Case: DeVonish v. Garza

5:73-00059 | U.S. District Court for the Western District of Texas

Filed Date: March 9, 1973

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Case Summary

In 1973, an inmate filed an action against officials at the Bexar County Jail in Texas alleging unconstitutional jail conditions. After several other inmates filed similar actions, the district court for the Western District of Texas (Chief Judge William Steele Sessions) consolidated the cases, directed the United States to appear as a litigating Amicus Curiae, and certified plaintiffs' class. In 1980, defendants moved to dismiss the United States or to require compliance with the Civil Right…

In 1973, an inmate filed an action against officials at the Bexar County Jail in Texas alleging unconstitutional jail conditions. After several other inmates filed similar actions, the district court for the Western District of Texas (Chief Judge William Steele Sessions) consolidated the cases, directed the United States to appear as a litigating Amicus Curiae, and certified plaintiffs' class. In 1980, defendants moved to dismiss the United States or to require compliance with the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. section 1997 et seq., which Congress enacted after the court named the United States as a party to the case. The court denied defendants' motion. DeVonish v. Garza, 510 F. Supp. 658 (W.D. Tex. 1981).

In the early 1980s, the court entered a consent decree that required defendants to ensure life safety and personal hygiene, fix environmental deficiencies, reduce jail population, protect inmates from harm, increase staff training and supervision, implement policies and procedures to increase medical care, and provide recreational opportunities for inmates. The consent decree was still in effect in 1986, when a different plaintiff in Bexar County Jail filed suit against county officials and claimed that they were in violation of the DeVonish consent decree (the court ultimately disagreed with plaintiff). Gill v. Neaves, 1986 U.S. Dist. LEXIS 21879 (W.D. Tex. 1986). The docket for this case is not available on PACER, so we have no subsequent information.

Summary Authors

Lauren Cutson (5/26/2005)

People


Judge(s)
Attorney for Plaintiff

Benbow, John W. (Texas)

Duke, Lonnie W. (District of Columbia)

Attorney for Defendant

Burris, Keith W. (Texas)

Expert/Monitor/Master/Other

Berlin, Steven B. (District of Columbia)

Campion, Charles (Texas)

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Documents in the Clearinghouse

Document

5:73-00059

Memorandum Opinion and Order

March 10, 1981

March 10, 1981

Order/Opinion

510 F.Supp. 510

5:73-00059

Decree on Declaratory and Injunctive Relief

June 1, 1981

June 1, 1981

Order/Opinion

Docket

Last updated March 26, 2024, 3:04 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Texas

Case Type(s):

Jail Conditions

Key Dates

Filing Date: March 9, 1973

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Plaintiffs are inmates at the Bexar County Jail.

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Bexar County Jail (San Antonio, Bexar), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Cruel and Unusual Punishment

Available Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1980 - 0

Issues

General:

Disciplinary procedures

Recreation / Exercise

Staff (number, training, qualifications, wages)

Totality of conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding / caseload

Type of Facility:

Government-run