University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Reed-Veal v. Encinia JC-TX-0025
Docket / Court 4:15-cv-02232 ( S.D. Tex. )
State/Territory Texas
Case Type(s) Jail Conditions
Case Summary
On August 4, 2015, plaintiff filed this lawsuit in the U.S. District Court for the Southern District of Texas. The plaintiff sued the Texas Department of Public Safety (TDPS), Waller County, and several employees of the Waller County Sheriff’s Office (WCSO) under 42 U.S.C. § 1983 and the Texas ... read more >
On August 4, 2015, plaintiff filed this lawsuit in the U.S. District Court for the Southern District of Texas. The plaintiff sued the Texas Department of Public Safety (TDPS), Waller County, and several employees of the Waller County Sheriff’s Office (WCSO) under 42 U.S.C. § 1983 and the Texas Civil Practice and Remedies Code §§ 71.002-004 and § 71.021. The plaintiff alleged that her daughter was assaulted by a TDPS Highway Patrol Trooper and that officers of the WCSO and TDPS willfully and wantonly caused her daughter’s death. Specifically, the plaintiff alleged that on July 10, 2015, after a routine traffic stop a TDPS Highway Patrol Trooper instructed her daughter to get out of the car and he then assaulted and wrongfully arrested her. Afterward, the plaintiff’s daughter was brought to Waller County Jail where, after informing the officers that she had attempted suicide before, she was left in her cell unattended for three days, at which point she committed suicide.

After filing the initial complaint, the plaintiff, filing suit as the decedent’s mother, filed an amended complaint on August 26, 2015, again on September 29, 2015 and the final amended complaint on January 19, 2016.

The defendants filed a motion to stay proceedings on January 8, 2016, in order to protect an officer's (who was a defendant in the case) Fifth Amendment constitutional rights during concurrent criminal proceedings. On April 21, 2016, Judge Hittner granted the defendant’s motion in part and denied in part. Specifically, the defendant was ordered to complete all discovery prior to their deposition during their criminal proceedings. 2016 WL 6915963.

On October 31, 2016, the parties filed a Joint Order of Dismissal after reaching an out of court settlement which, according to the Houston Chronicle, granted the plaintiff $1.9 million and stipulated that county officials would improve how inmates are booked and supervised at the jail and other facilities lacking immediate access to medical services, the case was dismissed on November 1, 2016.

Nichollas Dawson - 10/18/2017


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Issues and Causes of Action
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Issues
Affected Gender
Female
Defendant-type
Law-enforcement
General
Assault/abuse by staff
Conditions of confinement
Failure to supervise
Failure to train
Incident/accident reporting & investigations
Personal injury
Medical/Mental Health
Mental health care, general
Mental health care, unspecified
Plaintiff Type
Private Plaintiff
Race
Black
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
State law
Defendant(s) Texas Department of Public Safety
Waller County
Plaintiff Description The mother of decedent
Class action status sought No
Class action status granted Moot
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Case Ongoing Yes
Additional Resources
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  Bravo v. Board of Commissioners of Dona Ana County
http://www.bazelon.org/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

Docket(s)
4:15-cv-2232 (S.D. Tex.)
JC-TX-0025-9000.pdf | Detail
Date: 11/01/2016
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint at Law [ECF# 1]
JC-TX-0025-0001.pdf | Detail
Date: 08/04/2015
Source: PACER [Public Access to Court Electronic Records]
Third Amended Complaint At Law and Jury Demand [ECF# 63]
JC-TX-0025-0003.pdf | Detail
Date: 01/19/2016
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 92] (S.D. Tex.)
JC-TX-0025-0002.pdf | Detail
Date: 03/17/2016
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 108] (S.D. Tex.)
JC-TX-0025-0004.pdf | Detail
Date: 04/21/2016
Source: PACER [Public Access to Court Electronic Records]
Final Judgment [ECF# 144] (S.D. Tex.)
JC-TX-0025-0005.pdf | Detail
Date: 11/01/2016
Source: PACER [Public Access to Court Electronic Records]
Judges Hittner, David (S.D. Tex.)
JC-TX-0025-0002 | JC-TX-0025-0004 | JC-TX-0025-0005 | JC-TX-0025-9000
Plaintiff's Lawyers Brzezinski, Robert E. (Texas)
JC-TX-0025-0003
Colodny, Wayne (Texas)
JC-TX-0025-0003
Lambert, Cannon D. Sr. (Illinois)
JC-TX-0025-0003 | JC-TX-0025-9000
Rhodes, J. Thomas III (Texas)
JC-TX-0025-0001 | JC-TX-0025-0003 | JC-TX-0025-9000
Rogers, Larry R. Jr. (Illinois)
JC-TX-0025-0003
Defendant's Lawyers Dennis, Seth Byron (Texas)
JC-TX-0025-9000
New, Benjamin Eliot (Texas)
JC-TX-0025-9000
Simmons, Larry J. Jr. (Texas)
JC-TX-0025-9000
Other Lawyers Bounds, Scott (Texas)
JC-TX-0025-9000
Colodny, David A. (New York)
JC-TX-0025-0001
Longoria, Samuel G. (Texas)
JC-TX-0025-9000

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