Case: Harris v. Johnson

4:04-cv-01514 | U.S. District Court for the Southern District of Texas

Filed Date: April 15, 2004

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On April 15, 2004, David Ray Harris, a death-sentenced inmate at the Huntsville Prison in Texas filed a lawsuit under 42 U.S.C. § 1983 against the Texas Department of Corrections in the U.S. District Court for the Southern District of Texas. Harris complained that Texas' use of lethal injection as an execution method violated the Eighth Amendment's prohibition against cruel and unusual punishment, and he asked the Court to permanently enjoin the defendants from using lethal injection on any pr…

On April 30, 2004, the District Court (Judge Vanessa Gilmore) dismissed the complaint without addressing the merits, finding that Harris's complaint was nothing more than a successive habeas corpus complaint and ruling that Harris must seek authorization from the U.S. Court of Appeals for the Fifth Circuit (who had denied Harris's previous habeas claim) before filing a successive habeas petition in the district courts.

Harris appealed, and on June 23, 2004, the Fifth Circuit (Judges Jerry Edwin Smith, James L. Dennis, and Edith Brown Clement) issued a per curiam opinion reversing the District Court's dismissal of the case in light of the U.S. Supreme Court's ruling in Nelson v. Campbell, 124 S.Ct. 2117 (2004), which was decided after the District Court's decision in this case. In Nelson, the Supreme Court found that § 1983 was an appropriate vehicle for some challenges to state execution methods, and that not all such challenges are habeas claims. In light of this ruling, the Fifth Circuit remanded the case back to the District Court for consideration. Harris v. Johnson, No. 04-70020, 2004 WL 1427042 (5th Cir. Jun. 23, 2004).

Six days later, the District Court (Judge Gilmore) granted Harris's request for a temporary restraining order and stay of execution in order to allow for a hearing in the case and denying the defendants' motion to dismiss. The defendants appealed the denial of their motion to dismiss.

The next day, the Fifth Circuit overruled the District Court's granting of the stay of execution and dismissed the case. Harris asked the Supreme Court to review the decision, but the Supreme Court declined to hear the case.

On June 30, 2004 in Huntsville, Texas, David Ray Harris was executed by lethal injection. The case was closed the next day.

Summary Authors

Kristen Sagar (9/16/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/2360584/parties/harris-v-johnson/

Judge(s)

Gilmore, Vanessa D. (Texas)

Judge(s)

Gilmore, Vanessa D. (Texas)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

4:04-cv-01514	Docket [PACER]	July 6, 2004	July 6, 2004 Docket
4 4:04-cv-01514	Notice of Transfer	April 21, 2004	April 21, 2004 Other
5 4:04-cv-01514	Order [Dismissing Complaint]	April 29, 2004	April 29, 2004 Order/Opinion
04-70020 4:04-cv-01514	Judgment U.S. Court of Appeals for the Fifth Circuit	June 23, 2004	June 23, 2004 Order/Opinion
04-70020	USCA Per Curiam U.S. Court of Appeals for the Fifth Circuit	June 23, 2004	June 23, 2004 Order/Opinion 2004 WL 1427042
18 4:04-cv-01514	Order	June 29, 2004	June 29, 2004 Order/Opinion 323 F.Supp.2d 797

show / hide documents

Docket

See docket on RECAP: https://www.courtlistener.com/docket/2360584/harris-v-johnson/

Last updated April 8, 2025, 7:08 p.m.

ECF Number	Date	Description	Link
1	April 15, 2004	COMPLAINT by David Ray Harris filed; FILING FEE $ 150.00 RECEIPT # 543380 (bchurchill) (Entered: 04/19/2004)	PACER
2	April 15, 2004	MEMORANDUM of LAW by David Ray Harris in support of [1-1] complaint , filed (bchurchill) (Entered: 04/19/2004)	PACER
3	April 15, 2004	Order setting Initial Pretrial and Scheduling Conference on 3:00 7/30/04 before Judge Sim Lake and Order to Disclose Interested Persons, filed. Parties notified. (bchurchill) (Entered: 04/19/2004)	PACER
4	April 21, 2004	NOTICE OF TRANSFER ( to Judge Vanessa D. Gilmore ) Related to capital case, filed. Parties notified. (vhulsey) (Entered: 04/21/2004)	Clearinghouse
	April 21, 2004	CASE reassigned to Judge Vanessa D. Gilmore (vhulsey) (Entered: 04/21/2004)	PACER
5	April 29, 2004	ORDER, entered; Parties notified. This court DISMISSES Harris' complaint. As Harris' pleadings do not make a substantial showing of the denial of a constitutional right, no Certificate of Appealability will issue. ( signed by Judge Vanessa D. Gilmore ) (psmith) (Entered: 04/30/2004)	Clearinghouse
6	April 29, 2004	FINAL JUDGMENT, entered. Parties ntfd. This case is DISMISSED. No certificate of appealability will issue. ( signed by Judge Vanessa D. Gilmore ) (psmith) (Entered: 04/30/2004)	PACER
7	May 18, 2004	NOTICE OF APPEAL of [6-1] order by David Ray Harris , filed. Fee Status: paid Receipt #: 544514 (jdavenport) (Entered: 05/20/2004)	PACER
	May 18, 2004	APPEAL FILING FEE $ 255.00 PAID IN FULL by Nickens & Keeton Atty's for David R. Harris; RECEIPT # 4-544514. (ejones) (Entered: 05/19/2004)	PACER
	May 20, 2004	Notice of appeal and Copy of docket transmitted to USCA: [7- 1] appeal (jdavenport) (Entered: 05/20/2004)	PACER
	May 25, 2004	Certified and transmitted record on appeal consisting of 1 volume of pleadings to U.S. Court of Appeals: [7-1] appeal . Parties ntfd. (jdavenport) (Entered: 05/25/2004)	PACER
8	June 3, 2004	RULE 60 MOTION AND REQUEST for expedited hearing by David Ray Harris, Motion Docket Date 6/23/04 [8-1] motion , filed. (khightower) (Entered: 06/04/2004)	PACER
9	June 4, 2004	ORDER denying [8-1] motion for expedited hearing , entered; Parties notified. ( signed by Judge Vanessa D. Gilmore ) (khightower) (Entered: 06/07/2004)	PACER
10	June 9, 2004	NOTICE of Hearing: set scheduling conference for 1:30 7/2/04 before Judge Vanessa D. Gilmore before Judge Vanessa D. Gilmore , filed. A Joint Case Management Plan must be filed 10 days before the conference. (khightower) (Entered: 06/15/2004)	PACER
	June 15, 2004	NOTICE of Docketing NOA from USCA Re: [7-1] appeal USCA NUMBER: 04-70020 (mharrison) (Entered: 06/15/2004)	PACER
11	June 17, 2004	NOTICE of CANCELLATION of Hearing , filed. The Scheduling Conference set for 07/02/04 at 1:30 is CANCELLED. (khightower) (Entered: 06/18/2004)	PACER
12	June 23, 2004	ORDER that the State refile its brief in response to Petitioner's action and if petitoner seeks to file a reply brief addressing any new issues affected by the Supreme Court's opinion set brief due for 12pm 6/25/04 , and set party's reply brief due 12pm 6/25/04 , entered; Parties notified. ( signed by Judge Vanessa D. Gilmore ) (khightower) (Entered: 06/24/2004)	PACER
13	June 24, 2004	REQUEST by David Ray Harris for Tro and Post-Remand Brief , filed. (khightower) (Entered: 06/25/2004)	PACER
14	June 25, 2004	MOTION with brief in support to dismiss by Gary Johnson, Doug Dretke, Neill Hodges, Motion Docket Date 7/15/04 [14-1] motion , filed (khightower) (Entered: 06/28/2004)	PACER
15	June 28, 2004	JUDGMENT OF USCA (certified copy) Jun 23, 2004 issued as mandate on June 23, 2004 REVERSING & REMANDING the Judgment of the District Court Re: [7-1] appeal, filed. CCA No. 04-70020 (bdaniel) (Entered: 06/28/2004)	PACER
16	June 28, 2004	Certified copy of PER CURIAM by USCA, filed. CCA No. 04- 70020 (bdaniel) (Entered: 06/28/2004)	PACER
	June 28, 2004	Record on appeal, consisting of 1 Vol - Record, returned from U.S. Court of Appeals, reassembled and forwarded to case manager: [7-1] appeal . CCA No. 04-70020. (bdaniel) (Entered: 06/28/2004)	PACER
	June 28, 2004	Case reopened (bdaniel) (Entered: 06/28/2004)	PACER
18	June 29, 2004	ORDER granting pltf's [13-1] request for TRO; denying deft's [14-1] motion to dismiss , entered; Parties ( signed by Judge Vanessa D. Gilmore ) (sfedele) Modified on 06/30/2004 (Entered: 06/29/2004)	Clearinghouse
19	June 29, 2004	NOTICE OF APPEAL (faxed copy) of [18-1] order by Gary Johnson, Doug Dretke, Neill Hodges, Unknown Executioners, filed. Fee Status: Not Pd (bdaniel) (Entered: 06/29/2004)	PACER
20	June 29, 2004	Minute entry: Temporary Restraining Hearing held. Apps: T Farrell f/Solice Southwick, David Dow; G Bunn f/deft. Ct Reporter: C Barron Tape Number: none . Court to issue order by noon (sfedele) (Entered: 06/30/2004)	PACER
22	June 29, 2004	RESPONSE by Gary Johnson, Doug Dretke, Neill Hodges in opposition to pltf's request for TRO, filed (amaly) (Entered: 07/01/2004)	PACER
	June 29, 2004	Completed Case Manager Checklist for processing stays of execution. (EM) (amaly) (Entered: 07/01/2004)	PACER
	June 29, 2004	Notice of appeal and Copy of docket transmitted (faxed and mailed) to USCA: [19-1] appeal (bdaniel) (Entered: 06/29/2004)	PACER
21	June 30, 2004	NOTICE OF APPEAL of [18-1] order by Gary Johnson, Doug Dretke, Neill Hodges , filed. Fee Status: Paid Receipt #: 545853 (mharrison) (Entered: 07/01/2004)	PACER
	July 1, 2004	Notice of appeal and Copy of docket transmitted to USCA: [21- 1] appeal (mharrison) (Entered: 07/01/2004)	PACER
	July 1, 2004	Case closed (amaly) (Entered: 07/01/2004)	PACER