Case: Austin Lawyers Guild v. Securus Technologies, Inc.

1:14-cv-00366 | U.S. District Court for the Western District of Texas

Filed Date: April 29, 2014

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On April 29, 2014, in the United States District Court for the Western District of Texas, the Austin Lawyers Guild, the Prison Justice League, and individual defense attorneys filed this class action lawsuit against Securus Technologies, Inc, the Travis County Sheriff's Office, the Travis County District Attorney's Office, and the Travis County Attorney's Office. The lawsuit was brought under 42 U.S.C. § 1983, the Federal Wiretap Act, and the Texas Wiretap Act. The plaintiffs alleged that the …

On April 29, 2014, in the United States District Court for the Western District of Texas, the Austin Lawyers Guild, the Prison Justice League, and individual defense attorneys filed this class action lawsuit against Securus Technologies, Inc, the Travis County Sheriff's Office, the Travis County District Attorney's Office, and the Travis County Attorney's Office. The lawsuit was brought under 42 U.S.C. § 1983, the Federal Wiretap Act, and the Texas Wiretap Act. The plaintiffs alleged that the phone and videoconferencing technology provided by Securus Technology, and used by the Sheriff's Department, records confidential attorney-client communications between attorneys and detainees in Travis County Jail and the Travis County Correctional Complex, and that those recordings are disclosed to prosecutors in the Travis County and District Attorneys' Offices. Plaintiffs argue that this amounts to an unreasonable search and therefore violates the Fourth Amendment rights of individual plaintiffs and the Austin Lawyers Guild, and those of inmates, which harms the Prison Justice League. They further argue that defendants' actions violate detainees' Sixth Amendment right to effective assistance of counsel and Fifth Amendment right of access to the courts, both of which require confidential attorney-client communication, and that these violations have forced plaintiff Prison Justice League to "redirect resources."

On February 4, 2015, U.S. Magistrate Judge Mark Lane submitted his report and recommendation on the defendants' motion to dismiss to the District Court (Judge Lee Yeakel). Magistrate Judge Lane recommended that the Travis County Sheriff's Office, Travis County District Attorney's Office, and Travis County Attorney's Office should be dismissed as defendants, and plaintiffs' claim for violation of the right to access the courts under the First, Fifth, and Fourteenth Amendment should be dismissed. He recommended that defendant Securus Technologies, Inc.'s and defendants Hamilton (Travis County Sheriff), Lehmberg (Travis County DA), and Escamilla (Travis County Attorney)'s Motions to Dismiss plaintiffs' claims for violations of the Federal Wiretap Act and Texas Wiretap Act; unreasonable search and seizure in violation of the Fourth Amendment to the United States Constitution; and denial of effective assistance of counsel in violation of the Sixth Amendment to the United States Constitution should be denied, so that the case would continue on those issues. 2015 WL 10818584. On March 23, 2015, the court ordered the adoption of the report and recommendation.

On February 17, 2016, the court issued an Order for Settlement Papers, and the parties signed a settlement agreement on March 10, 2016. The settlement established a procedure to detect and mitigate breaches of confidentiality in privileged attorney-client communications. Specifically, the agreement provides that as soon as any assistant county attorney obtains knowledge of potentially privileged communication, he must immediately stop reviewing it and notify his supervisor. The supervising attorney will then determine if the communication is in fact privileged, and if so, shall disclose the fact of its existence and possession to the defendant's lawyer within two business day and provide all known copies of the communication the defendant's lawyer as soon as possible to the extent that it is appropriate to do so. The settlement further stipulated that these new policies will be published on the County Attorney's website and remain in effect for the duration of Attorney Escamilla's term.

The plaintiffs filed an amended complaint on March 10, 2016 and a stipulation of dismissal the next day. On March 14, 2016, the case closed.

Summary Authors

Rebecca Eisenbrey (3/16/2015)

Virginia Weeks (10/31/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4401195/parties/austin-lawyers-guild-v-securus-technologies-inc/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Barnett, Eleanor Trotman (Texas)

Bassett, Woody (Texas)

Boggs, Victoria E. (Texas)

Braden, Megan R. (Texas)

Casas, Elaine A. (Texas)

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Documents in the Clearinghouse

Document

1:14-cv-00366

Docket

March 14, 2016

March 14, 2016

Docket
1

1:14-cv-00366

Complaint

April 29, 2014

April 29, 2014

Complaint
25

1:14-cv-00366

Amended Class Action Complaint

July 23, 2014

July 23, 2014

Complaint
52

1:14-cv-00366

Report and Recommendation of the U.S. Magistrate Judge [Re: D's Motions to Dismiss]

Feb. 4, 2015

Feb. 4, 2015

Magistrate Report/Recommendation

2015 WL 2015

62

1:14-cv-00366

Order on Report and Recommendation

March 23, 2015

March 23, 2015

Order/Opinion
73

1:14-cv-00366

Stipulation of Dismissal

March 10, 2016

March 10, 2016

Pleading / Motion / Brief
74

1:14-cv-00366

Plaintiffs' Second Amended Class Action Complaint

March 10, 2016

March 10, 2016

Complaint

1:14-cv-00366

Settlement Agreement and Full and Final Release of County Attorney Escamilla, in His Official Capacity

March 10, 2016

March 10, 2016

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4401195/austin-lawyers-guild-v-securus-technologies-inc/

Last updated Feb. 19, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT ( Filing fee $ 400 receipt number 0542-6447308). No Summons requested at this time, filed by Austin Lawyers Guild, Carl Gossett, David Grassbaugh, Mark Sampson, Francis Williams and The Prison Justice League. (Attachments: # 1 Civil Cover Sheet)(McGiverin, Brian) (Entered: 04/29/2014)

1 Civil Cover Sheet

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April 29, 2014

April 29, 2014

RECAP

Case Assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (dm)

April 29, 2014

April 29, 2014

PACER
2

REQUEST FOR ISSUANCE OF SUMMONS by Austin Lawyers Guild, Carl Gossett, David Grassbaugh, Mark Sampson, The Prison Justice League, Francis Williams. (McGiverin, Brian) (Entered: 05/09/2014)

May 9, 2014

May 9, 2014

PACER
3

Summons Issued as to David Escamilla, Greg Hamilton, Rosemary Lehmberg. (dm) (Entered: 05/12/2014)

May 12, 2014

May 12, 2014

PACER
4

SUMMONS Returned Executed by Carl Gossett, David Grassbaugh, Francis Williams, Mark Sampson, Austin Lawyers Guild, The Prison Justice League. Greg Hamilton served on 5/12/2014, answer due 6/2/2014. (McGiverin, Brian) (Entered: 05/22/2014)

May 22, 2014

May 22, 2014

PACER
5

SUMMONS Returned Executed by Carl Gossett, David Grassbaugh, Francis Williams, Mark Sampson, Austin Lawyers Guild, The Prison Justice League. Travis County Sheriff's Office served on 5/12/2014, answer due 6/2/2014. (McGiverin, Brian) (Entered: 05/22/2014)

May 22, 2014

May 22, 2014

PACER
6

SUMMONS Returned Executed by Carl Gossett, David Grassbaugh, Francis Williams, Mark Sampson, Austin Lawyers Guild, The Prison Justice League. Rosemary Lehmberg served on 5/13/2014, answer due 6/3/2014. (McGiverin, Brian) (Entered: 05/22/2014)

May 22, 2014

May 22, 2014

PACER
7

SUMMONS Returned Executed by Carl Gossett, David Grassbaugh, Francis Williams, Mark Sampson, Austin Lawyers Guild, The Prison Justice League. Travis County District Attorney's Office served on 5/13/2014, answer due 6/3/2014. (McGiverin, Brian) (Entered: 05/22/2014)

May 22, 2014

May 22, 2014

PACER
8

SUMMONS Returned Executed by Carl Gossett, David Grassbaugh, Francis Williams, Mark Sampson, Austin Lawyers Guild, The Prison Justice League. David Escamilla served on 5/13/2014, answer due 6/3/2014. (McGiverin, Brian) (Entered: 05/22/2014)

May 22, 2014

May 22, 2014

PACER
9

SUMMONS Returned Executed by Carl Gossett, David Grassbaugh, Francis Williams, Mark Sampson, Austin Lawyers Guild, The Prison Justice League. Travis County Attorney's Office served on 5/13/2014, answer due 6/3/2014. (McGiverin, Brian) (Entered: 05/22/2014)

May 22, 2014

May 22, 2014

PACER
10

MOTION for Extension of Time to File Response to Plaintiffs' Pleading by David Escamilla, Greg Hamilton, Rosemary Lehmberg, Securus Technologies, Inc., Travis County Attorney's Office, Travis County District Attorney's Office, Travis County Sheriff's Office. (Nelson, Anthony) (Entered: 05/30/2014)

May 30, 2014

May 30, 2014

PACER
11

RULE 7 DISCLOSURE STATEMENT filed by Securus Technologies, Inc.. (Weiland, S.) (Entered: 06/02/2014)

June 2, 2014

June 2, 2014

PACER
12

WAIVER OF SERVICE Returned Executed by Carl Gossett, David Grassbaugh, Francis Williams, Mark Sampson, Austin Lawyers Guild, The Prison Justice League as to Securus Technologies, Inc.. Waiver sent on 5/6/2014, answer due 7/7/2014. (McGiverin, Brian) (Entered: 06/03/2014)

June 3, 2014

June 3, 2014

PACER
13

ORDER GRANTING 10 Motion for Extension of Time to Answer re 1 Complaint, ; David Escamilla answer due 6/23/2014; Greg Hamilton answer due 6/23/2014; Rosemary Lehmberg answer due 6/23/2014; Travis County Attorney's Office answer due 6/23/2014; Travis County District Attorney's Office answer due 6/23/2014; Travis County Sheriff's Office answer due 6/23/2014. Signed by Judge Lee Yeakel. (dm) (Entered: 06/04/2014)

June 4, 2014

June 4, 2014

PACER
14

NOTICE of Firm's Change of Name by Securus Technologies, Inc. (Weiland, S.) (Entered: 06/05/2014)

June 5, 2014

June 5, 2014

PACER
15

MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) by Securus Technologies, Inc.. (Attachments: # 1 Exhibit A)(Hawkins, Robert) (Entered: 06/23/2014)

1 Exhibit A

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June 23, 2014

June 23, 2014

PACER
16

Motion to Dismiss for Failure to State a Claim Defendants Travis County Sheriff's Office, Travis County District Attorney's Office, and Travis County Attorney's Office's Motion to Dismiss Pursuant to Rule 12(b)(1), 12(b)(6) by Travis County Attorney's Office, Travis County District Attorney's Office, Travis County Sheriff's Office. (Nelson, Anthony) (Entered: 06/23/2014)

June 23, 2014

June 23, 2014

PACER
17

Motion to Dismiss for Failure to State a Claim Defendants Hamilton, Lehmberg, and Escamilla's Motion to Dismiss Pursuant to Rule 12(b)(1), Rule 12(b)(6) by David Escamilla, Greg Hamilton, Rosemary Lehmberg. (Nelson, Anthony) (Entered: 06/23/2014)

June 23, 2014

June 23, 2014

PACER
18

ORDER REFERRING MOTION: 17 Motion to Dismiss for Failure to State a Claim Defendants Hamilton, Lehmberg, and Escamilla's Motion to Dismiss Pursuant to Rule 12(b)(1), Rule 12(b)(6) filed by David Escamilla, Greg Hamilton, Rosemary Lehmberg, 15 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed by Securus Technologies, Inc., 16 Motion to Dismiss for Failure to State a Claim Defendants Travis County Sheriff's Office, Travis County District Attorney's Office, and Travis County Attorney's Office's Motion to Dismiss Pursuant to Rule 12(b)(1), 12(b)(6) filed by Travis County Attorney's Office, Travis County District Attorney's Office, Travis County Sheriff's Office. Signed by Judge Lee Yeakel.. Referral Magistrate Judge: Mark Lane. (dm) (Entered: 06/25/2014)

June 24, 2014

June 24, 2014

PACER
19

MOTION for Extension of Time to File Response/Reply as to 17 Motion to Dismiss for Failure to State a Claim Defendants Hamilton, Lehmberg, and Escamilla's Motion to Dismiss Pursuant to Rule 12(b)(1), Rule 12(b)(6), 15 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6), 16 Motion to Dismiss for Failure to State a Claim Defendants Travis County Sheriff's Office, Travis County District Attorney's Office, and Travis County Attorney's Office's Motion to Dismiss Pursuant to Rule 12(b)(1), 12(b)(6) by Austin Lawyers Guild, Carl Gossett, David Grassbaugh, Mark Sampson, The Prison Justice League, Francis Williams. (Attachments: # 1 Proposed Order)(McGiverin, Brian) (Entered: 06/26/2014)

1 Proposed Order

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June 26, 2014

June 26, 2014

PACER

Text Order GRANTING 19 Motion for Extension of Time to File Response/Reply entered by Judge Mark Lane. Plaintiffs' Responses shall be due July 21, 2014. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nl)

June 27, 2014

June 27, 2014

PACER
20

NOTICE of Change of Address by Brian Rolland McGiverin (McGiverin, Brian) (Entered: 07/01/2014)

July 1, 2014

July 1, 2014

PACER
21

Unopposed MOTION to Amend Complaint by Austin Lawyers Guild, Carl Gossett, David Grassbaugh, Mark Sampson, The Prison Justice League, Francis Williams. (Attachments: # 1 Exhibit A - Amended Complaint, # 2 Proposed Order)(McGiverin, Brian) (Entered: 07/21/2014)

1 Exhibit A - Amended Complaint

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2 Proposed Order

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July 21, 2014

July 21, 2014

PACER
22

Unopposed MOTION for Leave to Exceed Page Limitation by Austin Lawyers Guild, Carl Gossett, David Grassbaugh, Mark Sampson, The Prison Justice League, Francis Williams. (Attachments: # 1 Exhibit A - Response to Defendants' Motion to Dismiss, # 2 Proposed Order)(McGiverin, Brian) (Entered: 07/21/2014)

1 Exhibit A - Response to Defendants' Motion to Dismiss

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2 Proposed Order

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July 21, 2014

July 21, 2014

PACER
23

ORDER GRANTING 22 Motion for Leave to File Excess Pages. Signed by Judge Lee Yeakel. (dm) (Entered: 07/23/2014)

July 23, 2014

July 23, 2014

PACER
24

ORDER DISMISSING 15 Motion to Dismiss ; DISMISSING 16 Motion to Dismiss for Failure to State a Claim; DISMISSING 17 Motion to Dismiss for Failure to State a Claim; GRANTING 21 Motion to Amend Complaint. Signed by Judge Lee Yeakel. (dm) (Entered: 07/23/2014)

July 23, 2014

July 23, 2014

PACER
25

AMENDED COMPLAINT against David Escamilla, Greg Hamilton, Rosemary Lehmberg, Securus Technologies, Inc., Travis County Attorney's Office, Travis County District Attorney's Office, Travis County Sheriff's Office amending 1 Complaint, filed by Carl Gossett, David Grassbaugh, Francis Williams, Mark Sampson, Austin Lawyers Guild, The Prison Justice League.(dm) (Entered: 07/23/2014)

July 23, 2014

July 23, 2014

RECAP
26

RESPONSE to Motions, filed by Austin Lawyers Guild, Carl Gossett, David Grassbaugh, Mark Sampson, The Prison Justice League, Francis Williams, re 17 Motion to Dismiss for Failure to State a Claim Defendants Hamilton, Lehmberg, and Escamilla's Motion to Dismiss Pursuant to Rule 12(b)(1), Rule 12(b)(6) filed by Defendant David Escamilla, Defendant Greg Hamilton, Defendant Rosemary Lehmberg, 15 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed by Defendant Securus Technologies, Inc., 16 Motion to Dismiss for Failure to State a Claim Defendants Travis County Sheriff's Office, Travis County District Attorney's Office, and Travis County Attorney's Office's Motion to Dismiss Pursuant to Rule 12(b)(1), 12(b)(6) filed by Defendant Travis County Attorney's Office, Defendant Travis County District Attorney's Office, Defendant Travis County Sheriff's Office (dm) (Entered: 07/25/2014)

July 23, 2014

July 23, 2014

PACER
27

MOTION to Dismiss DEFENDANTS HAMILTON, LEHMBERG AND ESCAMILLA'S MOTION TO DISMISS PURSUANT TO RULE (b)(1), RULE 12(b)(6) by David Escamilla, Greg Hamilton, Rosemary Lehmberg. (Nelson, Anthony) (Entered: 08/06/2014)

Aug. 6, 2014

Aug. 6, 2014

PACER
28

MOTION to Dismiss DEFENDANT TRAVIS COUNTY SHERIFF'S OFFICE, TRAVIS COUNTY DISTRICT ATTORNEY'S OFFICE, AND TRAVIS COUNTY ATTORNEY'S OFFICE'S MOTION TO DISMISS PURSUANT TO RULE 12(b)(1), 12(b)(6) by Travis County Attorney's Office, Travis County District Attorney's Office, Travis County Sheriff's Office. (Nelson, Anthony) (Entered: 08/06/2014)

Aug. 6, 2014

Aug. 6, 2014

PACER
29

MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6) (Renewed) by Securus Technologies, Inc.. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Hawkins, Robert) (Entered: 08/06/2014)

1 Exhibit A

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2 Proposed Order

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Aug. 6, 2014

Aug. 6, 2014

PACER
30

ORDER REFERRING MOTION: 28 MOTION to Dismiss DEFENDANT TRAVIS COUNTY SHERIFF'S OFFICE, TRAVIS COUNTY DISTRICT ATTORNEY'S OFFICE, AND TRAVIS COUNTY ATTORNEY'S OFFICE'S MOTION TO DISMISS PURSUANT TO RULE 12(b)(1), 12(b)(6) filed by Travis County Attorney's Office, Travis County District Attorney's Office, Travis County Sheriff's Office, 29 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6) (Renewed) filed by Securus Technologies, Inc., 27 MOTION to Dismiss DEFENDANTS HAMILTON, LEHMBERG AND ESCAMILLA'S MOTION TO DISMISS PURSUANT TO RULE (b)(1), RULE 12(b)(6) filed by David Escamilla, Greg Hamilton, Rosemary Lehmberg. Signed by Judge Lee Yeakel.. Referral Magistrate Judge: Mark Lane. (dm) (Entered: 08/11/2014)

Aug. 8, 2014

Aug. 8, 2014

PACER
31

Unopposed MOTION for Extension of Time to File Response/Reply as to 28 MOTION to Dismiss DEFENDANT TRAVIS COUNTY SHERIFF'S OFFICE, TRAVIS COUNTY DISTRICT ATTORNEY'S OFFICE, AND TRAVIS COUNTY ATTORNEY'S OFFICE'S MOTION TO DISMISS PURSUANT TO RULE 12(b)(1), 12(b)(6), 29 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6) (Renewed), 27 MOTION to Dismiss DEFENDANTS HAMILTON, LEHMBERG AND ESCAMILLA'S MOTION TO DISMISS PURSUANT TO RULE (b)(1), RULE 12(b)(6) by Austin Lawyers Guild, Carl Gossett, David Grassbaugh, Mark Sampson, The Prison Justice League, Francis Williams. (Attachments: # 1 Proposed Order)(McGiverin, Brian) (Entered: 08/13/2014)

1 Proposed Order

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Aug. 13, 2014

Aug. 13, 2014

PACER

Text Order GRANTING 31 Motion for Extension of Time to File Response/Reply entered by Judge Mark Lane. Plaintiffs' deadlne to respond to the pending motions to dismiss is extended to September 3, 2014. (This is a text-only entry generated by the court. There is no document associated with this entry.) (aem)

Aug. 14, 2014

Aug. 14, 2014

PACER
32

Unopposed MOTION for Leave to Exceed Page Limitation for Response to Defendants' Motions to Dismiss by Austin Lawyers Guild, Carl Gossett, David Grassbaugh, Mark Sampson, The Prison Justice League, Francis Williams. (Attachments: # 1 Exhibit Resp. to MTD, # 2 Proposed Order)(McGiverin, Brian) (Entered: 09/03/2014)

1 Exhibit Resp. to MTD

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2 Proposed Order

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Sept. 3, 2014

Sept. 3, 2014

PACER

Text Order GRANTING 32 Motion for Leave to File Excess Pages entered by Judge Mark Lane. Plaintiffs' motion is granted. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dg)

Sept. 5, 2014

Sept. 5, 2014

PACER
33

MOTION for Extension of Time to File Response/Reply DEFENDANTS' UNOPPOSED MOTION TO EXTEND TIME FOR DEFENDANTS' REPLIES TO PLAINTIFFS' RESPONSE TO MOTIONS TO DISMISS by David Escamilla, Greg Hamilton, Rosemary Lehmberg, Securus Technologies, Inc., Travis County Attorney's Office, Travis County District Attorney's Office, Travis County Sheriff's Office. (Nelson, Anthony) (Entered: 09/05/2014)

Sept. 5, 2014

Sept. 5, 2014

PACER
34

RESPONSE to Motion, filed by Austin Lawyers Guild, Carl Gossett, David Grassbaugh, Mark Sampson, The Prison Justice League, Francis Williams, re 27 MOTION to Dismiss DEFENDANTS HAMILTON, LEHMBERG AND ESCAMILLA'S MOTION TO DISMISS PURSUANT TO RULE (b)(1), RULE 12(b)(6) filed by Defendant David Escamilla, Defendant Greg Hamilton, Defendant Rosemary Lehmberg; 28 MOTION to Dismiss DEFENDANT TRAVIS COUNTY SHERIFF'S OFFICE, TRAVIS COUNTY DISTRICT ATTORNEY'S OFFICE, AND TRAVIS COUNTY ATTORNEY'S OFFICE'S MOTION TO DISMISS PURSUANT TO RULE 12(b)(1), 12(b)(6) filed by Defendant Travis County Attorney's Office, Defendant Travis County District Attorney's Office, Defendant Travis County Sheriff's Office; 29 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6) (Renewed) filed by Defendant Securus Technologies, Inc. (jk) (Entered: 09/05/2014)

Sept. 5, 2014

Sept. 5, 2014

PACER

Text Order GRANTING 33 Motion for Extension of Time to File Response/Reply entered by Judge Mark Lane. Defendants' deadline to reply to Plaintiffs' response to Defendants' motions to dismiss is extended to September 26, 2014. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dg)

Sept. 5, 2014

Sept. 5, 2014

PACER
35

Opposed MOTION for Leave to Exceed Page Limitation by Securus Technologies, Inc.. (Attachments: # 1 Exhibit Reply Brief, # 2 Proposed Order)(Hawkins, Robert) (Entered: 09/26/2014)

1 Exhibit Reply Brief

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2 Proposed Order

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Sept. 26, 2014

Sept. 26, 2014

PACER

Notice of Correction: re 35 Opposed MOTION for Leave to Exceed Page Limitation . When filing a Motion for Leave to Exceed Page Limitations in the AUSTIN Division, the document which exceeds the page limit should NOT be attached to the motion, but rather filed as a separate pleading. We will take the necessary steps to pull the Reply Brief from the Motion for leave to exceed page limit and get it added to the docket record. No further action is required. Please note this information for future filing purposes. (td)

Sept. 26, 2014

Sept. 26, 2014

PACER
36

RESPONSE in Support, filed by Securus Technologies, Inc., re 29 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6) (Renewed) filed by Defendant Securus Technologies, Inc. (td) (Entered: 09/26/2014)

Sept. 26, 2014

Sept. 26, 2014

RECAP
37

Unopposed MOTION for Leave to Exceed Page Limitation [Travis County Defendants' Unopposed Motion for Leave to File Document in Excess of Page Limit] by David Escamilla, Greg Hamilton, Rosemary Lehmberg, Travis County Attorney's Office, Travis County District Attorney's Office, Travis County Sheriff's Office. (Nelson, Anthony) (Entered: 09/26/2014)

Sept. 26, 2014

Sept. 26, 2014

PACER
38

REPLY to Response to Motion, filed by David Escamilla, Greg Hamilton, Rosemary Lehmberg, Travis County Attorney's Office, Travis County District Attorney's Office, Travis County Sheriff's Office, re 28 MOTION to Dismiss DEFENDANT TRAVIS COUNTY SHERIFF'S OFFICE, TRAVIS COUNTY DISTRICT ATTORNEY'S OFFICE, AND TRAVIS COUNTY ATTORNEY'S OFFICE'S MOTION TO DISMISS PURSUANT TO RULE 12(b)(1), 12(b)(6) filed by Defendant Travis County Attorney's Office, Defendant Travis County District Attorney's Office, Defendant Travis County Sheriff's Office TRAVIS COUNTY DEFENDANTS' REPLY TO PLAINTIFFS RESPONSE TO DEFENDANTS' RENEWED MOTIONS TO DISMISS (Attachments: # 1 Exhibit A)(Nelson, Anthony) (Entered: 09/26/2014)

1 Exhibit A

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Sept. 26, 2014

Sept. 26, 2014

PACER

Text Order GRANTING 37 Unopposed Motion for Leave to File Excess Pages entered by Judge Mark Lane. Travis County Defendants may file their Reply to Plaintiffs' Response to Defendants' Renewed Motion to Dismiss in excess of the ten-page limit. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dg)

Sept. 30, 2014

Sept. 30, 2014

PACER
39

Order for Proposed Scheduling Order. Plaintiff shall submit a proposed scheduling order to the Court within sixty (60) days after the appearance of any defendant. Proposed Scheduling Order due by 10/15/2014,. Signed by Judge Lee Yeakel. (dm) (Entered: 10/01/2014)

Oct. 1, 2014

Oct. 1, 2014

PACER
40

RESPONSE to Motion, filed by Austin Lawyers Guild, Carl Gossett, David Grassbaugh, Mark Sampson, The Prison Justice League, Francis Williams, re 35 Opposed MOTION for Leave to Exceed Page Limitation filed by Defendant Securus Technologies, Inc. (McGiverin, Brian) (Entered: 10/03/2014)

Oct. 3, 2014

Oct. 3, 2014

PACER

Text Order GRANTING 35 Motion for Leave to File Excess Pages entered by Judge Mark Lane. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dg)

Oct. 6, 2014

Oct. 6, 2014

PACER
41

Proposed Scheduling Order by Austin Lawyers Guild, Carl Gossett, David Grassbaugh, Mark Sampson, The Prison Justice League, Francis Williams. (Attachments: # 1 Proposed Agreed Scheduling Order)(McGiverin, Brian) (Entered: 10/14/2014)

1 Proposed Agreed Scheduling Order

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Oct. 14, 2014

Oct. 14, 2014

PACER
42

ORDER, ( Initial Pretrial Conference set for 2/17/2015 02:30 PM before Judge Lee Yeakel,). Signed by Judge Lee Yeakel. (dm) (Entered: 11/06/2014)

Nov. 6, 2014

Nov. 6, 2014

PACER
43

Opposed MOTION for Protective Order by Securus Technologies, Inc.. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Hawkins, Robert) (Entered: 12/02/2014)

1 Exhibit 1

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2 Proposed Order

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Dec. 2, 2014

Dec. 2, 2014

PACER
44

Opposed MOTION for Protective Order TRAVIS COUNTY DEFENDANTS' OPPOSED MOTION TO ABATE DISCOVERY AND FOR PROTECTIVE ORDER by David Escamilla, Greg Hamilton, Rosemary Lehmberg, Travis County Attorney's Office, Travis County District Attorney's Office, Travis County Sheriff's Office. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Nelson, Anthony) (Entered: 12/03/2014)

1 Exhibit 1

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2 Exhibit 2

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Dec. 3, 2014

Dec. 3, 2014

PACER
45

Response in Opposition to Motion, filed by Austin Lawyers Guild, Carl Gossett, David Grassbaugh, Mark Sampson, The Prison Justice League, Francis Williams, re 43 Opposed MOTION for Protective Order filed by Defendant Securus Technologies, Inc., 44 Opposed MOTION for Protective Order TRAVIS COUNTY DEFENDANTS' OPPOSED MOTION TO ABATE DISCOVERY AND FOR PROTECTIVE ORDER filed by Defendant David Escamilla, Defendant Travis County Attorney's Office, Defendant Travis County District Attorney's Office, Defendant Travis County Sheriff's Office, Defendant Greg Hamilton, Defendant Rosemary Lehmberg (McGiverin, Brian) (Entered: 12/09/2014)

Dec. 9, 2014

Dec. 9, 2014

PACER
46

DEFICIENCY NOTICE: re 45 Response in Opposition to Motion. (dm) (Entered: 12/10/2014)

Dec. 10, 2014

Dec. 10, 2014

PACER
47

ATTACHMENT Proposed Order - Corrected to 45 Response in Opposition to Motion,, by Austin Lawyers Guild, Carl Gossett, David Grassbaugh, Mark Sampson, The Prison Justice League, Francis Williams. (McGiverin, Brian) (Entered: 12/10/2014)

Dec. 10, 2014

Dec. 10, 2014

PACER
48

REPLY to Response to Motion, filed by Securus Technologies, Inc., re 43 Opposed MOTION for Protective Order filed by Defendant Securus Technologies, Inc. (Hawkins, Robert) (Entered: 12/15/2014)

Dec. 15, 2014

Dec. 15, 2014

PACER
49

REPLY to Response to Motion, filed by David Escamilla, Greg Hamilton, Rosemary Lehmberg, Travis County Attorney's Office, Travis County District Attorney's Office, Travis County Sheriff's Office, re 44 Opposed MOTION for Protective Order TRAVIS COUNTY DEFENDANTS' OPPOSED MOTION TO ABATE DISCOVERY AND FOR PROTECTIVE ORDER filed by Defendant David Escamilla, Defendant Travis County Attorney's Office, Defendant Travis County District Attorney's Office, Defendant Travis County Sheriff's Office, Defendant Greg Hamilton, Defendant Rosemary Lehmberg (Nelson, Anthony) (Entered: 12/16/2014)

Dec. 16, 2014

Dec. 16, 2014

PACER
50

ORDER DISMISSING 43 Motion for Protective Order; DISMISSING 44 Motion for Protective Order. IT IS FINALLY ORDERED that the parties shall file, no later than January 30, 2015, a joint report. Signed by Judge Lee Yeakel. (dm) (Entered: 12/17/2014)

Dec. 17, 2014

Dec. 17, 2014

RECAP
51

STATUS REPORT JOINT STATUS REPORT REGARDING DISCOVERY by David Escamilla, Greg Hamilton, Rosemary Lehmberg, Securus Technologies, Inc., Travis County Attorney's Office, Travis County District Attorney's Office, Travis County Sheriff's Office. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Nelson, Anthony) (Entered: 01/30/2015)

1 Exhibit 1

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2 Exhibit 2

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Jan. 30, 2015

Jan. 30, 2015

PACER
52

REPORT AND RECOMMENDATIONS re 28 Motion to Dismiss, filed by Travis County Attorney's Office, Travis County District Attorney's Office, Travis County Sheriff's Office, 29 Motion to Dismiss filed by Securus Technologies, Inc., 27 Motion to Dismiss filed by David Escamilla, Greg Hamilton, Rosemary Lehmberg. Signed by Judge Mark Lane. (dm) (Entered: 02/04/2015)

Feb. 4, 2015

Feb. 4, 2015

PACER

Motions No Longer Referred: 29 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6) (Renewed), 28 MOTION to Dismiss DEFENDANT TRAVIS COUNTY SHERIFF'S OFFICE, TRAVIS COUNTY DISTRICT ATTORNEY'S OFFICE, AND TRAVIS COUNTY ATTORNEY'S OFFICE'S MOTION TO DISMISS PURSUANT TO RULE 12(b)(1), 12(b)(6), 27 MOTION to Dismiss DEFENDANTS HAMILTON, LEHMBERG AND ESCAMILLA'S MOTION TO DISMISS PURSUANT TO RULE (b)(1), RULE 12(b)(6) (dm)

Feb. 4, 2015

Feb. 4, 2015

PACER
53

Minute Entry for proceedings held before Judge Lee Yeakel: Initial Pretrial Conference held on 2/17/2015 (Minute entry documents are not available electronically.). (Court Reporter Arlinda Rodriguez.)(td) (Entered: 02/17/2015)

Feb. 17, 2015

Feb. 17, 2015

PACER
54

SCHEDULING ORDER: Final Pretrial Conference set for 3/24/2016 02:00 PM before Judge Lee Yeakel, ADR Report Deadline due by 7/3/2015, Discovery due by 7/31/2015, Motions due by 8/21/2015. Signed by Judge Lee Yeakel. (jk) (Entered: 02/18/2015)

Feb. 17, 2015

Feb. 17, 2015

PACER
55

OBJECTION to 52 Report and Recommendations by Securus Technologies, Inc... (Hawkins, Robert) (Entered: 02/18/2015)

Feb. 18, 2015

Feb. 18, 2015

PACER
56

OBJECTION to 52 Report and Recommendations TRAVIS COUNTY DEFENDANTS' RESPONSE AND OBJECTIONS TO THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE by David Escamilla, Greg Hamilton, Rosemary Lehmberg, Travis County Attorney's Office, Travis County District Attorney's Office, Travis County Sheriff's Office.. (Nelson, Anthony) (Entered: 02/18/2015)

Feb. 18, 2015

Feb. 18, 2015

PACER
57

Unopposed MOTION for Extension of Time to File Response/Reply as to 55 Objection to Report and Recommendations, 56 Objection to Report and Recommendations, by Austin Lawyers Guild, Carl Gossett, David Grassbaugh, Mark Sampson, The Prison Justice League, Francis Williams. (Attachments: # 1 Proposed Order)(McGiverin, Brian) (Entered: 02/25/2015)

1 Proposed Order

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Feb. 25, 2015

Feb. 25, 2015

PACER
58

ORDER GRANTING 57 Motion for Extension of Time to File Response. Signed by Judge Lee Yeakel. (dm) (Entered: 03/04/2015)

March 3, 2015

March 3, 2015

PACER
59

Agreed MOTION for Protective Order by Austin Lawyers Guild, Carl Gossett, David Grassbaugh, Mark Sampson, The Prison Justice League, Francis Williams. (Attachments: # 1 Proposed Order)(McGiverin, Brian) (Entered: 03/10/2015)

1 Proposed Order

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March 10, 2015

March 10, 2015

PACER
60

STIPULATED PROTECTIVE ORDER. Signed by Judge Lee Yeakel. (dm) (Entered: 03/18/2015)

March 18, 2015

March 18, 2015

PACER
61

RESPONSE to 55 Objection to Report and Recommendations, 56 Objection to Report and Recommendations, by Austin Lawyers Guild, Carl Gossett, David Grassbaugh, Mark Sampson, The Prison Justice League, Francis Williams. (McGiverin, Brian) (Entered: 03/18/2015)

March 18, 2015

March 18, 2015

PACER
62

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 52 Report and Recommendations, 28 Motion to Dismiss, filed by Travis County Attorney's Office, Travis County District Attorney's Office, Travis County Sheriff's Office, 29 Motion to Dismiss filed by Securus Technologies, Inc., 27 Motion to Dismiss filed by David Escamilla, Greg Hamilton, Rosemary Lehmberg. Signed by Judge Lee Yeakel. (td) (Entered: 03/23/2015)

March 23, 2015

March 23, 2015

PACER
63

DESIGNATION OF POTENTIAL WITNESSES, PROPOSED EXHIBITS AND TESTIFYING EXPERTS by Austin Lawyers Guild, Carl Gossett, David Grassbaugh, Mark Sampson, The Prison Justice League, Francis Williams (McGiverin, Brian). (Entered: 04/01/2015)

April 1, 2015

April 1, 2015

PACER
64

Pretrial Disclosures by Securus Technologies, Inc.. (Hawkins, Robert) (Entered: 04/22/2015)

April 22, 2015

April 22, 2015

PACER
65

Pretrial Disclosures by David Escamilla, Greg Hamilton, Rosemary Lehmberg, Travis County Attorney's Office, Travis County District Attorney's Office, Travis County Sheriff's Office. (Nelson, Anthony) (Entered: 05/06/2015)

May 6, 2015

May 6, 2015

PACER
66

NOTICE of Filing Parties' FRCP Rule 29 Agreement Regarding Discovery by David Escamilla, Greg Hamilton, Rosemary Lehmberg (Nelson, Anthony) (Entered: 05/20/2015)

May 20, 2015

May 20, 2015

PACER
67

NOTICE of Withdrawal as Counsel of Record by Securus Technologies, Inc. (Hawkins, Robert) (Entered: 08/12/2015)

Aug. 12, 2015

Aug. 12, 2015

PACER
68

Unopposed MOTION to Withdraw as Attorney by Austin Lawyers Guild. (Attachments: # 1 Proposed Order)(McGiverin, Brian) (Entered: 10/01/2015)

1 Proposed Order

View on PACER

Oct. 1, 2015

Oct. 1, 2015

PACER
69

NOTICE of Attorney Appearance by Abigail Hill Frank on behalf of Austin Lawyers Guild, Carl Gossett, David Grassbaugh, Mark Sampson, The Prison Justice League, Francis Williams. Attorney Abigail Hill Frank added to party Austin Lawyers Guild(pty:pla), Attorney Abigail Hill Frank added to party Carl Gossett(pty:pla), Attorney Abigail Hill Frank added to party David Grassbaugh(pty:pla), Attorney Abigail Hill Frank added to party Mark Sampson(pty:pla), Attorney Abigail Hill Frank added to party The Prison Justice League(pty:pla), Attorney Abigail Hill Frank added to party Francis Williams(pty:pla) (Frank, Abigail) (Entered: 10/12/2015)

Oct. 12, 2015

Oct. 12, 2015

PACER
70

ORDER GRANTING 68 Motion to Withdraw as Attorney. Signed by Judge Lee Yeakel. (dm) (Entered: 10/15/2015)

Oct. 15, 2015

Oct. 15, 2015

PACER
71

ORDER REASSIGNING CASE. Case reassigned to Judge David A. Ezra for all proceedings. Judge Lee Yeakel no longer assigned to case. Signed by Judge Lee Yeakel. (dm) (Entered: 12/04/2015)

Dec. 4, 2015

Dec. 4, 2015

PACER
72

ORDER for Settlement Papers. Stipulation or Agreed Judgment due on or before March 10, 2016. Signed by Judge David A. Ezra. (dm) (Entered: 02/17/2016)

Feb. 17, 2016

Feb. 17, 2016

RECAP
73

STIPULATION of Dismissal by Austin Lawyers Guild, Carl Gossett, David Grassbaugh, Mark Sampson, The Prison Justice League, Francis Williams. (Frank, Abigail) (Entered: 03/10/2016)

March 10, 2016

March 10, 2016

RECAP
74

AMENDED COMPLAINT Plaintiff's Second Amended Class Action Complaint against All Defendants amending, filed by Carl Gossett, David Grassbaugh, Francis Williams, Mark Sampson, Austin Lawyers Guild, The Prison Justice League.(Frank, Abigail) (Entered: 03/10/2016)

March 10, 2016

March 10, 2016

RECAP
75

STIPULATION of Dismissal by Austin Lawyers Guild, the Prison Justice League, Carl Gossett, David Grassbaugh, Mark Sampson, Francis Williams, Travis County and by Securus Technologies, Inc.. (Hawkins, Robert) (Entered: 03/11/2016)

March 11, 2016

March 11, 2016

RECAP

Notice to Counsel: Civil Action Austin Lawyers Guild et al. v. Securus Technologies, Inc. et al. has been closed pursuant to parties' Stipulation of Dismissals 73, 75, no written order will be entered by the Court. (tr1)

March 14, 2016

March 14, 2016

PACER

Notice of Correction

March 14, 2016

March 14, 2016

PACER

Case Details

State / Territory: Texas

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 29, 2014

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Austin Lawyers Guild is a membership-based, incorporated non-profit organization, which includes as members a number of Austin, Texas criminal defense attorneys. The Prison Justice League is also a membership-based, incorporated non-profit organization, which includes as members people detained in the Travis County Correctional Complex in Del Valle, Texas. The individual plaintiffs are defense attorneys who routinely represent detainees housed in the Travis County Jail and in the TCCC.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Securus Technologies, Inc. (Dallas, Dallas), Private Entity/Person

Travis County Sheriff’s Department (Austin, Travis), County

Travis County District Attorney's Office (Travis), County

Travis County Attorney's Office (Travis), County

Travis County (Travis), County

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

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:

Voluntary Dismissal

Amount Defendant Pays: 20,000

Order Duration: 2016 - None

Issues

Reproductive rights:

Fetus Identity

General:

Access to lawyers or judicial system

Confidentiality

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