University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name BRG of Dickens County v. U.S. PC-TX-0001
Docket / Court 5:98-CV-169-C ( N.D. Tex. )
State/Territory Texas
Case Type(s) Prison Conditions
Case Summary
On August 15, 1997, the Department of Justice [DOJ] notified Dickens County, Texas, that it was initiating an investigation of certain conditions of confinement at the Dickens County Correctional Center ("DCCC") in Spur, Texas, pursuant to the Civil Rights of Institutionalized Persons Act ("CRIPA"), ... read more >
On August 15, 1997, the Department of Justice [DOJ] notified Dickens County, Texas, that it was initiating an investigation of certain conditions of confinement at the Dickens County Correctional Center ("DCCC") in Spur, Texas, pursuant to the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997 et seq. At the time of the DOJ investigation, the DCCC was operated by a private jail company, BRG of Dickens County, Inc. and its subsidiaries [BRG].

Following the conclusion of its investigation, the DOJ was ready to issue its findings letter. In an attempt to stop the DOJ, BRG obtained a TRO in Texas state court on June 18, 1998, enjoining the DOJ from issuing the findings letter. The DOJ removed the matter to the U.S. District Court for the Northern District of Texas.

On June 29, 1998, the District Court (Judge Sam R. Cummings) granted BRG leave to file an amended complaint. The First Amended Complaint, filed on July 1, 1998, alleged that the DOJ violated the provisions of CRIPA and violated a confidentiality agreement between the DOJ and BRG. The DOJ moved to dismiss.

On July 17, 1998, the District Court dismissed the case and dissolved the state court's TRO. In the dismissal order, Judge Cummings noted that BRG was essentially attempting to challenge the DOJ's certification process which was not subject to judicial review.

The PACER docket does not reflect that BRG filed a notice of appeal in the case and there was no further activity noted after the dismissal.

Dan Dalton - 02/25/2007


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Issues and Causes of Action
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Issues
Plaintiff Type
Private Plaintiff
Causes of Action Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.
Defendant(s) BRG of Dickens County
Dickens County
Plaintiff Description A private, for-profit corporation operating the Dickens County Correctional Center
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None on record
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year 1998
Case Ongoing No
Additional Resources
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Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
5:98-CV-169-C (N.D. Tex.) 07/17/1998
PC-TX-0001-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Judgment / Order [of Dismissal] 07/17/1998 (N.D. Tex.)
PC-TX-0001-0001 PDF | Detail
Judges Cummings, Samuel Ray (N.D. Tex.)
PC-TX-0001-0001 | PC-TX-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Johnson, D. Thomas (Texas)
PC-TX-0001-9000
Sessions, William Lewis (Texas)
PC-TX-0001-9000
Defendant's Lawyers Frost, E. Scott (Texas)
PC-TX-0001-9000
Masling, Mark S. (District of Columbia)
PC-TX-0001-9000
Nelson, Mellie H. (District of Columbia)
PC-TX-0001-9000
Payne, Timothy R. (District of Columbia)
PC-TX-0001-9000
Rosenbaum, Steven H. (District of Columbia)
PC-TX-0001-9000
Other Lawyers None on record

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