the lawsuit."

The parties reached a settlement agreement on January 31, 2018 and proposed it to the court on March 6, 2018. The agreement included a settlement class defined as, "[a]ll inmates who currently are, or in the future will be, incarcerated at the Pack Unit, and who are subjected to TDCJ's policy and practice of failing to regulate high indoor heat index temperatures in the housing areas." This class included two subclasses - a 'heat sensitive' subclass and a 'disability' subclass. This settlement class narrowed the previous litigation class based on the dates in which individual class members were held at the Pack Unit.

The proposed settlement would require the prison to ensure air conditioning for class members during the summer months, a guarantee of air conditioning if class members were moved to other units, and air conditioning while being transported in vehicles. It also included $4.5 million for attorney's fees and costs. The court would maintain jurisdiction to ensure compliance until the legislature passed a bill for the installation of permanent air conditioning (temporary air conditioning would be used if the legislature did not pass a bill for permanent air conditioning).

That same day, several class members moved to stay the case, asked for independent counsel, and sought declaratory relief. They expressed concern that they had not been given input as to the settlement agreement, fear that the proposed class definition might exclude them, and frustration with the $4.5 million attorney fee award proposal.

On March 12, 2018, Judge Ellison entered an order regarding a proposed notice for class members who would no longer be a part of the class under the new class definition—specifically to notify those who become a part of the class during the injunction phase, but are not part of the class under the proposed settlement.

On March 23, 2018, Judge Ellison granted the plaintiffs' unopposed motion to extend the preliminary injunction, requiring TDCJ to comply with the proposed settlement agreement by maintaining a heat index at the Pack Unit housing areas at no greater than 88 degrees.

On March 27, 2018, Judge Ellison granted the amended certification of the Class and Subclass, but only for the purposes of effectuating the settlement, expressly stating that if the settlement was terminated or not completed, then the amended class certification was null and void. He also approved the Class Action Notice and Opt Out Form.

On April 5, 2018, 192 prisoners appealed to the 5th Circuit (189 of whom were not members of the settlement class), stating that they were members of the original class and/or subclass members who were excluded from the class and settlement. Docket No. 18-20216. The 5th Circuit dismissed the appeal for lack of jurisdiction on March 25, 2019, since the appellants were non-class members and were therefore not affected by the settlement in a way that would allow jurisdiction. The court advised the appellants that they could vindicate their constitutional rights by bringing separate legal challenges to TDCJ practices.

On June 8, 2018, Judge Ellison entered an order approving the settlement agreement, despite multiple filed objections. The court retained jurisdiction on all matters pertaining to the settlement agreement. Following this order, Judge Ellison granted various motions of class members wishing to opt out of the settlement agreement.

On August 9, 2019, the plaintiffs filed a motion to enforce the settlement agreement, due to the fact that TDCJ was imprisoning at least 37 class members in the LeBlanc Unit in Beaumont—which was supposed to be air conditioned, but was being kept at temperatures over 90 degrees—violating the terms of the settlement agreement. That same day Judge Ellison entered an order finding that the defendants were in breach of the settlement agreement and directing that the class members be moved somewhere that complied with the settlement.

On September 15, 2019, the plaintiffs filed a motion for contempt, order to show cause, and sanctions due to the defendants' repeated violations of the settlement agreement and misrepresentation of conditions that violated the settlement, which prevented discovery of violations of the agreements. On December 11, 2019, Judge Ellison entered an order granting limited discovery relating to the violations of the settlement agreement and the misrepresentations, but deferred judgment on the plaintiffs' motion for contempt. 2019 WL 6733002

Plaintiffs filed a Motion to Compel on April 10, 2020, seeking complete responses from Defendants. Defendants filed a Motion for Protective Order along with their Response Brief, seeking protection from discovery of personnel files, and of matters that happened before the relevant time period. 

Judge Ellison granted in part and denied in part both motions on May 28, 2020. Judge Ellison ordered Defendants to produce the privileged documents to the court for in camera review and ordered Defendants to supplement their responses and productions. The court granted in part Defendants’ Motion for Protective Order as relevant to the personnel files and as to discovery from prior to May 15, 2019 and after December 31, 2019. 

On May 27, 2022, Defendants filed an unopposed motion to terminate the sanctions and contempt proceedings. The motion set forth the actions Defendants had taken following the discovered non-compliance and the additional steps Defendants took after discussion with Plaintiff's Counsel. Four days later, on May 31, the court granted the motion, but also ordered Defendants to adopt specific training on the settlement agreement and have an independent engineering expert ensure that air conditioning was functioning. Additionally, the court ordered Defendants to pay $370,247.10 in attorneys' fees incurred by class counsel in connection with the sanctions and contempt proceedings.

On December 29, 2022, Defendants filed a Motion to Dismiss in regards to Plaintiffs raising a claim as to potential retaliation against class members. On February 10, 2023, the Court directed parties to conduct limited discovery on the issue in order to investigate Plaintiffs claims that Defendants were retaliating against non-wheelchair-bound class members by providing them unsafe transportation. 

Over the last several years, as this litigation has been proceeding, several motions have been filed claiming violations of the settlement agreement, or a need for emergency intervention, or motions for emergency protections orders, but all were dismissed without prejudice, usually for failure to follow the complaint procedures set forth in the settlement agreement. 

The parties began working towards an agreed order of dismissal pursuant to the court’s directive from a status conference held on May 24, 2023. 

As of October 10, 2023, an agreed order of dismissal has not yet been reached but the parties continue to report that they are working in good faith towards one. 

 

Summary Authors

Kevin Nomura (2/10/2015)

Virginia Weeks (10/17/2016)

Gabriela Hybel (3/21/2018)

Caitlin Kierum (3/29/2020)

Nina Leeds (10/10/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4393944/parties/cole-v-collier-bfont-colorred-filings-submitted-by-pro-se/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Adams, Jeffrey R. (Texas)

Addiego, Joseph Edward (Texas)

Ahn, Joan E (Texas)

Anderson, Austin W. (Texas)

Expert/Monitor/Master/Other

Amir-Sharif, Lakeith R. (Texas)

Judge(s)

Costa, Gregg Jeffrey (Texas)

Davis, W. Eugene (Louisiana)

Dennis, James L. (Louisiana)

Ellison, Keith P. (Texas)

Elrod, Jennifer Walker (Texas)

Graves, James Earl Jr. (Mississippi)

Jones, Edith Hollan (Texas)

Reavley, Thomas Morrow (Texas)

Attorney for Defendant

Adams, Jeffrey R. (Texas)

Addiego, Joseph Edward (Texas)

Ahn, Joan E (Texas)

Anderson, Austin W. (Texas)

Bailey, David (Texas)

Boyd, Phillip P. (Texas)

Brewer, William A. (Texas)

Burton, Cynthia (Texas)

Byron, Thomas (Texas)

Ceriello, Colin Mccann (Texas)

Chappell, Milton L (Texas)

Coggeshall, Jeanine Marie (Texas)

Collins, Michael J (Texas)

DiLizia, C. Daniel (Texas)

Erwin, Lori K (Texas)

Esenberg, Richard M. (Texas)

Garcia, Bruce (Texas)

Greer, Matthew J (Texas)

Hale, Andrew M. (Texas)

Jr, Larry James (Texas)

Kamenick, Thomas Claire (Texas)

Kamionski, Avi T. (Texas)

Kammerlocher, Derek Josef (Texas)

Kates, Amanda Marie (Texas)

Kazi, Rubina (Texas)

Langley, John S. (Texas)

Le'Dee', Joseph Peter (Texas)

Liller, Harold J. (Texas)

Mase, Lacey E. (Texas)

Mason, Peter Harold (Texas)

Mateer, Jeffrey C. (Texas)

McCarty, Darren L. (Texas)

McGovern, James T. (Texas)

Millimet, Robert M. (Texas)

Moczygemba, Kevin Andrew (Texas)

Nathan, Shneur Z. (Texas)

Neuhoff, Daniel Christopher (Texas)

New, Benjamin Eliot (Texas)

O'Leary, Leah Jean (Texas)

Pardo, Michelle C. (Texas)

Paxton, Ken (Texas)

Phillpotts, Nadine (Texas)

Rasmussen, Lisa A (Texas)

Reynolds, Jeremiah Tracy (Texas)

Rosenberg, Christina Liu (Texas)

Ross, Ted A. (Texas)

Saba, Christopher James (Texas)

Sanders, Robert E. (Texas)

Simpson, John Morgan (Texas)

Sorrell, Todd Matthew (Texas)

Starr, Brantley David (Texas)

Swift, David Wesley (Texas)

Tulinski, Pat (Texas)

Tulinski, Patricia M (Texas)

Walls, S. Ann (Texas)

Warner, Craig Michael (Texas)

Webb, Brianna Marie (Texas)

Weltge, Evan William (Texas)

Expert/Monitor/Master/Other

Amir-Sharif, Lakeith R. (Texas)

Armstrong, Ronnie (Texas)

Bailey, Derek M. (Texas)

Barrow, Ronnald L (Texas)

Baughman, Steven Kurt (Texas)

Beasley, Sidney (Texas)

Bridges, Jason (Texas)

Britton, Billy Joe (Texas)

Burks, Antwain (Texas)

Butler, Allen (Texas)

Butler, Quincy Deshan (Texas)

Camarata, James Michael (Texas)

Chung, Jay Yoon (Texas)

Clegg, George S. (Texas)

Cloud, John (Texas)

Coleman, Brandon Blake (Texas)

Collins, Douglas (Texas)

Dobbins, Jeffery (Texas)

Douthit, Shannon Mark (Texas)

Fairfax, Clifford (Texas)

Ford, John (Texas)

Ford, Patrick (Texas)

Franklin, Terry Reece (Texas)

Freeman, Trevais (Texas)

Galloway, Steve (Texas)

Gresham, Ryan D (Texas)

Guffey, Christopher (Texas)

Gutierrez, Robert (Texas)

Hall, Robert Lewis (Texas)

Haskell, Merrill (Texas)

Hayes, Gerald A (Texas)

Hernandez, Alvaro Luna (Texas)

Hollingsworth, Clem (Texas)

Howard, Ryan (Texas)

Jaxson, Richard (Texas)

Johnson, R Wayne (Texas)

Jones, Kelvin (Texas)

Jones, Tashumbre L. (Texas)

Jones, Jorge (Texas)

Jr, David Robert (Texas)

Jr, Jose Armando (Texas)

Jr, Rell Angton, (Texas)

Jr, William Marshall (Texas)

Jr, Wisdom L (Texas)

Jr, James E (Texas)

Jr, Charles A (Texas)

Jurek, Robert W (Texas)

Kofnovel, Casey Kaleb (Texas)

Lares, Richard (Texas)

Lozano, Eric Demond (Texas)

Malouff, Charlie (Texas)

Martinez, Mario (Texas)

Meeks, James A. (Texas)

Minix, Paul (Texas)

Molina, Rudy Garza (Texas)

Motte, Leo (Texas)

Natt, Marcus (Texas)

Needleman, Scott R (Texas)

Newman, Barry (Texas)

Ortiz, Anthony (Texas)

Parker, Steve (Texas)

Perez, Steven (Texas)

Peterman, Herman Arthur (Texas)

Pickard, Dennis (Texas)

Puga, Daniel (Texas)

Reeves, Jack (Texas)

Roberts, Robert Leon (Texas)

Seaton, Dusty (Texas)

Sherman, Stanley Bernard (Texas)

Smith, Jason P. (Texas)

Smith, Emery F. (Texas)

Soto, Esteban (Texas)

Staley, Jackie (Texas)

Stephen, James (Texas)

Stewart, Darl Allen (Texas)

Thomas, Jerry L. (Texas)

Thunderhorse, Iron (Texas)

Torres, Raymond (Texas)

Tran, Dung (Texas)

Trigilio, Trisha (Texas)

Veazey, David Robert Jr. (Texas)

Voris, Robert Arthur (Texas)

Walton, Michael (Texas)

Williams, Wayne Windell (Texas)

Wilson, Clayton (Texas)

Wilson, Kevin Wade (Texas)

show all people

Documents in the Clearinghouse

Document

4:14-cv-01698

Docket

April 10, 2020

April 10, 2020

Docket
1

4:14-cv-01698

Complaint

Bailey v. Livingston

June 18, 2014

June 18, 2014

Complaint
412

4:14-cv-01698

Second Amended Class Action Complaint

Cole v. Livingston

May 6, 2016

May 6, 2016

Complaint
473

4:14-cv-01698

Memorandum and Order

Cole v. Livingston

June 14, 2016

June 14, 2016

Order/Opinion

2016 WL 2016

477

4:14-cv-01698

Order for Preliminary Injunction

Cole v. Livingston

June 21, 2016

June 21, 2016

Order/Opinion

2016 WL 2016

584

4:14-cv-01698

Order

Bailey v. Collier

Dec. 7, 2016

Dec. 7, 2016

Order/Opinion
595

4:14-cv-01698

Appeal From the United States District Court For the Southern District of Texas

Yates v. Collier

U.S. Court of Appeals for the Fifth Circuit

Feb. 22, 2017

Feb. 22, 2017

Order/Opinion
629

4:14-cv-01698

Third Amended Class Action Complaint

May 7, 2017

May 7, 2017

Complaint
737

4:14-cv-01698

Memorandum and Opinion Setting Out Findings of Fact and Conclusions of Law

July 19, 2017

July 19, 2017

Order/Opinion

2017 WL 2017

771

4:14-cv-01698

Order

Aug. 8, 2017

Aug. 8, 2017

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4393944/cole-v-collier-bfont-colorred-filings-submitted-by-pro-se/

Last updated Feb. 23, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541-13306294) filed by Nicholas Diaz, David Bailey, Keith Cole, Marvin Ray Yates. (Attachments: # 1 Civil Cover Sheet)(Edwards, Jeffrey) (Entered: 06/18/2014)

1 Civil Cover Sheet

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June 18, 2014

June 18, 2014

Clearinghouse
2

Request for Issuance of Summons as to All Defendants, filed.(Edwards, Jeffrey) (Entered: 06/18/2014)

June 18, 2014

June 18, 2014

PACER
3

CERTIFICATE OF INTERESTED PARTIES by David Bailey, Keith Cole, Nicholas Diaz, Marvin Ray Yates, filed.(Edwards, Jeffrey) (Entered: 06/18/2014)

June 18, 2014

June 18, 2014

PACER

Summons Issued as to Roberto Herrera, Brad Livingston, Texas Department of Criminal Justice. Issued summons returned to counsel for plaintiff by: First-class mail, filed.(jdav, 4)

June 19, 2014

June 19, 2014

PACER
4

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 11/7/2014 at 09:30 AM in Courtroom 3A before Judge Keith P Ellison(Signed by Judge Keith P Ellison) Parties notified.(wbostic, 4) (Entered: 06/19/2014)

June 19, 2014

June 19, 2014

PACER
5

MOTION to Certify Class, MOTION to Expedite Discovery( Motion Docket Date 7/10/2014.) by David Bailey, Keith Cole, Nicholas Diaz, Marvin Ray Yates, filed. (Attachments: # 1 Appendix, # 2 Proposed Order)(Edwards, Jeffrey) (Entered: 06/19/2014)

1 Appendix

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2 Proposed Order

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June 19, 2014

June 19, 2014

PACER

Summons Issued as to Roberto Herrera, Brad Livingston, Texas Department of Criminal Justice. Issued summons and left them for pickup in the Clerk's Office, filed.(glyons, 4)

June 27, 2014

June 27, 2014

PACER
6

NOTICE of Appearance by Brian McGiverin, Wayne Krause Yang, James Harrington on behalf of David Bailey, Keith Cole, Nicholas Diaz, Marvin Ray Yates, filed. (McGiverin, Brian) (Entered: 07/02/2014)

July 2, 2014

July 2, 2014

PACER
7

MOTION To Join This Litigation by Interested Party, Charles C Taylor, filed. Motion Docket Date 7/31/2014. (mmarquez, 5) (Entered: 07/10/2014)

July 10, 2014

July 10, 2014

PACER
8

NOTICE of Appearance by Wayne Krause Yang on behalf of David Bailey, Keith Cole, Nicholas Diaz, Marvin Ray Yates, filed. (Krause, Wayne) (Entered: 07/14/2014)

July 14, 2014

July 14, 2014

PACER
9

NOTICE of Appearance by James C. Harrington on behalf of David Bailey, Keith Cole, Nicholas Diaz, Marvin Ray Yates, filed. (Harrington, James) (Entered: 07/14/2014)

July 14, 2014

July 14, 2014

PACER
10

NOTICE by Roberto Herrera, Brad Livingston, Texas Department of Criminal Justice, filed. (Attachments: # 1 Continuation Brief in Support, # 2 Continuation Declaration, # 3 Continuation Certificate of Service, # 4 Exhibit 1(Schedule of Actions), # 5 Exhibit 2(HIN Complaint), # 6 Exhibit 3(HIN Docket), # 7 Exhibit 4(MAR Complaint), # 8 Exhibit 5(MAR Docket), # 9 Exhibit 6(McC Complaint), # 10 Exhibit 7(McC Docket), # 11 Exhibit 8(WEB Complaint), # 12 Exhibit 9(WEB Docket), # 13 Exhibit 10(ADA Complaint), # 14 Exhibit 11(ADA Docket), # 15 Exhibit 12(TOG Complaint), # 16 Exhibit 13(TOG Docket), # 17 Exhibit 14(BAI Complaint), # 18 Exhibit 15(BAI Docket), # 19 Exhibit 16(Federal Court Management Statistics), # 20 Exhibit 17(MDL Dockets by District))(Burton, Cynthia) (Entered: 07/15/2014)

1 Continuation Brief in Support

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2 Continuation Declaration

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3 Continuation Certificate of Service

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4 Exhibit 1(Schedule of Actions)

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5 Exhibit 2(HIN Complaint)

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6 Exhibit 3(HIN Docket)

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7 Exhibit 4(MAR Complaint)

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8 Exhibit 5(MAR Docket)

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9 Exhibit 6(McC Complaint)

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10 Exhibit 7(McC Docket)

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11 Exhibit 8(WEB Complaint)

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12 Exhibit 9(WEB Docket)

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13 Exhibit 10(ADA Complaint)

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14 Exhibit 11(ADA Docket)

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15 Exhibit 12(TOG Complaint)

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16 Exhibit 13(TOG Docket)

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17 Exhibit 14(BAI Complaint)

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18 Exhibit 15(BAI Docket)

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19 Exhibit 16(Federal Court Management Statistics)

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20 Exhibit 17(MDL Dockets by District)

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July 15, 2014

July 15, 2014

PACER
11

Unopposed MOTION for Extension of Time Answer to July 25, 2014 and respond to motion for class certification to Aug.1, 2014 by Roberto M Herrera, Brad Livingston, Texas Department of Criminal Justice, filed. Motion Docket Date 8/8/2014. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Burton, Cynthia) (Entered: 07/18/2014)

1 Exhibit A

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2 Proposed Order

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July 18, 2014

July 18, 2014

PACER
12

ORDER granting 11 Unopposed Motion for Extension of Time Answer due by 7/25/2014. Response to Plaintiffs' motion for class certification due by 8/1/2014.(Signed by Judge Keith P Ellison) Parties notified.(sloewe, 4) (Entered: 07/22/2014)

July 21, 2014

July 21, 2014

PACER
13

ANSWER to 1 Complaint by Roberto M Herrera, Brad Livingston, Texas Department of Criminal Justice, filed.(Burton, Cynthia) (Entered: 07/25/2014)

July 25, 2014

July 25, 2014

RECAP
14

CERTIFICATE OF INTERESTED PARTIES by Roberto M Herrera, Brad Livingston, Texas Department of Criminal Justice, filed.(Burton, Cynthia) (Entered: 07/25/2014)

July 25, 2014

July 25, 2014

PACER
15

NOTICE OF APPEARANCE FILED IN MDL 2569 by Roberto M Herrera, Brad Livingston, Texas Department of Criminal Justice, filed. (Burton, Cynthia) (Entered: 07/28/2014)

July 28, 2014

July 28, 2014

PACER
16

NOTICE of Appearance by Ranjana Natarajan on behalf of David Bailey, Keith Cole, Nicholas Diaz, Marvin Ray Yates, filed. (Natarajan, Ranjana) (Entered: 07/29/2014)

July 29, 2014

July 29, 2014

PACER
17

NOTICE OF FILING IN MDL 2569 by Roberto M Herrera, Brad Livingston, Texas Department of Criminal Justice, filed. (Burton, Cynthia) (Entered: 07/29/2014)

July 29, 2014

July 29, 2014

PACER
18

AMENDED ANSWER to by Roberto M Herrera, Brad Livingston, Texas Department of Criminal Justice, filed. (Burton, Cynthia) (Entered: 07/31/2014)

July 31, 2014

July 31, 2014

PACER
19

Letter to Court from Charles C. Taylor re: request of docket sheet and fees for copy, filed. (dahumada, 1) (Entered: 07/31/2014)

July 31, 2014

July 31, 2014

PACER
20

Petition to Intervene as Class Action Plaintiff by Charles C Taylor, filed. Motion Docket Date 8/21/2014. (dahumada, 1) (Entered: 07/31/2014)

July 31, 2014

July 31, 2014

PACER
21

Joint JOINT DISCOVERY/CASE MANAGEMENT PLAN by David Bailey, Keith Cole, Nicholas Diaz, Marvin Ray Yates, filed.(Edwards, Jeffrey) (Entered: 07/31/2014)

July 31, 2014

July 31, 2014

PACER
22

DEMAND for Trial by Jury by Roberto M Herrera, Brad Livingston, Texas Department of Criminal Justice, filed.(Burton, Cynthia) (Entered: 08/01/2014)

Aug. 1, 2014

Aug. 1, 2014

PACER
23

MOTION to Dismiss PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND, IN THE ALTERNATIVE, MOTION FOR EXPEDITED DISCOVERY by Roberto M Herrera, Brad Livingston, Texas Department of Criminal Justice, filed. Motion Docket Date 8/22/2014. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Burton, Cynthia) (Entered: 08/01/2014)

1 Exhibit A

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2 Proposed Order

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Aug. 1, 2014

Aug. 1, 2014

PACER
24

SUPPLEMENT to 21 JointDiscovery/Case Management Plan by David Bailey, Keith Cole, Nicholas Diaz, Marvin Ray Yates, filed.(Edwards, Jeffrey) (Entered: 08/05/2014)

Aug. 5, 2014

Aug. 5, 2014

PACER
25

Unopposed MOTION for Extension of Time to File Responsive Pleading by David Bailey, Keith Cole, Nicholas Diaz, Marvin Ray Yates, filed. Motion Docket Date 8/27/2014. (Attachments: # 1 Proposed Order)(Edwards, Jeffrey) (Entered: 08/06/2014)

1 Proposed Order

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Aug. 6, 2014

Aug. 6, 2014

PACER
26

MOTION to be added as Plaintiff, filed. Motion Docket Date 8/28/2014. (dterrell, 2) (Entered: 08/07/2014)

Aug. 7, 2014

Aug. 7, 2014

PACER
27

ORDER granting 25 Motion for Extension of Time. Response due by 8/21/2014.(Signed by Judge Keith P Ellison) Parties notified.(rsmith, 4) (Entered: 08/08/2014)

Aug. 8, 2014

Aug. 8, 2014

PACER
28

NOTICE of Setting. Parties notified. Scheduling Conference set for 8/15/2014 at 02:00 PM in Courtroom 3A Houston before Judge Keith P Ellison, filed. (rsmith, 4) (Entered: 08/11/2014)

Aug. 11, 2014

Aug. 11, 2014

RECAP
29

NOTICE of Appearance by Matthew J. Greer on behalf of Roberto M Herrera, Brad Livingston, Texas Department of Criminal Justice, filed. (Greer, Matthew) (Entered: 08/12/2014)

Aug. 12, 2014

Aug. 12, 2014

PACER
30

Unopposed MOTION for Leave to File Excess Pages by David Bailey, Keith Cole, Nicholas Diaz, Marvin Ray Yates, filed. Motion Docket Date 9/4/2014. (Attachments: # 1 Proposed Order)(Edwards, Jeffrey) (Entered: 08/14/2014)

1 Proposed Order

View on PACER

Aug. 14, 2014

Aug. 14, 2014

PACER
31

STATEMENT OF ISSUES AND LEGAL ARGUMENT FOR HEARING SET ON AUGUST 15, 2014 AT 2:00P.M. re: 28 Notice of Setting (FORM, noticing) - Judge Ellison by Roberto M Herrera, Brad Livingston, Texas Department of Criminal Justice, filed. (Attachments: # 1 Proposed Order)(Burton, Cynthia) (Entered: 08/14/2014)

1 Proposed Order

View on PACER

Aug. 14, 2014

Aug. 14, 2014

PACER
32

RESPONSE to 31 Statement,, filed by David Bailey, Keith Cole, Nicholas Diaz, Marvin Ray Yates. (Edwards, Jeffrey) (Entered: 08/15/2014)

Aug. 15, 2014

Aug. 15, 2014

PACER
33

Letter from Charles C. Taylor, Jr. Re: Requesting name correction, filed. (marflores, 4). (Entered: 08/15/2014)

Aug. 15, 2014

Aug. 15, 2014

PACER
34

NOTICE Defendants' Notice of Initial Disclosures to Plaintiffs by Roberto M Herrera, Brad Livingston, Texas Department of Criminal Justice, filed. (Burton, Cynthia) (Entered: 08/15/2014)

Aug. 15, 2014

Aug. 15, 2014

PACER
35

ORDER granting 30 Motion for Leave to File Excess Pages.(Signed by Judge Keith P Ellison) Parties notified.(amwilliams, 4) (Entered: 08/15/2014)

Aug. 15, 2014

Aug. 15, 2014

PACER
36

NOTICE of Initial Disclosures to Defendants by David Bailey, Keith Cole, Nicholas Diaz, Marvin Ray Yates, filed. (Edwards, Jeffrey) (Entered: 08/15/2014)

Aug. 15, 2014

Aug. 15, 2014

PACER

Minute Entry for proceedings held before Judge Keith P Ellison. SCHEDULING CONFERENCE held on 8/15/2014. Scheduling is taken under advisement. Appearances:(Law Clerk: Renata Strause). Brian Rolland McGiverin, Cynthia Burton, Ranjara Natarjan. (Court Reporter: Kathy Miller), filed.(sloewe, 4)

Aug. 15, 2014

Aug. 15, 2014

PACER
37

Petition for Discovery by Charles C Taylor, Jr, filed. Motion Docket Date 9/8/2014. (avleal, 1) (Additional attachment(s) added on 8/18/2014: # 1 Cover Letter) (avleal, 1). (Entered: 08/18/2014)

1 Cover Letter

View on PACER

Aug. 18, 2014

Aug. 18, 2014

PACER
38

Petition for Leave to Join as Additional Plaintif, filed. Motion Docket Date 9/8/2014. (dgonzalez, 5) (Entered: 08/18/2014)

Aug. 18, 2014

Aug. 18, 2014

PACER
39

MOTION to Join as Additional Plaintiff by John Cloud, filed. Motion Docket Date 9/8/2014. (dnoriega, 1) (Entered: 08/18/2014)

Aug. 18, 2014

Aug. 18, 2014

PACER
40

ADVISORY by Roberto M Herrera, Brad Livingston, Texas Department of Criminal Justice, filed.(Burton, Cynthia) (Entered: 08/20/2014)

Aug. 20, 2014

Aug. 20, 2014

PACER
41

REPLY to 5 MOTION to Certify Class MOTION to Expedite Discovery, filed by David Bailey, Keith Cole, Nicholas Diaz, Marvin Ray Yates. (Attachments: # 1 Appendix)(Edwards, Jeffrey) (Entered: 08/21/2014)

1 Appendix

View on PACER

Aug. 21, 2014

Aug. 21, 2014

PACER
42

RESPONSE to 20 MOTION to Intervene, 39 MOTION to Join as Additional Plaintiff, 38 MOTION for Leave to File to Join as Additional Plaintif, 26 MOTION to be added as Plaintiff, filed by David Bailey, Keith Cole, Nicholas Diaz, Marvin Ray Yates. (Attachments: # 1 Proposed Order)(Edwards, Jeffrey) (Entered: 08/21/2014)

1 Proposed Order

View on PACER

Aug. 21, 2014

Aug. 21, 2014

PACER
43

MOTION to Intervene by David R Veazey, Jr, filed. Motion Docket Date 9/15/2014. (lcayce, 2) (Entered: 08/25/2014)

Aug. 25, 2014

Aug. 25, 2014

PACER
44

Opposed MOTION to Stay ALL DISCOVERY by Roberto M Herrera, Brad Livingston, Texas Department of Criminal Justice, filed. Motion Docket Date 9/15/2014. (Attachments: # 1 Proposed Order)(Burton, Cynthia) (Entered: 08/25/2014)

1 Proposed Order

View on PACER

Aug. 25, 2014

Aug. 25, 2014

RECAP
45

OBJECTIONS to 20 MOTION to Intervene, 43 MOTION to Intervene, 39 MOTION to Join as Additional Plaintiff, 38 MOTION for Leave to File to Join as Additional Plaintif, 26 MOTION to be added as Plaintiff, filed by Roberto M Herrera, Brad Livingston, Texas Department of Criminal Justice. (Attachments: # 1 Proposed Order)(Burton, Cynthia) (Entered: 08/28/2014)

1 Proposed Order

View on PACER

Aug. 28, 2014

Aug. 28, 2014

PACER
46

NOTICE JOINT ADVISORY by Roberto M Herrera, Brad Livingston, Texas Department of Criminal Justice, filed. (Burton, Cynthia) (Entered: 08/28/2014)

Aug. 28, 2014

Aug. 28, 2014

PACER
47

Petition to Intervene as Class-Action by Mark A Smith, filed. Motion Docket Date 9/23/2014. (mmapps, 4) (Entered: 09/02/2014)

Sept. 2, 2014

Sept. 2, 2014

PACER
48

Petition to Intervene as Class-Action by Blaine D Elder, filed. Motion Docket Date 9/23/2014. (mmapps, 4) (Entered: 09/02/2014)

Sept. 2, 2014

Sept. 2, 2014

PACER
49

Petition to Intervene Class-Action by Merrill Haskell, filed. Motion Docket Date 9/23/2014. (mmapps, 4) (Entered: 09/02/2014)

Sept. 2, 2014

Sept. 2, 2014

PACER
50

Petition to Intervene Class-Action by Robert Blake King, filed. Motion Docket Date 9/23/2014. (mmapps, 4) (Entered: 09/02/2014)

Sept. 2, 2014

Sept. 2, 2014

PACER
51

Petition to Intervene Class-Action by Christopher King, filed. Motion Docket Date 9/23/2014. (mmapps, 4) (Entered: 09/02/2014)

Sept. 2, 2014

Sept. 2, 2014

PACER
52

MOTION to Intervene by Emery F. Smith, filed. Motion Docket Date 9/23/2014. (marflores, 4). (Entered: 09/02/2014)

Sept. 2, 2014

Sept. 2, 2014

PACER
53

RESPONSE to 32 Response TO PLAINTIFFS' DOC. NO. 32 CONTAINING A REQUEST FOR TEMPERATURE AND HUMIDITY DETECTION AND RECORDING DEVICES, filed by Roberto M Herrera, Brad Livingston, Texas Department of Criminal Justice. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Burton, Cynthia) (Entered: 09/02/2014)

1 Exhibit 1

View on PACER

2 Proposed Order

View on PACER

Sept. 2, 2014

Sept. 2, 2014

RECAP
54

Opposed MOTION for Extension of Time To Respond to Plaintiffs' Doc. No. 41. by Roberto M Herrera, Brad Livingston, Texas Department of Criminal Justice, filed. Motion Docket Date 9/23/2014. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Burton, Cynthia) (Entered: 09/02/2014)

1 Exhibit A

View on PACER

2 Proposed Order

View on PACER

Sept. 2, 2014

Sept. 2, 2014

PACER
55

MOTION to Dismiss by Richard Jaxson, filed. Motion Docket Date 9/23/2014. (bcampos, 1) (Entered: 09/03/2014)

Sept. 2, 2014

Sept. 2, 2014

PACER
56

OBJECTION to 1 Complaint, filed by Richard Jaxson. (marflores, 4). (Entered: 09/03/2014)

Sept. 2, 2014

Sept. 2, 2014

PACER
57

MOTION to Intervene by Jorge Jones, filed. Motion Docket Date 9/24/2014. (gsalinas, 5) (Entered: 09/03/2014)

Sept. 3, 2014

Sept. 3, 2014

PACER
58

Proposed Intervener's OBJECTIONS to Plaintiffs' Response in Opposition to Motions to Intervene filed by John Cloud. (bcampos, 1) (Entered: 09/03/2014)

Sept. 3, 2014

Sept. 3, 2014

PACER
59

Opposed MOTION to Supplement To Doc. No. 54 as to 54 Opposed MOTION for Extension of Time To Respond to Plaintiffs' Doc. No. 41. by Roberto M Herrera, Brad Livingston, Texas Department of Criminal Justice, filed. Motion Docket Date 9/24/2014. (Attachments: # 1 Proposed Order)(Burton, Cynthia) (Entered: 09/03/2014)

1 Proposed Order

View on PACER

Sept. 3, 2014

Sept. 3, 2014

PACER
60

ORDER FOR EXPEDITED BRIEFING. (Signed by Judge Keith P Ellison) Parties notified.(sloewe, 4) (Entered: 09/03/2014)

Sept. 3, 2014

Sept. 3, 2014

PACER
61

Amicus Curiae BRIEF by John Cloud, filed.(amwilliams, 4) (Entered: 09/04/2014)

Sept. 3, 2014

Sept. 3, 2014

PACER
63

DUPLICATIVE ORDER TO DOCKET NO. 60 ORDER to Respond 54 Opposed MOTION for Extension of Time To Respond to Plaintiffs' Doc. No. 41. ( Responses due by 9/9/2014.) (Signed by Judge Keith P Ellison) Parties notified. (wbostic, 4) Modified on 9/5/2014 (sloewe, 4). (Entered: 09/05/2014)

Sept. 3, 2014

Sept. 3, 2014

PACER
62

AO 435 TRANSCRIPT ORDER FORM by Jeff Edwards. This is to order a transcript of Hearing held on 8/15/2014 before Judge Keith P Ellison (Original). Court Reporter: K. Miller, filed. (pcrawford, 4) (Entered: 09/05/2014)

Sept. 5, 2014

Sept. 5, 2014

PACER
64

RESPONSE to 54 Opposed MOTION for Extension of Time To Respond to Plaintiffs' Doc. No. 41. filed by David Bailey, Keith Cole, Nicholas Diaz, Marvin Ray Yates. (Attachments: # 1 Proposed Order)(Edwards, Jeffrey) (Entered: 09/05/2014)

1 Proposed Order

View on PACER

Sept. 5, 2014

Sept. 5, 2014

PACER
65

MOTION to Intervene by Rudy Garza Molina, filed. Motion Docket Date 9/29/2014. (mperez, 1) (Entered: 09/09/2014)

Sept. 8, 2014

Sept. 8, 2014

PACER
66

REPLY to 64 Response to Motion FOR EXTENSION OF TIME, filed by Roberto M Herrera, Brad Livingston, Texas Department of Criminal Justice. (Burton, Cynthia) (Entered: 09/09/2014)

Sept. 9, 2014

Sept. 9, 2014

PACER
67

ORDER granting extension of time 54 . Defendant must file any Response to Docket Entry 41 by 10/15/2014. (Signed by Judge Keith P Ellison) Parties notified. (wbostic, 4) (Entered: 09/10/2014)

Sept. 9, 2014

Sept. 9, 2014

PACER
68

Letter from Inmate, Clifford J. Fairfax re: request for copy of complaint, motion to dismiss and motion for class certification, filed. (bcampos, 1) (Entered: 09/10/2014)

Sept. 10, 2014

Sept. 10, 2014

PACER
69

NOTICE of Change of Address by Blaine D Elder, filed. (dahumada, 1) (Entered: 09/11/2014)

Sept. 11, 2014

Sept. 11, 2014

PACER
70

EMERGENCY MOTION( Motion Docket Date 10/3/2014.), MOTION for Order Directing Defendants to Disclose Location of Temperature Devices by David Bailey, Keith Cole, Nicholas Diaz, Marvin Ray Yates, filed. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Edwards, Jeffrey) (Entered: 09/12/2014)

1 Exhibit 1

View on PACER

2 Proposed Order

View on PACER

Sept. 12, 2014

Sept. 12, 2014

PACER
71

ORDER re: 70 Emergency Motion for Order Directing Defendants to Disclose Location of Temperature Devices. A response should be filed by no later than NOON on Tuesday, September 16, 2014. Any reply to the Defendants' response should be filed by no later than NOON on Thursday, September 18,2014.(Signed by Judge Keith P Ellison) Parties notified.(rsmith, 4) Modified on 9/12/2014 (rsmith, 4). (Entered: 09/12/2014)

Sept. 12, 2014

Sept. 12, 2014

PACER
72

MOTION to Intervene by Marcus Natt, filed. Motion Docket Date 10/6/2014. (jtabares, 1) (Entered: 09/15/2014)

Sept. 15, 2014

Sept. 15, 2014

PACER
73

MOTION to Intervene by David Robert Veazey, Jr, filed. Motion Docket Date 10/6/2014. (mperez, 1) (Entered: 09/15/2014)

Sept. 15, 2014

Sept. 15, 2014

PACER
74

ADVISORY by Roberto M Herrera, Brad Livingston, Texas Department of Criminal Justice, filed. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Burton, Cynthia) (Entered: 09/15/2014)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

Sept. 15, 2014

Sept. 15, 2014

PACER
75

RESPONSE to 70 EMERGENCY MOTION MOTION for Order Directing Defendants to Disclose Location of Temperature Devices filed by Roberto M Herrera, Brad Livingston, Texas Department of Criminal Justice. (Attachments: # 1 Proposed Order)(Burton, Cynthia) (Entered: 09/15/2014)

1 Proposed Order

View on PACER

Sept. 15, 2014

Sept. 15, 2014

PACER
76

RESPONSE to 72 MOTION to Intervene, 57 MOTION to Intervene, 52 MOTION to Intervene, 43 MOTION to Intervene, 50 MOTION to Intervene, 51 MOTION to Intervene, 47 MOTION to Intervene, 49 MOTION to Intervene, 65 MOTION to Intervene, 48 MOTION to Intervene, 73 MOTION to Intervene filed by David Bailey, Keith Cole, Nicholas Diaz, Marvin Ray Yates. (Attachments: # 1 Proposed Order)(Edwards, Jeffrey) (Entered: 09/15/2014)

1 Proposed Order

View on PACER

Sept. 15, 2014

Sept. 15, 2014

PACER
77

RESPONSE to 44 Opposed MOTION to Stay ALL DISCOVERY filed by David Bailey, Keith Cole, Nicholas Diaz, Marvin Ray Yates. (Attachments: # 1 Proposed Order)(Edwards, Jeffrey) (Entered: 09/15/2014)

1 Proposed Order

View on PACER

Sept. 15, 2014

Sept. 15, 2014

PACER
78

REPLY in Support of 70 EMERGENCY MOTION MOTION for Order Directing Defendants to Disclose Location of Temperature Devices, filed by David Bailey, Keith Cole, Nicholas Diaz, Marvin Ray Yates. (Edwards, Jeffrey) (Entered: 09/16/2014)

Sept. 16, 2014

Sept. 16, 2014

PACER
79

Petition to Intervene filed by Jason Bridges.(gsalinas, 5) (Entered: 09/16/2014)

Sept. 16, 2014

Sept. 16, 2014

PACER
80

MOTION to Intervene by Jay Yoon Chung, filed. Motion Docket Date 10/9/2014. (jguajardo, 4) (Entered: 09/18/2014)

Sept. 18, 2014

Sept. 18, 2014

PACER
81

Letter from Virgil E. Wright re: Petition to Intervene as Class-Action Plaintiff, filed. (mxperez, 5) (Entered: 09/19/2014)

Sept. 19, 2014

Sept. 19, 2014

PACER
82

ORDER (Signed by Judge Keith P Ellison) Parties notified.(sloewe, 4) (Entered: 09/19/2014)

Sept. 19, 2014

Sept. 19, 2014

RECAP
83

MOTION to Intervene by James Michael Camarata, filed. Motion Docket Date 10/10/2014. (vrios, 2) (Entered: 09/19/2014)

Sept. 19, 2014

Sept. 19, 2014

PACER
84

PETITION TO INTERVENE AS CLASS ACTION PLAINTIFF, filed. Motion Docket Date 10/10/2014. (mxperez, 5) (Entered: 09/19/2014)

Sept. 19, 2014

Sept. 19, 2014

PACER
85

NOTICE Defendants' Notice of First Supplemental Disclosures to Plaintiffs by Roberto M Herrera, Brad Livingston, Texas Department of Criminal Justice, filed. (Burton, Cynthia) (Entered: 09/19/2014)

Sept. 19, 2014

Sept. 19, 2014

PACER
86

AMENDED 51 MOTION( Motion Docket Date 10/14/2014.), MOTION to Intervene by Christopher King, filed. (sguevara, 4) (Entered: 09/22/2014)

Sept. 22, 2014

Sept. 22, 2014

PACER
87

MOTION to Intervene by Ronnie Armstrong, filed. Motion Docket Date 10/14/2014. (sguevara, 4) (Entered: 09/22/2014)

Sept. 22, 2014

Sept. 22, 2014

PACER
88

MOTION to Intervene by Rudy Garza Molina, filed. Motion Docket Date 10/14/2014. (sgonzalez, 5) (Entered: 09/23/2014)

Sept. 23, 2014

Sept. 23, 2014

PACER
89

MOTION to Intervene by Tashumbre L. Jones, filed. Motion Docket Date 10/14/2014. (sgonzalez, 5) (Entered: 09/23/2014)

Sept. 23, 2014

Sept. 23, 2014

PACER
90

RESPONSE to 56 Objections, 55 MOTION to Dismiss, filed by David Bailey, Keith Cole, Nicholas Diaz, Marvin Ray Yates. (Attachments: # 1 Proposed Order)(Edwards, Jeffrey) (Entered: 09/23/2014)

1 Proposed Order

View on PACER

Sept. 23, 2014

Sept. 23, 2014

PACER
91

RESPONSE in Opposition to 72 MOTION to Intervene, 83 MOTION to Intervene, 57 MOTION to Intervene, 52 MOTION to Intervene, 86 AMENDED 51 MOTION MOTION to Intervene, 50 MOTION to Intervene, 49 MOTION to Intervene, 73 MOTION to Intervene, 84 MOTION to Intervene, 88 MOTION to Intervene, 87 MOTION to Intervene, 89 MOTION to Intervene, 80 MOTION to Intervene, 51 MOTION to Intervene, 47 MOTION to Intervene, 65 MOTION to Intervene, 48 MOTION to Intervene, filed by Roberto M Herrera, Brad Livingston, Texas Department of Criminal Justice. (Attachments: # 1 Proposed Order)(Burton, Cynthia) (Entered: 09/23/2014)

1 Proposed Order

View on PACER

Sept. 23, 2014

Sept. 23, 2014

PACER
92

Letter from DeMarcus Franklin re: Party "Moves this Court to Intervene facing "Death" by deadly heat exposure with critical medical conditions", filed. (mmarquez, 5) (Entered: 09/25/2014)

Sept. 25, 2014

Sept. 25, 2014

PACER
93

MOTION to intervene by Thomas Byron, filed. Motion Docket Date 10/16/2014. (ltrevino, 3) (Entered: 09/25/2014)

Sept. 25, 2014

Sept. 25, 2014

PACER
94

MOTION to Intervene by Casey Kaleb Kofnovel, filed. Motion Docket Date 10/16/2014. (ltrevino, 3) (Entered: 09/25/2014)

Sept. 25, 2014

Sept. 25, 2014

PACER
95

MOTION to Intervene by Clifford Fairfax, filed. Motion Docket Date 10/17/2014. (vrios, 2) (Entered: 09/26/2014)

Sept. 26, 2014

Sept. 26, 2014

PACER
96

TRANSCRIPT re: Hearing held on August 15, 2014 before Judge Keith P Ellison. Court Reporter/Transcriber Kathleen K. Miller. Ordering Party Jeff Edwards Release of Transcript Restriction set for 12/26/2014., filed. (kmiller, ) (Entered: 09/26/2014)

Sept. 26, 2014

Sept. 26, 2014

PACER
97

MOTION to Intervene by James Stephen, filed. Motion Docket Date 10/17/2014. (vrios, 2) (Entered: 09/26/2014)

Sept. 26, 2014

Sept. 26, 2014

PACER

Case Details

State / Territory: Texas

Case Type(s):

Prison Conditions

Disability Rights

Special Collection(s):

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: June 18, 2014

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All inmates who currently are, or in the future will be, incarcerated at the Pack Unit, and who are subjected to TDCJ's policy and practice of failing to regulate high indoor heat index temperatures in the housing areas

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Texas Department of Criminal Justice (Austin/Huntsville), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $4,870,247.10

Order Duration: 2018 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Conditions of confinement

Sanitation / living conditions

Totality of conditions

Disability and Disability Rights:

Reasonable Accommodations

disability, unspecified

Discrimination-basis:

Disability (inc. reasonable accommodations)

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run