Case: Hyde v. Texas Dept. of Criminal Justice

4:94-cv-02987 | U.S. District Court for the Southern District of Texas

Filed Date: Aug. 30, 1994

Closed Date: 2003

Clearinghouse coding complete

Case Summary

Dale Hyde, a pro se plaintiff, brought suit against the Texas Department of Criminal Justice under 42 U.S.C. § 1983 on August 30, 1994, complaining that his religious group was not allowed to meet under the same circumstances as other religious groups at the prison where he was incarcerated. Hyde had previously filed a written complaint with the prison about restrictions on his religious practices as a Jehovah's Witness. On October 23, 1996, the U.S. District Court for the Southern District of …

Dale Hyde, a pro se plaintiff, brought suit against the Texas Department of Criminal Justice under 42 U.S.C. § 1983 on August 30, 1994, complaining that his religious group was not allowed to meet under the same circumstances as other religious groups at the prison where he was incarcerated. Hyde had previously filed a written complaint with the prison about restrictions on his religious practices as a Jehovah's Witness. On October 23, 1996, the U.S. District Court for the Southern District of Texas (Judge Lynn N. Hughes) held that the warden's rejection of Hyde's complaint at the highest level within the prison grievance procedure resulted in a personal loss of religious freedom to Hyde. Hyde v. Texas Dept. of Criminal Justice, 948 F.Supp. 625 (S.D.Tex. 1996). Judge Hughes ordered that Hyde be allowed to attend religious meetings of Jehovah's Witnesses on the same conditions as other similarly situated religious groups. Hyde's religious group was entitled to meet without an approved outside volunteer and in the same size group as other religious groups at the prison. Judge Hughes further ordered that Hyde receive ""time off"" of work for ten days as compensation for his problems with religious meetings. The case was closed on October 23, 1996. Subsequent motions to appeal and to amend the original claim dating to 2003 were dismissed.

Summary Authors

Angela Heverling (12/1/2005)

People


Judge(s)

Crone, Marcia A. (Texas)

Hughes, Lynn Nettleton (Texas)

Attorney for Defendant

Felfe, Sharon (Texas)

Judge(s)

Crone, Marcia A. (Texas)

Hughes, Lynn Nettleton (Texas)

Attorney for Defendant

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Documents in the Clearinghouse

Document

4:94-cv-02987

Docket [PACER]

Hyde v. TDCJ-ID

Dec. 24, 2003

Dec. 24, 2003

Docket
3

4:94-cv-02987

Initial Order

Dec. 21, 1994

Dec. 21, 1994

Order/Opinion
4

4:94-cv-02987

Order for More Definite Statement

Dec. 21, 1994

Dec. 21, 1994

Order/Opinion
7

4:94-cv-02987

Order

Feb. 1, 1996

Feb. 1, 1996

Order/Opinion
11

4:94-cv-02987

Order

April 10, 1996

April 10, 1996

Order/Opinion
14

4:94-cv-02987

Partial Dismissal Order

June 4, 1996

June 4, 1996

Order/Opinion
16

4:94-cv-02987

Show Cause Order

Aug. 15, 1996

Aug. 15, 1996

Order/Opinion
18

4:94-cv-02987

Order

Sept. 23, 1996

Sept. 23, 1996

Order/Opinion
21

4:94-cv-02987

Opinion on Judgment

Oct. 23, 1996

Oct. 23, 1996

Order/Opinion
21

4:94-cv-02987

Opinion on Judgment

Oct. 23, 1996

Oct. 23, 1996

Order/Opinion

948 F.Supp. 948

Docket

Last updated April 15, 2024, 3 a.m.

ECF Number Description Date Link Date / Link
1

Prisoner Civil Rights Complaint filed; (fmremp) (Entered: 08/30/1994)

Aug. 30, 1994

Aug. 30, 1994

2

MOTION to proceed in forma pauperis by Dale Hyde Dale Hyde for plaintiff Dale Hyde, Motion Docket Date 9/19/94 [2-1] motion , filed. (fmremp) (Entered: 08/30/1994)

Aug. 30, 1994

Aug. 30, 1994

Rec'd letter from Hyde, fwd to Staff Atty's. (fmremp) (Entered: 11/07/1994)

Nov. 4, 1994

Nov. 4, 1994

3

ORDER granting [2-1] motion to proceed in forma pauperis; pltf shall file no motions and conduct no discovery until authorized by the court, entered. Parties ntfd. ( Signed by Magistrate Judge Marcia A. Crone ) (ckrus) (Entered: 12/22/1994)

Dec. 21, 1994

Dec. 21, 1994

4

ORDER for More Definite Statment as to Dale Hyde, entered. Parties ntfd. Definite Statement due 1/21/95 (Signed by Magistrate Judge Marcia A. Crone) (ckrus) (Entered: 12/22/1994)

Dec. 21, 1994

Dec. 21, 1994

5

MORE DEFINITE STATEMENT by Dale Hyde , filed. (fmremp) (Entered: 01/04/1995)

Jan. 3, 1995

Jan. 3, 1995

6

Notice of change of address by Dale Hyde , filed. (fmremp) (Entered: 07/18/1995)

July 17, 1995

July 17, 1995

7

ORDER for Service of Process granting [2-1] motion to proceed in forma pauperis. The Clerk shall issue summons and the U.S. Marshal shall serve a copy of the complaint (#1), order for more definite statement (#4), Pltf's more definite statement (#5) and of this order upon Gary Johnson , entered. Parties ntfd. ( Signed by Magistrate Judge Marcia A. Crone ) (fmremp) (Entered: 02/06/1996)

Feb. 1, 1996

Feb. 1, 1996

SUMMONS to Gary Johnson, issued (fmremp) (Entered: 02/06/1996)

Feb. 6, 1996

Feb. 6, 1996

8

SUPPLEMENT to [1-1] complaint by Dale Hyde , filed. (fmremp) (Entered: 03/07/1996)

Feb. 21, 1996

Feb. 21, 1996

9

RETURN OF SERVICE executed certified mail as to Gary Johnson TDCJ-ID 2/27/96 filed Answer due on 3/18/96 for TDCJ-ID (bchurchill) (Entered: 03/11/1996)

March 8, 1996

March 8, 1996

10

SUPPLEMENTAL COMPLAINT by Dale Hyde , amending [1-1] complaint , filed. (fmremp) (Entered: 03/20/1996)

March 18, 1996

March 18, 1996

11

ORDER Spears hearing 9:00 5/31/96 , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (fmremp) (Entered: 04/10/1996)

April 10, 1996

April 10, 1996

Rec'd executed green card from Chief of the Enforcement Division, fwd to fileroom. (fmremp) (Entered: 04/29/1996)

April 24, 1996

April 24, 1996

12

ANSWER to Complaint by TDCJ-ID (Added attorney Linda M Kearney), filed.; jury demand (fmremp) (Entered: 05/07/1996)

May 6, 1996

May 6, 1996

WRIT of Habeas Corpus Ad Testificandum issued for the appearance of Dale Hyde for a Spears Hearing to be held at the Darrington Unit on 5/31/96 at 9 am before Judge Hughes. (fmremp) Modified on 05/22/1996 (Entered: 05/22/1996)

May 21, 1996

May 21, 1996

13

Minute entry: Hrg held; App: Vance. State must submit a two page stipulation of the practices at Wynne Unit by Friday 6/14/96. state must sen copy of stipulation and case law to Hyde. Dismissed claim regarding undesirable cell-mates. Review Wednesday 6/19/96. terminated deadlines Ct Reporter: N Cavazos (fmremp) (Entered: 06/04/1996)

May 31, 1996

May 31, 1996

14

ORDER OF DISMISSAL Hyde's claim concerning undersirable cellmates is dismissed. , entered; Parties ntfd. ( Signed by Judge Lynn N. Hughes ) (fmremp) (Entered: 06/05/1996)

June 4, 1996

June 4, 1996

15

REQUEST FOR CONTEMPT FINDING, by Dale Hyde , filed. (hlerma) Modified on 08/07/1996 (Entered: 08/07/1996)

Aug. 6, 1996

Aug. 6, 1996

16

Order to Show Cause: The TDCJ-ID is ordered to show cause at a hrg why they should not be held in contemt or its answer struck. The hrg will be held 2:30 9/16/96 as to TDCJ-ID , entered. Parties ntfd. ( Signed by Judge Lynn N. Hughes ) (hlerma) Modified on 09/11/1996 (Entered: 08/21/1996)

Aug. 15, 1996

Aug. 15, 1996

17

RESPONSE by TDCJ-ID to [16-1] order show cause , filed. (hlerma) (Entered: 09/04/1996)

Sept. 3, 1996

Sept. 3, 1996

19

SUPPLEMENTAL COMPLAINT filed; (hlerma) (Entered: 09/26/1996)

Sept. 9, 1996

Sept. 9, 1996

Deadline updated; set show cause hearing for 2:30 9/16/96 before Judge Lynn N. Hughes (hlerma) (Entered: 09/11/1996)

Sept. 11, 1996

Sept. 11, 1996

18

ORDER set miscellaneous hearing 2:00 10/15/96 , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 09/25/1996)

Sept. 23, 1996

Sept. 23, 1996

Rec'd letter from Mr Hyde, fwd to Staff Attys. (hlerma) (Entered: 10/04/1996)

Oct. 2, 1996

Oct. 2, 1996

Letter from the Clerk to Mr Hyde, Ref: response to Mr Hyde letter. (hlerma) (Entered: 10/09/1996)

Oct. 7, 1996

Oct. 7, 1996

21

OPINION ON JUDGMENT: Extended pleading, summary hrg at the prison, and a hrg to verify the post-hrg resolution of this case have resulted in a clear showing that the inmate was wronged. The state has agreed to a judgment that compensates Hyde for his administrative injury and announces his prosepective relief is compelled by law. This will be a final judgment. , entered. Parties notified. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 10/28/1996)

Oct. 23, 1996

Oct. 23, 1996

22

FINAL JUDGMENT , entered. Parties ntfd. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 10/28/1996)

Oct. 23, 1996

Oct. 23, 1996

Case closed (hlerma) (Entered: 10/28/1996)

Oct. 23, 1996

Oct. 23, 1996

23

MOTION for appointment of counsel by Dale Hyde, Motion Docket Date 11/14/96 [23-1] motion , filed. (hlerma) (Entered: 10/29/1996)

Oct. 25, 1996

Oct. 25, 1996

24

MOTION to amend the original claim by Dale Hyde, Motion Docket Date 11/14/96 [24-1] motion , filed. (hlerma) (Entered: 10/29/1996)

Oct. 25, 1996

Oct. 25, 1996

25

NOTICE OF APPEAL of [22-1] order by Dale Hyde , filed. (bwhite) (Entered: 12/02/1996)

Nov. 25, 1996

Nov. 25, 1996

Notice of appeal and certified copy of docket transmitted to USCA: [25- 1] appeal (bwhite) (Entered: 12/02/1996)

Dec. 2, 1996

Dec. 2, 1996

NOTICE of Docketing NOA from USCA Re: [25-1] appeal USCA NUMBER: 96-21124 (bwhite) (Entered: 12/17/1996)

Dec. 16, 1996

Dec. 16, 1996

26

ORDER denying Hyde's [23-1] motion for appointment of counsel and denying Hyde's [24-1] motion to amend the original claim , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 01/10/1997)

Jan. 9, 1997

Jan. 9, 1997

Certified and transmitted record on appeal consisting of 1 vol of record to U.S. Court of Appeals: [25-1] appeal . Parties ntfd. (bwhite) (Entered: 01/28/1997)

Jan. 28, 1997

Jan. 28, 1997

27

ORDER OF USCA (certified copy) Pursuant to the motion of appellant, Rule 42, FRAP, and Rule 42.1 of this court, the appeal was DISMISSED this 17th day of February, 1997, Re: [25-1] appeal , filed. [cca 96-21124] (mmapps) (Entered: 02/20/1997)

Feb. 20, 1997

Feb. 20, 1997

Record on appeal returned from U.S. Court of Appeals:Rec'd 1 vol of record, file reass'd fwd to fileroom. (mmapps) (Entered: 02/20/1997)

Feb. 20, 1997

Feb. 20, 1997

28

MOTION for clarification by Edward L Teague , Motion Docket Date 3/21/99 [28-1] motion , filed. (hlerma) (Entered: 03/01/1999)

March 1, 1999

March 1, 1999

29

ORDER denying Teague's [28-1] motion for clarification , Edward L. Teague moves for clarification. He is not a party and may not request relief in this case. entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 05/19/1999)

May 19, 1999

May 19, 1999

Rec'd letter from Hyde, ref: request for trancript. fwd to Staff Attys. (hlerma) (Entered: 07/06/1999)

July 6, 1999

July 6, 1999

30

REQUEST by Dale Hyde for Transcript , filed. (hlerma) (Entered: 10/26/1999)

Oct. 26, 1999

Oct. 26, 1999

31

MOTION to find Chaplain John Salmon in contempt of court , by Owen T Gordy, Motion Docket Date 4/5/01 [31-1] motion , filed. (psmith) (Entered: 03/19/2001)

March 16, 2001

March 16, 2001

32

OPINION , entered. Parties notified. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 11/29/2001)

Nov. 27, 2001

Nov. 27, 2001

33

ORDER denying [31-1] motion to find Chaplain John Salmon in contempt of court , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 11/29/2001)

Nov. 27, 2001

Nov. 27, 2001

MAIL RETURNED UNDELIVERABLE as to Dale Hyde re: [32-1] order (released) (hlerma) (Entered: 12/06/2001)

Dec. 5, 2001

Dec. 5, 2001

MAIL RETURNED UNDELIVERABLE as to Dale Hyde re: [33-1] order (released) (hlerma) (Entered: 12/06/2001)

Dec. 5, 2001

Dec. 5, 2001

MAIL RETURNED UNDELIVERABLE as to Dale Hyde re: [33-1] order (released) (hlerma) (Entered: 12/06/2001)

Dec. 5, 2001

Dec. 5, 2001

34

MOTION to find defts in contempt by Owen T Gordy, Motion Docket Date 7/9/02 [34-1] motion , filed. (ltien) (Entered: 06/20/2002)

June 19, 2002

June 19, 2002

35

MOTION to find defts in contempt by Kenneth W Hickman-Bey, Motion Docket Date 8/26/02 [35-1] motion , filed. (kprice) (Entered: 08/07/2002)

Aug. 6, 2002

Aug. 6, 2002

36

OPINION, entered: Prisoners Owen Gorday and Kenneth Hickman Bey are not parties to this suit. Their motions for contempt will be denied. They may file new complaints and tell this court why they believe their right to the free exercise of religion has been violated. Parties notified. ( signed by Judge Lynn N. Hughes ) (psmith) (Entered: 03/21/2003)

March 20, 2003

March 20, 2003

37

ORDER ; denying without prejudice Owen Gordy and Kenneth W Hickman-Bey's motions for contempt of court against prison officials ; denying without [34-1] motion to find defts in contempt ; denying [35-1] motion to find defts in contempt , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (kprice) (Entered: 03/23/2003)

March 20, 2003

March 20, 2003

MAIL RETURNED UNDELIVERABLE as to Dale Hyde re: [36-1] order (psmith) (Entered: 03/28/2003)

March 28, 2003

March 28, 2003

38

MOTION for leave to file contempt of court order by Gerald King, Motion Docket Date 12/11/03 [38-1] motion , filed. (psmith) (Entered: 11/26/2003)

Nov. 21, 2003

Nov. 21, 2003

39

MOTION for temporary restraining order due to contempt order by Gerald King, Motion Docket Date 12/21/03 [39-1] motion , filed. (ltien) (Entered: 12/03/2003)

Dec. 1, 2003

Dec. 1, 2003

40

REQUEST for ruling on the temporary restraining order, by Gerald King, filed. (psmith) (Entered: 12/05/2003)

Dec. 5, 2003

Dec. 5, 2003

41

SUPPLEMENT to Complaint, by Gerald King , filed. (psmith) (Entered: 12/05/2003)

Dec. 5, 2003

Dec. 5, 2003

42

ORDER denying King's [38-1] motion for leave to file contempt of court order denying King's [39-1] motion for temporary restraining order due to contempt order , entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (amaly) (Entered: 12/17/2003)

Dec. 16, 2003

Dec. 16, 2003

MAIL RETURNED UNDELIVERABLE as to Dale Hyde re: [42-1] order (refused) (psmith) (Entered: 01/05/2004)

Dec. 24, 2003

Dec. 24, 2003

Case Details

State / Territory: Texas

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Aug. 30, 1994

Closing Date: 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Jehovah's Witness inmate who claims he is not given the same freedoms to practice his religion as Muslims in the prison.

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Texas DOC, State

Texas Department of Justice, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Constitutional Clause(s):

Free Exercise Clause

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Form of Settlement:

Confession of Judgment

Order Duration: 1996 - 1996

Issues

General:

Religious programs / policies

Affected Sex or Gender:

Male

Type of Facility:

Government-run