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

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

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

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

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

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

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

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

On March 13, 2014, the plaintiff filed a fifth amended complaint based on the defendant's motion to dismiss for mootness. On July 29, 2014, the plaintiff filed a sixth amended complaint alleging that the plaintiff was unable to move into suitable housing and denied employment due to the defendant's actions. Not much activity appears on the docket thereafter. On Jan. 20, 2015, the parties filed a stipulation to dismiss the case. The court issued its final judgment the next day, granting the motion.

The case is now closed.

Steve Vnuk - 10/30/2014
Virginia Weeks - 11/06/2017


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Issues and Causes of Action
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Issues
Affected Gender
Male
Constitutional Clause
Due Process
Defendant-type
Corrections
Jurisdiction-wide
General
Access to lawyers or judicial system
Classification / placement
Conditions of confinement
Disparate Treatment
Sex offender regulation
Work release or work assignments
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Declaratory Judgment Act, 28 U.S.C. § 2201
Defendant(s) Texas
Texas Board of Pardons and Paroles
Texas Department of Criminal Justice
Plaintiff Description A convicted murderer currently on parole.
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Unknown
Public Int. Lawyer Yes
Nature of Relief Declaratory Judgment
Attorneys fees
Injunction / Injunctive-like Settlement
Unknown
Source of Relief Litigation
Unknown
Form of Settlement Voluntary Dismissal
Filed 12/05/2005
Case Closing Year 2015
Case Ongoing No
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Court Docket(s)
W.D. Tex.
01/21/2015
1:05−cv−01008
CJ-TX-0007-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
W.D. Tex.
12/02/2005
Complaint [ECF# 1]
CJ-TX-0007-0002.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Tex.
06/23/2006
Amended Complaint [ECF# 24]
CJ-TX-0007-0003.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Tex.
11/17/2006
Agreed Order of Dismissal [ECF# 49]
CJ-TX-0007-0004.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Tex.
11/17/2006
Order [Dismissing Matter with Prejudice] [ECF# 50]
CJ-TX-0007-0005.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Tex.
12/05/2006
Order [Granting in Part and Denying in Part Motion to Dismiss] [ECF# 52]
CJ-TX-0007-0006.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Tex.
02/06/2007
Order [Denying Motion for Protective Order] [ECF# 70]
CJ-TX-0007-0007.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Tex.
02/23/2007
Third Amended Complaint [ECF# 96]
CJ-TX-0007-0008.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Tex.
04/12/2007
Order [Granting in Part and Denying in Part Motion to Quash, Granting in Part and Denying in Part Motion to Compel] [ECF# 131]
CJ-TX-0007-0009.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Tex.
05/04/2007
Order [Granting Motion to Exclude Testimony] [ECF# 164] (2007 WL 7119920)
CJ-TX-0007-0010.pdf | WESTLAW | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Tex.
06/05/2007
Report and Recommendation of the United States Magistrate Judge [ECF# 207] (2007 WL 1655898)
CJ-TX-0007-0011.pdf | WESTLAW | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Tex.
06/13/2007
Order [Granting in Part and Denying in Part Motions to Compel] [ECF# 211]
CJ-TX-0007-0012.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Tex.
06/15/2007
Stipulation of Partial Dismissal [ECF# 218]
CJ-TX-0007-0013.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Tex.
06/25/2007
Order on Report and Reccomendation [ECF# 238]
CJ-TX-0007-0014.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Tex.
07/10/2007
Order [Cancelling Bench Trial] [ECF# 258]
CJ-TX-0007-0015.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
U.S. Court of Appeals
07/23/2008
USCA Judgment [Mandate Affirming the Judgment of the District Court [Ct. of App. ECF# 286] (537 F.3d 364)
CJ-TX-0007-0016.pdf | WESTLAW| LEXIS | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Tex.
10/21/2008
Order [Dismissing Motion for Summary Judgment and Motions to Stay] [ECF# 305] (2008 WL 7716805)
CJ-TX-0007-0017.pdf | WESTLAW | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Tex.
10/30/2008
Fourth Amended Complaint [ECF# 311]
CJ-TX-0007-0018.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Tex.
03/24/2009
Findings of Fact and Conclusions of Law [ECF# 353] (623 F.Supp.2d 782)
CJ-TX-0007-0001.pdf | WESTLAW| LEXIS | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Tex.
03/24/2009
Final Judgment [ECF# 355]
CJ-TX-0007-0019.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Tex.
05/19/2009
Order Denying Motion for Stay of Judgment Pending Appeal [ECF# 374]
CJ-TX-0007-0020.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
U.S. Court of Appeals
05/20/2010
Opinion (607 F.3d 392)
CJ-TX-0007-0022.pdf | WESTLAW| LEXIS | Detail
Source: Westlaw
U.S. Court of Appeals
10/19/2010
Opinion (2010 WL 6511727)
CJ-TX-0007-0023.pdf | WESTLAW | Detail
Source: U.S. Court of Appeals website
U.S. Court of Appeals
01/27/2011
USCA Judgment [Affirming the Judgment of the District Court] [Ct. of App. ECF# 425] (409 Fed.Appx. 739)
CJ-TX-0007-0021.pdf | WESTLAW| LEXIS | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Tex.
03/30/2011
Memorandum Order and Opinion [ECF# 435]
CJ-TX-0007-0027.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Tex.
08/24/2011
Order [Denying Motion for Enforcement of Judgment] [ECF# 450]
CJ-TX-0007-0024.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Tex.
09/20/2013
Agreed Stipulation Of Dismissal With Prejudice [ECF# 459]
CJ-TX-0007-0026.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
W.D. Tex.
07/29/2014
Sixth Amended Complaint [ECF# 500]
CJ-TX-0007-0025.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Austin, Andrew W. (W.D. Tex.) [Magistrate] show/hide docs
CJ-TX-0007-0011
Barksdale, Rhesa Hawkins (Fifth Circuit) show/hide docs
CJ-TX-0007-0016
Davis, W. Eugene (W.D. La., Fifth Circuit) show/hide docs
CJ-TX-0007-0016 | CJ-TX-0007-0021 | CJ-TX-0007-0022 | CJ-TX-0007-0023
Higginbotham, Patrick Errol (N.D. Tex., Fifth Circuit) show/hide docs
CJ-TX-0007-0016
Southwick, Leslie (Fifth Circuit) show/hide docs
CJ-TX-0007-0021 | CJ-TX-0007-0023
Wiener, Jacques Loeb Jr. (Fifth Circuit) show/hide docs
CJ-TX-0007-0021 | CJ-TX-0007-0022 | CJ-TX-0007-0023
Yeakel, Earl Leroy III (W.D. Tex.) show/hide docs
CJ-TX-0007-0001 | CJ-TX-0007-0004 | CJ-TX-0007-0005 | CJ-TX-0007-0006 | CJ-TX-0007-0007 | CJ-TX-0007-0009 | CJ-TX-0007-0010 | CJ-TX-0007-0012 | CJ-TX-0007-0014 | CJ-TX-0007-0015 | CJ-TX-0007-0017 | CJ-TX-0007-0019 | CJ-TX-0007-0020 | CJ-TX-0007-0024 | CJ-TX-0007-0027 | CJ-TX-0007-9000
Plaintiff's Lawyers Harrington, James C (Texas) show/hide docs
CJ-TX-0007-0002 | CJ-TX-0007-0003 | CJ-TX-0007-0008 | CJ-TX-0007-0013 | CJ-TX-0007-0018 | CJ-TX-0007-0025 | CJ-TX-0007-9000
McGiverin, Brian Rolland (Texas) show/hide docs
CJ-TX-0007-0025 | CJ-TX-0007-9000
Medlock, Scott Charles (Texas) show/hide docs
CJ-TX-0007-0002 | CJ-TX-0007-0003 | CJ-TX-0007-0008 | CJ-TX-0007-0013 | CJ-TX-0007-0018 | CJ-TX-0007-9000
Yang, Wayne Krause (Texas) show/hide docs
CJ-TX-0007-0025 | CJ-TX-0007-9000
Defendant's Lawyers Abbott, Greg (Texas) show/hide docs
CJ-TX-0007-0013
Anastasiadis, Demetri (Texas) show/hide docs
CJ-TX-0007-9000
Brocato, Anthony Gerard Jr. (Texas) show/hide docs
CJ-TX-0007-9000
Casas, Elaine A. (Texas) show/hide docs
CJ-TX-0007-9000
Cunniff, Celamine (Texas) show/hide docs
CJ-TX-0007-0013 | CJ-TX-0007-9000
Garcia, Bruce (Texas) show/hide docs
CJ-TX-0007-0026 | CJ-TX-0007-9000
Gardner, M. Carol (Texas) show/hide docs
CJ-TX-0007-0013 | CJ-TX-0007-9000
Kraber, Jennifer (Texas) show/hide docs
CJ-TX-0007-9000
Lantiegne, Calysta L. (Texas) show/hide docs
CJ-TX-0007-9000
Morales, David Steven (Texas) show/hide docs
CJ-TX-0007-0013
Sullivan, Kent C. (Texas) show/hide docs
CJ-TX-0007-0013
Talbot, David A Jr. (Texas) show/hide docs
CJ-TX-0007-0013

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