Case: Hernandez v. Houston

4:16-cv-03577 | U.S. District Court for the Southern District of Texas

Filed Date: Dec. 5, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about Houston police arresting individuals without warrants and detaining them without probable cause. On December 5, 2016, two plaintiffs filed this lawsuit in the United States District Court for the Southern District of Texas. The plaintiffs on behalf of themselves and all others similarly situated sued the City of Houston under 42 U.S.C. § 1983, alleging violations of the Fourth and Fourteenth Amendments to the United States Constitution. Represented by private counsel and th…

This is a case about Houston police arresting individuals without warrants and detaining them without probable cause. On December 5, 2016, two plaintiffs filed this lawsuit in the United States District Court for the Southern District of Texas. The plaintiffs on behalf of themselves and all others similarly situated sued the City of Houston under 42 U.S.C. § 1983, alleging violations of the Fourth and Fourteenth Amendments to the United States Constitution. Represented by private counsel and the Civil Rights Corps, the plaintiffs sought compensatory damages and attorneys’ fees. They claimed that the City of Houston regularly arrested individuals without warrants and detained them without probable cause hearings for longer than permitted by the United States Constitution.

The case was assigned to Judge Kennth M. Hoyt on December 7, 2016. The City filed a motion to dismiss the initial complaint. One of the named plaintiffs withdrew from the case and on March 1, 2017, the plaintiffs amended the complaint to add three more named plaintiffs. As a result, on March 7, the court denied the City's motion to dismiss on grounds of mootness because the filing of an amended complaint renders a prior complaint void and moots any motion to dismiss.

The City filed an amended motion to dismiss, which was denied on June 6, 2017. The court found that the defendants had essentially admitted that the facts the plaintiffs pleaded were true.

The case proceeded to discovery, and the parties engaged in lengthy discovery disputes. On August 30, 2018, the District Court issued an order stating that the City of Houston had intentionally destroyed evidence pertinent to the lawsuit. As a result, the Court held that inferences were appropriate: (1) throughout the class period, the City of Houston had a policy of not releasing warrantless arrestees who had not received neutral determinations of probable cause within the constitutionally required period of time; (2) throughout the class period, the City’s policymakers were aware of this policy; and (3) the City acted with deliberate indifference with respect to its unconstitutional policy of not releasing warrantless arrestees who hadn’t received probable cause hearings in the appropriate amount of time.

On December 11, 2018, the plaintiffs moved to certify their class. The first amended complaint detailed a single class of plaintiffs seeking compensatory relief, which applied to all those arrested without warrant and held for more than 48 hours without a prompt judicial determination of probable cause.

The plaintiffs filed a second amended complaint on December 13, 2018, which added a fifth named plaintiff. Additionally, this second amended complaint defined two classes seeking compensatory relief. The first subclass included all those arrested and held held by the City of Houston without a warrant or a judicial determination of probably cause for 48 hours or more, and the second subclass included those who were arrested and held between 24 and 48 hours.

In spring 2019, the District Court issued an order overruling a motion from the City that asked the Court to exclude certain documents that they claimed to be privileged from evidence. The plaintiffs filed a motion to compel the city to produce these documents, which was stayed by Judge Hoyt pending the City’s appeal. The Fifth Circuit Court of Appeals then vacated the District Court’s order with respect to one document, and denied the City’s claim of privilege in all other respects. Upon remand, the District Court granted the plaintiffs’ motion to compel.

In late June 2019, both parties filed motions for summary judgment. On July 3, 2019, Judge Hoyt granted the plaintiffs’ earlier motion for class certification. One week later, the City filed a motion to stay the case pending interlocutory appeal regarding the class certification issue, which was denied by the district court in early August. And, shortly after on August 8, 2020 the Fifth Circuit denied the defendants leave to appeal the grant of class certification.

At some during the summer of 2019, the parties began going through mediation and started settlement negotiations, and on August 13, 2019, a joint order to stay the case pending the finalization of settlement was granted.

In July 2020, Houston City Council voted to pass a settlement awarding the plaintiffs $1.17 million in exchange for indemnity. The court granted a joint motion for preliminary approval of the settlement on October 22, 2020. The case is ongoing pending the court's approval of the settlement agreement.

Summary Authors

Jane Fisher (11/2/2020)

Related Cases

Lomas v. Harris County, Southern District of Texas (2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6114300/parties/hernandez-v-city-of-houston/


Judge(s)
Attorney for Plaintiff

Bernhardt, Rebecca (Texas)

Cohen, Leonora (California)

Downer, Ryan Chasce (District of Columbia)

Attorney for Defendant

Callan, Jennifer F (Texas)

Davis, Nancy McEvily (Texas)

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Documents in the Clearinghouse

Document

4:16-cv-03577

Docket

Hernandez v. City of Houston

Oct. 22, 2020

Oct. 22, 2020

Docket
1

4:16-cv-03577

Class Action Complaint

Hernandez v. City of Houston

Dec. 5, 2016

Dec. 5, 2016

Complaint
19

4:16-cv-03577

Amended Class Action Complaint

Hernandez v. City of Houston

March 1, 2017

March 1, 2017

Complaint
27

4:16-cv-03577

Memorandum and Order

Hernandez v. City of Houston

June 6, 2017

June 6, 2017

Order/Opinion

2017 WL 2017

80

4:16-cv-03577

Order and Findings on Sanctions and Motions

Hernandez v. City of Houston

Aug. 30, 2018

Aug. 30, 2018

Order/Opinion

2020 WL 2020

89

4:16-cv-03577

[Proposed] Second Amended Class Action Complaint

Hernandez v. City of Houston

Dec. 10, 2018

Dec. 10, 2018

Complaint
154

4:16-cv-03577

Memorandum Opinion and Order

Hernandez v. City of Houston

July 3, 2019

July 3, 2019

Order/Opinion

2019 WL 2019

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6114300/hernandez-v-city-of-houston/

Last updated March 26, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against City Of Houston (Filing fee $ 400 receipt number 0541-17608440) filed by Juan Hernandez, James Dossett. (Attachments: # 1 Civil Cover Sheet)(King, Patrick) (Entered: 12/05/2016)

1 Civil Cover Sheet

View on PACER

Dec. 5, 2016

Dec. 5, 2016

Clearinghouse
2

Request for Issuance of Summons as to City Of Houston, filed.(King, Patrick) (Entered: 12/05/2016)

Dec. 5, 2016

Dec. 5, 2016

PACER
3

MOTION for Charles Lewis Gerstein to Appear Pro Hac Vice by James Dossett, Juan Hernandez, filed. Motion Docket Date 12/27/2016. (King, Patrick) (Entered: 12/05/2016)

Dec. 5, 2016

Dec. 5, 2016

PACER
4

MOTION for Andrew M. Genser to Appear Pro Hac Vice by James Dossett, Juan Hernandez, filed. Motion Docket Date 12/27/2016. (King, Patrick) (Entered: 12/05/2016)

Dec. 5, 2016

Dec. 5, 2016

PACER
5

MOTION for Amanda B. Elbogen to Appear Pro Hac Vice by James Dossett, Juan Hernandez, filed. Motion Docket Date 12/27/2016. (King, Patrick) (Entered: 12/05/2016)

Dec. 5, 2016

Dec. 5, 2016

PACER

Summons Issued as to City Of Houston. Issued summons returned to plaintiff by: First-class mail, filed.(hler, 4)

Dec. 6, 2016

Dec. 6, 2016

PACER

Summons Issued as to City Of Houston. Issued summons returned to plaintiff by: In person, filed.(bdaniel, 4)

Dec. 6, 2016

Dec. 6, 2016

PACER
6

ORDER granting 4 Motion for Andrew M. Genser to Appear Pro Hac Vice. (Signed by Judge Kenneth M Hoyt) Parties notified. (rosaldana, 4) (Entered: 12/07/2016)

Dec. 6, 2016

Dec. 6, 2016

PACER
8

ORDER granting 3 Motion for Charles Lewis Gerstein to Appear Pro Hac Vice. (Signed by Judge Kenneth M Hoyt) Parties notified.(rosaldana, 4) (Entered: 12/07/2016)

Dec. 6, 2016

Dec. 6, 2016

PACER
9

ORDER granting 5 Motion for Amanda B. Elbogen to Appear Pro Hac Vice. (Signed by Judge Kenneth M Hoyt) Parties notified. (rosaldana, 4) (Entered: 12/07/2016)

Dec. 6, 2016

Dec. 6, 2016

PACER
7

ORDER for Initial Pretrial and Scheduling Conference by Telephone and Order to Disclose Interested Persons. Counsel who filed or removed the action is responsible for placing the conference call and insuring that all parties are on the line. The call shall be placed to (713)250-5613. Telephone Conference set for 2/6/2017 at 08:45 AM by telephone before Judge Kenneth M Hoyt (Signed by Judge Kenneth M Hoyt) Parties notified.(hcarradi, 4) (Entered: 12/07/2016)

Dec. 7, 2016

Dec. 7, 2016

PACER
10

NOTICE of Appearance by Susanne Pringle on behalf of James Dossett, Juan Hernandez, filed. (King, Patrick) (Entered: 12/08/2016)

Dec. 8, 2016

Dec. 8, 2016

PACER
11

CERTIFICATE OF INTERESTED PARTIES by James Dossett, Juan Hernandez, filed.(Bernhardt, Rebecca) (Entered: 01/13/2017)

Jan. 13, 2017

Jan. 13, 2017

PACER

Summons Issued as to City Of Houston, U.S. Attorney and U.S. Attorney General. Issued summons returned to plaintiff by: In person, filed.(mmapps, 4)

Jan. 19, 2017

Jan. 19, 2017

PACER
12

RETURN of Service of SUMMONS Executed as to City Of Houston served on 1/19/2016, answer due 2/9/2016, filed.(King, Patrick) (Entered: 01/23/2017)

Jan. 23, 2017

Jan. 23, 2017

PACER
13

Unopposed MOTION for Continuance of Conference by James Dossett, Juan Hernandez, filed. Motion Docket Date 2/13/2017. (King, Patrick) (Entered: 01/23/2017)

Jan. 23, 2017

Jan. 23, 2017

PACER
14

ORDER granting 13 Unopposed MOTION for Continuance of Conference ( Telephone Conference set for 3/6/2017 at 09:00 AM before Judge Kenneth M Hoyt)(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 01/27/2017)

Jan. 27, 2017

Jan. 27, 2017

PACER
15

MOTION to Dismiss by City Of Houston, filed. Motion Docket Date 3/2/2017. (Attachments: # 1 Proposed Order, # 2 Exhibit 1 - Affidavit - Steven Spears, # 3 Exhibit 2 - Search and Arrest Warrant, # 4 Exhibit 3 - Affidavit - Glen Tabor, # 5 Exhibit 4 - Business Records Affidavit - Jail Release)(Lemond, Connica) (Entered: 02/09/2017)

Feb. 9, 2017

Feb. 9, 2017

PACER
16

JOINT DISCOVERY/CASE MANAGEMENT PLAN by James Dossett, Juan Hernandez, filed.(King, Patrick) (Entered: 02/24/2017)

Feb. 24, 2017

Feb. 24, 2017

PACER
17

Opposed MOTION to Stay Discovery by City Of Houston, filed. Motion Docket Date 3/22/2017. (Attachments: # 1 Proposed Order)(Lemond, Connica) (Entered: 03/01/2017)

March 1, 2017

March 1, 2017

PACER
18

NOTICE of Dismissal as to James Dossett by James Dossett, filed. (Gerstein, Charles) (Entered: 03/01/2017)

March 1, 2017

March 1, 2017

PACER
19

AMENDED COMPLAINT with Jury Demand against City Of Houston filed by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall.(Gerstein, Charles) (Entered: 03/01/2017)

March 1, 2017

March 1, 2017

Clearinghouse
20

RESPONSE to 15 MOTION to Dismiss filed by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall. (Attachments: # 1 Proposed Order)(Gerstein, Charles) (Entered: 03/02/2017)

1 Proposed Order

View on RECAP

March 2, 2017

March 2, 2017

RECAP
21

ORDER granting 17 Motion to Stay Discovery. The Discovery in this matter is STAYED until the Court has ruled on the merits of the defendant's Motion to Dismiss.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 03/03/2017)

March 3, 2017

March 3, 2017

PACER
22

ORDER granting 18 Notice of Dismissal as to James Dossett. (Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 03/03/2017)

March 3, 2017

March 3, 2017

PACER
23

ORDER FOLLOWING TELEPHONE SCHEDULING CONFERENCE held on March 6, 2017 at 9:00 a.m. Appearances: Amanda Beth Elbogen, Charles Lewis Gerstein, Suzanne Pringle, Connica Mou Lemond. ETT: 5-7 days. Jury trial. Initial Disclosures due by 3/30/2017. Pltf Expert Witness List due by 10/1/2017. Pltf Expert Report due by 10/1/2017. Deft Expert Witness List due by 11/1/2017. Deft Expert Report due by 11/1/2017. Discovery due by 12/30/2017. Dispositive Motion Filing due by 1/15/2018. Docket Call set for 4/2/2018 at 11:30 AM in Courtroom 11A before Judge Kenneth M Hoyt. Discovery may be extended by agreement of the parties without Court intervention. The dispositive motion deadline and docket call dates, however, may not be extended without leave of Court. Attorney's fee applications are handled on the papers of the parties after notice. Expedited responses are required on all pretrial motions save dispositive motions.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 03/07/2017)

March 6, 2017

March 6, 2017

PACER
24

ORDER denying 15 Motion to Dismiss.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 03/07/2017)

March 6, 2017

March 6, 2017

Clearinghouse
25

Amended MOTION to Dismiss or, in the Alternative, Amended Motion for Summary Judgment by City Of Houston, filed. Motion Docket Date 4/5/2017. (Attachments: # 1 Exhibit A - Affidavit - Amanda Zimmerman, # 2 Exhibit B - Affidavit - Eric Henry, # 3 Exhibit C - Affidavit - Steven Spears)(Lemond, Connica) (Entered: 03/15/2017)

March 15, 2017

March 15, 2017

PACER
26

RESPONSE in Opposition to 25 Amended MOTION to Dismiss or, in the Alternative, Amended Motion for Summary Judgment, filed by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall. (Gerstein, Charles) (Entered: 04/05/2017)

April 5, 2017

April 5, 2017

PACER
27

MEMORANDUM AND ORDER denying 25 Defendant's Amended MOTION to Dismiss or, in the Alternative, Amended Motion for Summary Judgment. (Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 06/07/2017)

June 6, 2017

June 6, 2017

Clearinghouse
28

STIPULATION re: Scheduling, and Proposed Order re: Scheduling by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed.(Gerstein, Charles) (Entered: 06/21/2017)

June 21, 2017

June 21, 2017

PACER
29

Agreed MOTION for Protective Order by City Of Houston, filed. Motion Docket Date 8/3/2017. (Attachments: # 1 Proposed Order)(Lemond, Connica) (Entered: 07/13/2017)

1 Proposed Order

View on RECAP

July 13, 2017

July 13, 2017

RECAP
30

PROTECTIVE ORDER Granting 29 Agreed MOTION for Protective Order (Signed by Judge Kenneth M Hoyt) Parties notified.(jguajardo, 4) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER
31

AMENDED SCHEDULING ORDER. Initial Disclosures due by 3/30/2017. Parties Certify that production of documents responsive to requests for production of documents is complete 7/14/2017. Privilege Logs Exchanged 7/21/2017. Fact depositions begin 7/24/2017. Plaintiffs move for class certification and serve any supporting expert reports 8/25/2017. Defendant files opposition to class certification and serves any opposing expert reports 9/8/2017. Fact discovery closes 9/15/2017. Deadline for deposing class certification experts 9/22/2017. Plaintiffs file reply brief in support of class certification and serve any supporting expert reports 9/29/2017. Pltf Expert Witness List & Report due by 10/1/2017. Deft Expert Witness List & Report due by 11/1/2017. Deadline for Plaintiffs to submit reply expert reports, if any 11/15/2017. Discovery due by 12/30/2017. Dispositive Motion Filing due by 1/15/2018. Docket Call set for 4/2/2018 at 11:30 AM in Courtroom 11A before Judge Kenneth M Hoyt. Jury Trial (To Be Determined). (Signed by Judge Kenneth M Hoyt) Parties notified.(jguajardo, 4) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER
32

MOTION for Alex S. Zuckerman to Appear Pro Hac Vice by James Dossett, Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. Motion Docket Date 8/8/2017. (King, Patrick) (Entered: 07/18/2017)

July 18, 2017

July 18, 2017

PACER
33

ORDER Granting 32 Motion for Alex S. Zuckerman to Appear Pro Hac Vice.(Signed by Judge Kenneth M Hoyt) Parties notified.(jguajardo, 4) (Entered: 07/20/2017)

July 20, 2017

July 20, 2017

PACER
34

STIPULATION re: Scheduling by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. (Attachments: # 1 Proposed Order)(Gerstein, Charles) (Entered: 08/25/2017)

Aug. 25, 2017

Aug. 25, 2017

PACER
35

SCHEDULING ORDER granting 34 STIPULATION. Certification that Production of Documents responsive to Requests are complete by 12/15/2017. Privilege logs exchanged by 12/22/2017. Fact Depositions begin by 1/16/2018. Pltf Move for Class Certification by 2/23/2018. Deft Opposition to Class Certification by 3/9/2018. Fact Discovery closes by 3/16/2018. Deadline for Deposing Class Certification Experts 3/23/2018. Reply Brief in support of class certification due by 3/30/2018. Pltf Expert Report due by 4/13/2018. Deft Expert Report due by 5/14/2018. Reply Expert Reports due by 5/29/2018. Discovery due by 6/8/2018. Dispositive Motion Filing due by 6/29/2018. Docket Call TBD. Jury Trial TBD.(Signed by Judge Kenneth M Hoyt) Parties notified.(gclair, 4) (Entered: 09/20/2017)

Sept. 20, 2017

Sept. 20, 2017

PACER
36

WITHDRAWN per Notice #39 MOTION for Entry of Order re: PLAINTIFFS' MOTION FOR ENTRY OF ESI PROTOCOL AND TO COMPEL PRODUCTION OF DOCUMENTS PURSUANT THERETO by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. Motion Docket Date 11/7/2017. (Attachments: # 1 Exhibit A Proposed ESI Protocol, # 2 Exhibit B COH0000506, # 3 Exhibit C September 27, 2017 Letter to C. Lemond, # 4 Exhibit D COH0000003, # 5 Exhibit E COH0000957, # 6 Exhibit F October 12, 2017 Letter to C. Lemond)(King, Patrick) Modified on 11/7/2017 (chorace). (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

PACER
37

ORDER for Expedited Response; Motion-related deadline set re: 36 MOTION for Entry of Order re: Plaintiffs' Motion for Entry of ESI PROTOCOL and to Compel Production of Documents Pursuant thereto. Response to Motion due by 11/2/2017.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 10/23/2017)

Oct. 23, 2017

Oct. 23, 2017

PACER
38

Agreed MOTION for Entry of Order re: Production of Electronically Stored Information by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. Motion Docket Date 11/24/2017. (Attachments: # 1 Exhibit A. Proposed Order)(King, Patrick) (Entered: 11/03/2017)

Nov. 3, 2017

Nov. 3, 2017

PACER
39

NOTICE OF WITHDRAWAL re: 36 MOTION for Entry of Order re: PLAINTIFFS' MOTION FOR ENTRY OF ESI PROTOCOL AND TO COMPEL PRODUCTION OF DOCUMENTS PURSUANT THERETO by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. (King, Patrick) (Entered: 11/03/2017)

Nov. 3, 2017

Nov. 3, 2017

PACER
40

STIPULATION AND ORDER CONCERNING PRODUCTION OF ELECTRONICALLY STORED INFORMATION 38 Agreed MOTION for Entry of Order re: Production of Electronically Stored Information. (Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 11/08/2017)

Nov. 8, 2017

Nov. 8, 2017

RECAP
41

MOTION for Rebecca Bernhardt to Withdraw as Attorney by James Dossett, Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. Motion Docket Date 12/6/2017. (Attachments: # 1 Proposed Order)(Pringle, Susanne) (Entered: 11/15/2017)

Nov. 15, 2017

Nov. 15, 2017

PACER
42

ORDER granting 41 Motion to Withdraw as Attorney. Attorney Rebecca Bernhardt terminated. (Signed by Judge Kenneth M Hoyt) Parties notified.(gclair, 4) (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

PACER
43

NOTICE of Change in Bar Status by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. (Gerstein, Charles) (Entered: 02/13/2018)

Feb. 13, 2018

Feb. 13, 2018

PACER
44

Agreed MOTION for Extension of Time Class Certification Deadline by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. Motion Docket Date 3/16/2018. (Gerstein, Charles) (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER
45

PROPOSED ORDER re: 44 Agreed MOTION for Extension of Time Class Certification Deadline, filed.(Gerstein, Charles) (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER
46

ORDER granting 44 Agreed MOTION for Extension of Time Class Certification Deadline. It is ORDERED that the class certification briefing deadline is extended until 21 days after the City certifies its document production is complete. (Signed by Judge Kenneth M Hoyt) Parties notified.(sanderson, 4) (Entered: 02/26/2018)

Feb. 26, 2018

Feb. 26, 2018

PACER
47

MOTION to Compel Production and For Discovery Sanctions by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. Motion Docket Date 3/21/2018. (Attachments: # 1 Exhibit A Plaintiffs' First Set of Requests for Production, # 2 Exhibit B Plaintiffs' First Set of Interrogatories, # 3 Exhibit C July 31 2017 Letter, # 4 Exhibit D September 27 2017 Letter, # 5 Exhibit E October 12 2017 Letter, # 6 Exhibit F November 17 2017 Letter, # 7 Exhibit G November 30 2017 Letter, # 8 Exhibit H December 14 2017 Letter, # 9 Exhibit I January 18 2017 Letter, # 10 Exhibit J January 25 2018 Letter)(King, Patrick) (Entered: 02/28/2018)

Feb. 28, 2018

Feb. 28, 2018

PACER
48

PROPOSED ORDER re: 47 MOTION to Compel Production and For Discovery Sanctions, filed.(King, Patrick) (Entered: 02/28/2018)

Feb. 28, 2018

Feb. 28, 2018

PACER
49

ORDER for Expedited Response; Motion-related deadline set re: 47 MOTION to Compel Production and For Discovery Sanctions; Response to Motion due by 3/12/2018.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 03/01/2018)

March 1, 2018

March 1, 2018

PACER
50

NOTICE of Appearance by Jennifer F. Callan on behalf of City Of Houston, filed. (Callan, Jennifer) (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

PACER
51

RESPONSE to 47 MOTION to Compel Production and For Discovery Sanctions filed by City Of Houston. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Callan, Jennifer) (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

PACER
52

REPLY in Support of 47 MOTION to Compel Production and For Discovery Sanctions, filed by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall. (King, Patrick) (Entered: 03/14/2018)

March 14, 2018

March 14, 2018

PACER
53

NOTICE of Setting as to 47 MOTION to Compel Production and For Discovery Sanctions. Parties notified. Motion Hearing set for 4/3/2018 at 09:00 AM in Courtroom 11A before Judge Kenneth M Hoyt, filed. (chorace) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
54

Minute Entry for proceedings held before Judge Kenneth M Hoyt. MOTION HEARING held on 4/3/2018. The Court takes this matter under advisement. Appearances: Jennifer F Callan, Connica Mou Lemond, Charles Lewis Gerstein, Amanda Beth Elbogen, Patrick King, Alex S. Zuckerman.(Court Reporter: G. Dye), filed.(chorace) (Entered: 04/03/2018)

April 3, 2018

April 3, 2018

PACER
55

AO 435 TRANSCRIPT REQUEST by Patrick J. King; Alex S. Zuckerman for Transcript of Motion Hearing on 4/3/18 before Judge Kenneth M. Hoyt. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Gayle Dye, filed. (King, Patrick) (Entered: 04/04/2018)

April 4, 2018

April 4, 2018

PACER
56

TRANSCRIPT re: Motion Hearing held on April 3, 2018, before Judge Kenneth M Hoyt. Court Reporter/Transcriber Dye. Ordering Party Alex Zuckerman Release of Transcript Restriction set for 7/5/2018., filed. (gdye, ) (Entered: 04/06/2018)

April 6, 2018

April 6, 2018

PACER
57

Notice of Filing of Official Transcript as to 56 Transcript. Party notified, filed. (hcarr, 4) (Entered: 04/09/2018)

April 9, 2018

April 9, 2018

PACER
58

MEMORANDUM AND ORDER granting 47 MOTION to Compel Production and For Discovery Sanctions. Within twenty (20) days of the entry of this Order, the defendant shall produce all non-privileged documents responsive to the plaintiffs requests for production nos. 1-4, 8 and 9 in accordance with the Courts November 8, 2017, ESI Order 40 . Any claim of privilege must be accompanied by a privilege log.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 04/10/2018)

April 10, 2018

April 10, 2018

PACER
59

MOTION to Enforce The Court's April 10, 2018 Order as to 58 Memorandum and Order, by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. Motion Docket Date 6/6/2018. (Attachments: # 1 Exhibit A - 2018-04-03 Motion to Compel Transcript, # 2 Exhibit B - 2018-04-27 C. Lemond Response to Letter, # 3 Exhibit C - 2018-04-11 A. Elbogen Email, # 4 Exhibit D - 2018-04-30 City Hit Report, # 5 Exhibit E - 2018-04-26 C. Lemond Email, # 6 Exhibit F - 2018-04-26 Letter to C. Lemond, # 7 Exhibit G - 2018-05-02 A. Elbogen Email, # 8 Exhibit H - Contact List Verify Documents, # 9 Exhibit I - COH0000028, # 10 Exhibit J - COH0000246, # 11 Exhibit K - COH0000602, # 12 Exhibit L - COH0000914)(King, Patrick) (Entered: 05/16/2018)

May 16, 2018

May 16, 2018

PACER
60

NOTICE of Setting as to 59 MOTION to Enforce The Court's April 10, 2018 Order as to 58 Memorandum and Order, Parties notified. Motion Hearing set for 6/11/2018 at 11:00 AM in Courtroom 11A before Judge Kenneth M Hoyt, filed. (chorace) (Entered: 05/25/2018)

May 25, 2018

May 25, 2018

PACER
61

NOTICE of Resetting as to 59 MOTION to Enforce The Court's April 10, 2018 Order as to 58 Memorandum and Order. Parties notified. Motion Hearing set for 6/13/2018 at 01:30 PM in Courtroom 11A before Judge Kenneth M Hoyt, filed. (chorace) (Entered: 06/07/2018)

June 7, 2018

June 7, 2018

PACER
62

RESPONSE to 59 MOTION to Enforce The Court's April 10, 2018 Order as to 58 Memorandum and Order, filed by City Of Houston. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Lemond, Connica) (Entered: 06/07/2018)

June 7, 2018

June 7, 2018

PACER
63

WITHDRWAN per Order 74 MOTION to Strike 62 Response to Motion by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. Motion Docket Date 6/29/2018. (Attachments: # 1 Proposed Order Proposed Order on Motion to Strike)(King, Patrick) Modified on 6/21/2018 (chorace). (Entered: 06/08/2018)

June 8, 2018

June 8, 2018

PACER
64

NOTICE OF WITHDRAWAL OF APPEARANCE OF ANDREW M. GENSER by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. (King, Patrick) (Entered: 06/08/2018)

June 8, 2018

June 8, 2018

PACER
65

NOTICE of Appearance by Christine P. Payne on behalf of Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. (King, Patrick) (Entered: 06/09/2018)

June 9, 2018

June 9, 2018

PACER
66

RESPONSE in Opposition to 63 MOTION to Strike 62 Response to Motion, filed by City Of Houston. (Attachments: # 1 Proposed Order)(Lemond, Connica) (Entered: 06/11/2018)

June 11, 2018

June 11, 2018

PACER
67

REPLY in Support of 59 MOTION to Enforce The Court's April 10, 2018 Order as to 58 Memorandum and Order,, filed by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall. (Attachments: # 1 Exhibit A - 4/3/18 Hearing Transcript Excerpts)(King, Patrick) (Entered: 06/12/2018)

June 12, 2018

June 12, 2018

PACER
68

Minute Entry for proceedings held before Judge Kenneth M Hoyt. MOTION HEARING held on 6/13/2018. The pltfs' oral motion to withdraw its motion to strike the defendant's response is Granted. The Court determines that the City has failed to comply with the Court's Order. Within 10 days of the date of this hearing, the pltfs' shall file under seal their proposed findings and proposed remedy. The City may file under seal, its response to the pltfs' findings w/i 10 days of the pltfs' filings. The Court takes this matter under advisement. Appearances: Jennifer F Callan, Connica Mou Lemond, Christine P Payne, Charles Lewis Gerstein, Amanda Beth Elbogen, Alex S. Zuckerman.(Court Reporter: H. Alcaraz), filed.(chorace) (Entered: 06/13/2018)

June 13, 2018

June 13, 2018

PACER
74

ORDER withdrawing 63 MOTION to Strike 62 Response to Motion .(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 06/21/2018)

June 13, 2018

June 13, 2018

PACER
69

ADMINISTRATIVE TRANSCRIPT/RECORD from Kirkland and Ellis LLP by Juan Hernandez, filed.(King, Patrick) (Entered: 06/14/2018)

June 14, 2018

June 14, 2018

PACER
70

AO 435 TRANSCRIPT REQUEST by City of Houston for Transcript of 04.03.2018 Hearing Transcript. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Contract Court Reporter, filed. (Callan, Jennifer) (Entered: 06/14/2018)

June 14, 2018

June 14, 2018

PACER
71

TRANSCRIPT re: Motion Hearing held on 6/13/18 before Judge Kenneth M Hoyt. Court Reporter Heather Alcaraz. Ordering Party Kasia Olkowski. Release of Transcript Restriction set for 9/12/2018, filed. (halcaraz, ) (Entered: 06/14/2018)

June 14, 2018

June 14, 2018

PACER
72

AO 435 TRANSCRIPT REQUEST by City of Houston for Transcript of 06.13.2018 Hearing Transcript. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Contract Court Reporter, filed. (Callan, Jennifer) (Entered: 06/14/2018)

June 14, 2018

June 14, 2018

PACER
73

Notice of Filing of Official Transcript as to 71 Transcript. Party notified, filed. (dhansen, 4) (Entered: 06/15/2018)

June 15, 2018

June 15, 2018

PACER
75

Sealed Event, filed. (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
76

Sealed Event, filed. (With attachments) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
77

Sealed Event, filed. (With attachments) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

PACER
78

Unopposed MOTION for Connica Lemond to Withdraw as Attorney( Motion Docket Date 7/24/2018.), Unopposed MOTION to Substitute Attorney Jennifer Callan in place of Connica Lemond by City Of Houston, filed. (Attachments: # 1 Proposed Order)(Lemond, Connica) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

PACER
79

ORDER granting 78 Unopposed MOTION for Connica Lemond to Withdraw as Attorney; granting 78 Unopposed MOTION to Substitute Attorney Jennifer Callan in place of Connica Lemond for City Of Houston...*** Attorney Connica Mou Lemond terminated. (Signed by Judge Kenneth M Hoyt)( Motion Docket Date 7/24/2018.), Parties notified.(sanderson, 4) (Entered: 07/05/2018)

July 5, 2018

July 5, 2018

PACER
80

ORDER AND FINDINGS ON SANCTIONS AND MOTIONS 59 Motion to Enforce.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 08/30/2018)

Aug. 30, 2018

Aug. 30, 2018

Clearinghouse
81

NOTICE of attorney substitution by City Of Houston. Attorney Sean Gorman added, filed. (Gorman, Sean) (Entered: 10/08/2018)

Oct. 8, 2018

Oct. 8, 2018

PACER
82

NOTICE of Appearance by Nancy McEvily Davis on behalf of City Of Houston, filed. (Davis, Nancy) (Entered: 10/08/2018)

Oct. 8, 2018

Oct. 8, 2018

PACER
83

NOTICE of Appearance by Jeremy W. Dunbar on behalf of City Of Houston, filed. (Dunbar, Jeremy) (Entered: 10/18/2018)

Oct. 18, 2018

Oct. 18, 2018

PACER
84

Unopposed MOTION to Amend by James Dossett, Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. Motion Docket Date 12/31/2018. (Attachments: # 1 Exhibit Exhibit 1 - Proposed Order, # 2 Exhibit Exhibit 2 - Proposed Second Amended Complaint, # 3 Exhibit Exhibit 3 - Redline of Amended Complaints)(King, Patrick) (Entered: 12/10/2018)

Dec. 10, 2018

Dec. 10, 2018

PACER
85

Amended PROPOSED ORDER re: 84 Unopposed MOTION to Amend, filed.(King, Patrick) (Entered: 12/11/2018)

Dec. 11, 2018

Dec. 11, 2018

PACER
86

MOTION to Certify Class by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. Motion Docket Date 1/2/2019. (Attachments: # 1 Proposed Order, # 2 Exhibit 1 - COH0020250, # 3 Exhibit 2 - Affidavit of Steven Spears, # 4 Exhibit 3 - COH0001043, # 5 Exhibit 4 - COH0000721, # 6 Exhibit 5 - COH0000471, # 7 Exhibit 6 - COH0000246, # 8 Exhibit 7 - COH0000383, # 9 Exhibit 8 - COH0000506, # 10 Exhibit 9 - COH0000597, # 11 Affidavit Declaration of Alex Zuckerman, # 12 Exhibit A - Kirkwood HC Records, # 13 Exhibit B - Trevino HC Records, # 14 Exhibit C - Wheatfall HC Records, # 15 Exhibit D - Hernandez HC Records, # 16 Exhibit E - Aguirre HC Records, # 17 Affidavit Declaration of Amanda Elbogen, # 18 Affidavit Declaration of Charles Gerstein, # 19 Affidavit Declaration of Susanne Pringle)(King, Patrick) (Entered: 12/11/2018)

1

View on RECAP

3

View on RECAP

4

View on RECAP

Dec. 11, 2018

Dec. 11, 2018

PACER
88

ORDER granting 84 Unopposed Motion for Leave to File an Amended Complaint. It is FURTHER ORDERED that the clerk is directed to file the plaintiffs Second Amended Complaint, attached as Exhibit 2 to their motion for leave, as of the date of this Order. (Signed by Judge Kenneth M Hoyt) Parties notified.(sanderson, 4) (Entered: 12/18/2018)

Dec. 13, 2018

Dec. 13, 2018

PACER
89

Second AMENDED COMPLAINT against City Of Houston filed by DeQuan Kirkwood, Juan Hernandez, Kent Wheatfall, Manuel Trevino, Eric Aguirre.(sanderson, 4) (Entered: 12/18/2018)

Dec. 13, 2018

Dec. 13, 2018

Clearinghouse
90

ORDER granting 84 Motion to Amend Complaint. Pursuant to the parties agreement, the defendants motion or answer in response to the Second Amended Complaint 89 is due forty-five days after this Order.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) (Entered: 12/18/2018)

Dec. 13, 2018

Dec. 13, 2018

PACER
87

MOTION for Stephanie M. Shimada to Appear Pro Hac Vice by Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. Motion Docket Date 1/4/2019. (King, Patrick) (Entered: 12/14/2018)

Dec. 14, 2018

Dec. 14, 2018

PACER
91

ORDER granting 87 Motion for Stephanie M Shimada to Appear Pro Hac Vice. (Signed by Judge Kenneth M Hoyt) Parties notified.(gclair, 4) (Entered: 12/18/2018)

Dec. 17, 2018

Dec. 17, 2018

PACER
92

MOTION for Ryan C. Downer to Appear Pro Hac Vice by Eric Aguirre, Juan Hernandez, DeQuan Kirkwood, Manuel Trevino, Kent Wheatfall, filed. Motion Docket Date 1/9/2019. (Gerstein, Charles) (Entered: 12/19/2018)

Dec. 19, 2018

Dec. 19, 2018

PACER
93

STIPULATION re: Extension of Time for Response and Reply to Plaintiffs' Motion for Class Certification by City Of Houston, filed.(Gorman, Sean) (Entered: 12/20/2018)

Dec. 20, 2018

Dec. 20, 2018

PACER

Set/Reset Motion Deadlines/Hearings

Dec. 20, 2018

Dec. 20, 2018

PACER

***Set/Reset Deadlines as to 86 MOTION to Certify Class : Responses due by 2/1/2019; Replies due by 2/15/2019. (chorace)

Dec. 20, 2018

Dec. 20, 2018

PACER
94

Opposed MOTION for Reconsideration of 80 Order on Motion to Enforce by City Of Houston, filed. Motion Docket Date 1/10/2019. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Proposed Order)(Gorman, Sean) (Entered: 12/20/2018)

Dec. 20, 2018

Dec. 20, 2018

PACER
95

Opposed MOTION for Leave to Depose Incarcerated Persons by City Of Houston, filed. Motion Docket Date 1/10/2019. (Attachments: # 1 Proposed Order)(Gorman, Sean) (Entered: 12/20/2018)

Dec. 20, 2018

Dec. 20, 2018

PACER

Case Details

State / Territory: Texas

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 5, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Class A: All people arrested without a warrant after December 5, 2014, and detained by the City of Houston for more than 48 hours. Class B: All people arrested without a warrant after December 5, 2014, and detained by the City of Houston for more than 24 hours and less than 48 hours.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Civil Rights Corps

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of Houston (Houston, Harris), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 1.17 million

Issues

General:

Conditions of confinement

Fines/Fees/Bail/Bond

Over/Unlawful Detention