Case: Galloway v. Delgado

1:07-cv-00276 | U.S. District Court for the Western District of Texas

Filed Date: April 10, 2007

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On April 10, 2007, attorneys with the Texas Civil Rights Project filed this class action lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court Western District of Texas. The plaintiffs challenged the treatment of juveniles in the custody of the Texas Youth Commission (TYC). The plaintiffs alleged that the TYC routinely and daily violated the constitutional rights of children incarcerated in TYC facilities and "relegated their youthful lives to a living hell." The plaintiffs asserted c…

On April 10, 2007, attorneys with the Texas Civil Rights Project filed this class action lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court Western District of Texas. The plaintiffs challenged the treatment of juveniles in the custody of the Texas Youth Commission (TYC). The plaintiffs alleged that the TYC routinely and daily violated the constitutional rights of children incarcerated in TYC facilities and "relegated their youthful lives to a living hell." The plaintiffs asserted claims for: denial of due process; lack of access to courts; forced self incrimination; failure to protect; excessive force; sexual assault; failure to provide medical treatment; retaliation for exercising right to free speech; violations of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12111 et seq. and Section 504 (Rehabilitation Act), 29 U.S.C. § 701. The plaintiffs sought declaratory and injunctive relief, as well as class certification. The complaint was amended on May 5, 2007, to name additional plaintiffs.

On November 19, 2007, A.B., one of the individually named plaintiffs, moved for a preliminary injunction to prevent the TYC from requiring him to confess to his alleged crime as a condition of completion of its sex offender treatment program and release from custody. A.B., who maintained his innocence of an attempted rape charge, asserted that the program violated his Fifth Amendment right against self-incrimination, as the appeal in his criminal case was still pending.

On April 11, 2008, the parties reached a settlement agreement through mediation. According to the Texas Civil Rights Project, TYC agreed to pay $625,000 and to make extensive changes to facilities and policies outlined in a nine page document.

Summary Authors

Dan Dalton (11/27/2007)

Erin Pamukcu (2/20/2016)

People


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Alexander, Richard W. (Texas)

Brown, Jay W. (Texas)

Cabaniss, Boyce C. (Texas)

Cole, Jodi Callaway (Texas)

Expert/Monitor/Master/Other

Coates, Will (Texas)

Documents in the Clearinghouse

Documents in this case

1:07-cv-00276

Docket (PACER)

Dec. 30, 2010

Dec. 30, 2010

Docket
4

1:07-cv-00276

Complaint

April 13, 2007

April 13, 2007

Complaint
67

1:07-cv-00276

Plaintiff Brockway's Motion for Preliminary Injunction

Nov. 19, 2007

Nov. 19, 2007

Pleading / Motion / Brief
129

1:07-cv-00276

Order

Galloway v. Pope

Feb. 5, 2008

Feb. 5, 2008

Order/Opinion
132

1:07-cv-00276

Plaintiff's Third Amended Complaint

Galloway v. Texas Youth Commission

Feb. 20, 2008

Feb. 20, 2008

Complaint
135

1:07-cv-00276

Notice of Settlement, and Joint Motion of All Plaintiffs and Defendant Texas Youth Commission to Remove Pending Deadline, Extend the Stay, and Schedule Status Conference

Galloway v. Texas Youth Commission

April 11, 2008

April 11, 2008

Pleading / Motion / Brief
154

1:07-cv-00276

Final Judgment

Galloway v. Texas Youth Commission

Nov. 4, 2008

Nov. 4, 2008

Order/Opinion
160

1:07-cv-00276

Order Allowing Withdrawal of Funds from the Registry of the Court

Galloway v. Texas Youth Commission

Jan. 26, 2009

Jan. 26, 2009

Order/Opinion

Docket

Last updated March 24, 2025, 8:20 a.m.

ECF Number Date Description Link
1 April 10, 2007

MOTION to Proceed in forma pauperis by Joseph Galloway. Complaint received (copies of complaint for service on shelf.) (tdk, ) (Entered: 04/10/2007)

PACER
April 10, 2007

MOTION REFERRED: referred 1 MOTION to Proceed in forma pauperis to Judge Pitman. (tdk, ) (Entered: 04/11/2007)

PACER
2 April 13, 2007

ORDER granting 1 Motion for Leave to Proceed in forma pauperis and directing service. Signed by Judge Robert Pitman. (mh, ) (Entered: 04/13/2007)

PACER
4 April 13, 2007

COMPLAINT filed by Joseph Galloway.(dm, ) (Entered: 04/17/2007)

PACER
April 13, 2007

Motions No Longer Referred: 1 MOTION to Proceed in forma pauperis (mh, ) (Entered: 04/13/2007)

PACER
3 April 16, 2007

NOTICE of Attorney Appearance by Scott Medlock on behalf of Joseph Galloway (Medlock, Scott) (Entered: 04/16/2007)

PACER
5 April 17, 2007

Summons Issued as to FNU Shacklefield, FNU Rangel, FNU Trevino, Manuel Torres, FNU Briggs, FNU Watson, Robert McQueen, Veronica Gagne, Don Brantley, Linda Reyes, Dwayne Harris, Dwight Harris, Bart Caldwell, J. McDaniels, FNUq Kitchens, Teri Wilson, Geraldo Penuelsa, Don Freeman, Blu Nicholson, Jerome Parsee, Lydia Bernard, Chester Clay, Kerri Davidson, Ed Owens, Stacey Delgado, FNU Henry, FNU Williams. (dm, ) (Entered: 04/18/2007)

PACER
6 May 4, 2007

MOTION to Sever by Joseph Galloway. (Attachments: # 1 # 2 # 3)(Medlock, Scott) (Entered: 05/04/2007)

PACER
7 May 4, 2007

AMENDED COMPLAINT against Don Bethel, Gogi Dickson, Steve Fryar, Patsy Reed Guest, Bill Mahomes, Jr, Juan S. Munoz, FNU Shacklefield, FNU Rangel, FNU Trevino, Manuel Torres, FNU Briggs, FNU Watson, Robert McQueen, Veronica Gagne, Don Brantley, Linda Reyes, Dwayne Harris, Dwight Harris, Bart Caldwell, J. McDaniels, FNUq Kitchens, Teri Wilson, Geraldo Penuelsa, Don Freeman, Blu Nicholson, Jerome Parsee, Lydia Bernard, Chester Clay, Kerri Davidson, Ed Owens, Unknown TYC Staff, Texas Youth Commission, Stacey Delgado, FNU Henry, FNU Williams amending 4 Complaint., filed by Dana Brockway, John Halt, Joseph Galloway.(dm, ) (Entered: 05/07/2007)

PACER
8 May 30, 2007

NOTICE of Rule 11 Agreement by Joseph Galloway, Dana Brockway, John Halt (Attachments: # 1)(Medlock, Scott) (Entered: 05/30/2007)

PACER
9 June 4, 2007

NOTICE of Filing Request for U.S. Marshals Service Expenses in Pauper Case (dm, ) (Entered: 06/05/2007)

PACER
10 June 4, 2007

Summons Returned Unexecuted by Joseph Galloway as to Dwight Harris. (dm, ) Modified on 6/5/2007 to correct filers (dm, ). (Entered: 06/05/2007)

PACER
11 June 4, 2007

SUMMONS Returned Executed by Joseph Galloway. Don Brantley served on 4/19/2007, answer due 5/9/2007. (dm, ) (Entered: 06/05/2007)

PACER
12 June 4, 2007

SUMMONS Returned Executed by Joseph Galloway. Jerome Parsee served on 4/27/2007, answer due 5/17/2007. (dm, ) (Entered: 06/05/2007)

PACER
13 June 4, 2007

SUMMONS Returned Executed by Joseph Galloway. FNU Trevino served on 4/24/2007, answer due 5/14/2007. (dm, ) (Entered: 06/05/2007)

PACER
14 June 4, 2007

SUMMONS Returned Executed by Joseph Galloway. Bart Caldwell served on 4/23/2007, answer due 5/14/2007. (dm, ) (Entered: 06/05/2007)

PACER
15 June 4, 2007

SUMMONS Returned Executed by Joseph Galloway. Teri Wilson served on 4/20/2007, answer due 5/10/2007. (dm, ) (Entered: 06/05/2007)

PACER
16 June 4, 2007

SUMMONS Returned Executed by Joseph Galloway. Manuel Torres served on 4/23/2007, answer due 5/14/2007. (dm, ) (Entered: 06/05/2007)

PACER
17 June 4, 2007

SUMMONS Returned Executed by Joseph Galloway. Geraldo Penuelsa served on 4/23/2007, answer due 5/14/2007. (dm, ) (Entered: 06/05/2007)

PACER
18 June 4, 2007

SUMMONS Returned Executed by Joseph Galloway. FNU Rangel served on 4/23/2007, answer due 5/14/2007. (dm, ) (Entered: 06/05/2007)

PACER
19 June 4, 2007

SUMMONS Returned Executed by Joseph Galloway. FNU Henry served on 4/19/2007, answer due 5/9/2007. (dm, ) (Entered: 06/05/2007)

PACER
20 June 4, 2007

SUMMONS Returned Executed by Joseph Galloway. Stacey Delgado served on 4/19/2007, answer due 5/9/2007. (dm, ) (Entered: 06/05/2007)

PACER
21 June 4, 2007

SUMMONS Returned Executed by Joseph Galloway. Lydia Bernard served on 4/19/2007, answer due 5/9/2007. (dm, ) (Entered: 06/05/2007)

PACER
22 June 4, 2007

SUMMONS Returned Executed by Joseph Galloway. Chester Clay served on 4/19/2007, answer due 5/9/2007. (dm, ) (Entered: 06/05/2007)

PACER
23 June 4, 2007

SUMMONS Returned Executed by Joseph Galloway. Ed Owens served on 4/19/2007, answer due 5/9/2007. (dm, ) (Entered: 06/05/2007)

PACER
24 June 4, 2007

SUMMONS Returned Executed by Joseph Galloway. FNU Briggs served on 4/20/2007, answer due 5/10/2007. (dm, ) (Entered: 06/05/2007)

PACER
25 June 4, 2007

SUMMONS Returned Executed by Joseph Galloway. Kerri Davidson served on 4/19/2007, answer due 5/9/2007. (dm, ) (Entered: 06/05/2007)

PACER
26 June 4, 2007

SUMMONS Returned Executed by Joseph Galloway. FNU Williams served on 4/19/2007, answer due 5/9/2007. (dm, ) (Entered: 06/05/2007)

PACER
27 June 4, 2007

SUMMONS Returned Executed by Joseph Galloway. FNU Shacklefield served on 4/19/2007, answer due 5/9/2007. (dm, ) (Entered: 06/05/2007)

PACER
28 June 4, 2007

SUMMONS Returned Executed by Joseph Galloway. Dwayne Harris served on 4/19/2007, answer due 5/9/2007. (dm, ) (Entered: 06/05/2007)

PACER
29 June 4, 2007

SUMMONS Returned Executed by Joseph Galloway. Linda Reyes served on 4/19/2007, answer due 5/9/2007. (dm, ) (Entered: 06/05/2007)

PACER
30 June 4, 2007

SUMMONS Returned Executed by Joseph Galloway. Blu Nicholson served on 4/20/2007, answer due 5/10/2007. (dm, ) (Entered: 06/05/2007)

PACER
31 June 4, 2007

SUMMONS Returned Executed by Joseph Galloway. FNU Watson served on 4/20/2007, answer due 5/10/2007. (dm, ) (Entered: 06/05/2007)

PACER
32 June 4, 2007

SUMMONS Returned Executed by Joseph Galloway. Don Freeman served on 4/20/2007, answer due 5/10/2007. (dm, ) (Entered: 06/05/2007)

PACER
33 June 4, 2007

SUMMONS Returned Executed by Joseph Galloway. J. McDaniels served on 4/20/2007, answer due 5/10/2007. (dm, ) (Entered: 06/05/2007)

PACER
34 June 4, 2007

SUMMONS Returned Executed by Joseph Galloway. Veronica Gagne served on 4/20/2007, answer due 5/10/2007. (dm, ) (Entered: 06/05/2007)

PACER
36 June 4, 2007

SUMMONS Returned Executed by Joseph Galloway. Robert McQueen served on 4/20/2007, answer due 5/10/2007. (dm, ) (Entered: 06/05/2007)

PACER
37 June 5, 2007

ORDER denying 6 Motion to Sever Signed by Judge Lee Yeakel. (dm, ) (Entered: 06/05/2007)

PACER
38 June 19, 2007

NOTICE of Vacation by Joseph Galloway (Medlock, Scott) (Entered: 06/19/2007)

PACER
39 July 18, 2007

NOTICE of Attorney Appearance by Jeffrey S. Edwards on behalf of Joseph Galloway Plaintiff's Notice of Appearance of Counsel (Edwards, Jeffrey) (Entered: 07/18/2007)

PACER
40 July 18, 2007

NOTICE of Rule 11 Agreement by Joseph Galloway, Dana Brockway, John Halt (Attachments: # 1)(Medlock, Scott) (Entered: 07/18/2007)

PACER
41 Sept. 8, 2007

MOTION to Dismiss by FNU Shacklefield, FNU Trevino, Manuel Torres, FNU Briggs, FNU Watson, Robert McQueen, FNU Henry. (Attachments: # 1 Proposed Order)(Fons, Lynette) (Entered: 09/08/2007)

PACER
42 Sept. 10, 2007

Unopposed MOTION for Leave to Exceed Page Limitation by Don Brantley, Linda Reyes, Dwight Harris, Kerri Davidson, Ed Owens, Texas Youth Commission, Don Bethel, Gogi Dickson, Steve Fryar, Patsy Reed Guest, Bill Mahomes, Jr, Juan S. Munoz. (Attachments: # 1 Proposed Order Order on Motion for Leave to Exceed the Court's Page Limit)(Kilday, G.) (Entered: 09/10/2007)

PACER
43 Sept. 10, 2007

MOTION to Dismiss all Claims Against Defendants by Don Brantley, Linda Reyes, Dwight Harris, Kerri Davidson, Ed Owens, Texas Youth Commission, Don Bethel, Gogi Dickson, Steve Fryar, Patsy Reed Guest, Bill Mahomes, Jr, Juan S. Munoz. (Attachments: # 1 Proposed Order Order on Motion to Dismiss)(Kilday, G.) (Entered: 09/10/2007)

PACER
44 Sept. 10, 2007

MOTION for Leave to Exceed Page Limitation for Motion to Dismiss by Lydia Bernard, Chester Clay. (Merica, Jo) (Entered: 09/10/2007)

PACER
45 Sept. 10, 2007

MOTION to Dismiss All Claims by Lydia Bernard, Chester Clay. (Merica, Jo) (Entered: 09/10/2007)

PACER
46 Sept. 10, 2007

MOTION to Dismiss by Dwayne Harris, Bart Caldwell, Teri Wilson, Geraldo Penuelsa, Don Freeman, Blu Nicholson, Jerome Parsee. (Attachments: # 1)(Alexander, Richard) (Entered: 09/10/2007)

PACER
56 Sept. 10, 2007

ANSWER to Amended Complaint by FNU Shacklefield, FNU Trevino, Manuel Torres, FNU Briggs, FNU Watson, Robert McQueen, FNU Henry.(td, ) (Entered: 09/11/2007)

PACER
47 Sept. 11, 2007

DEFICIENCY NOTICE to G. Douglas Kilday: re 42 Unopposed MOTION for Leave to Exceed Page Limitation (td, ) (Entered: 09/11/2007)

PACER
48 Sept. 11, 2007

DEFICIENCY NOTICE to Jo Ann Merica: re 44 MOTION for Leave to Exceed Page Limitation for Motion to Dismiss (td, ) (Entered: 09/11/2007)

PACER
49 Sept. 11, 2007

DEFICIENCY NOTICE to Jo Ann America: re 45 MOTION to Dismiss All Claims (td, ) (Entered: 09/11/2007)

PACER
50 Sept. 11, 2007

DEFICIENCY NOTICE to Richard W. Alexander: re 46 MOTION to Dismiss (td, ) (Entered: 09/11/2007)

PACER
51 Sept. 11, 2007

CERTIFICATE OF SERVICE by Don Brantley, Linda Reyes, Dwight Harris, Kerri Davidson, Ed Owens, Texas Youth Commission, Don Bethel, Gogi Dickson, Steve Fryar, Patsy Reed Guest, Bill Mahomes, Jr, Juan S. Munoz Amended and Corrected Certificate of Service 42 Unopposed MOTION for Leave to Exceed Page Limitation, 43 MOTION to Dismiss all Claims Against Defendants (Kilday, G.) (Entered: 09/11/2007)

PACER
52 Sept. 11, 2007

ATTACHMENT Corrected Certificate of Service to 46 MOTION to Dismiss by Dwayne Harris, Bart Caldwell, Teri Wilson, Geraldo Penuelsa, Don Freeman, Blu Nicholson, Jerome Parsee. (Alexander, Richard) (Entered: 09/11/2007)

PACER
54 Sept. 11, 2007

ATTACHMENT Amended and Corrected Certificate of Service to 44 MOTION for Leave to Exceed Page Limitation for Motion to Dismiss by Lydia Bernard, Chester Clay. (Merica, Jo) (Entered: 09/11/2007)

PACER
55 Sept. 11, 2007

ATTACHMENT Amended and Corrected Certificate of Service to 45 MOTION to Dismiss All Claims by Lydia Bernard, Chester Clay. (Merica, Jo) (Entered: 09/11/2007)

PACER
57 Sept. 14, 2007

Unopposed MOTION for Extension of Time to File Response/Reply Plaintiff by Joseph Galloway. (Attachments: # 1 Proposed Order Mtn to Extend Deadlines to Respond)(Edwards, Jeffrey) (Entered: 09/14/2007)

PACER
58 Sept. 14, 2007

Letter/Correspondence advising attorney Boyce Cabaniss of admission status. (dm, ) (Entered: 09/14/2007)

PACER
59 Sept. 18, 2007

Unopposed MOTION to Withdraw as Attorney by Don Brantley, Linda Reyes, Dwight Harris, Kerri Davidson, Ed Owens, Texas Youth Commission, Don Bethel, Gogi Dickson, Steve Fryar, Patsy Reed Guest, Bill Mahomes, Jr, Juan S. Munoz. (Kilday, G.) (Entered: 09/18/2007)

PACER
60 Sept. 19, 2007

ORDER granting 57 Motion for Extension of Time to File Response Signed by Judge Lee Yeakel. (dm, ) (Entered: 09/19/2007)

PACER
61 Sept. 25, 2007

ORDER granting 59 Motion to Withdraw as Attorney. Signed by Judge Lee Yeakel. (dm, ) (Entered: 09/25/2007)

PACER
62 Sept. 25, 2007

ORDER granting 44 Motion for Leave to File Excess Pages Signed by Judge Lee Yeakel. (dm, ) (Entered: 09/25/2007)

PACER
63 Sept. 25, 2007

ORDER granting 53 Motion for Leave to File Excess Pages Signed by Judge Lee Yeakel. (dm, ) (Entered: 09/25/2007)

PACER
64 Sept. 25, 2007

ORDER granting 42 Motion for Leave to File Excess Pages Signed by Judge Lee Yeakel. (dm, ) (Entered: 09/25/2007)

PACER
65 Oct. 24, 2007

Agreed MOTION for Extension of Time to File Motion for Class Certification by Dana Brockway, John Halt. (Attachments: # 1 Proposed Order)(Courtney, Geoffrey) (Entered: 10/24/2007)

PACER
66 Nov. 7, 2007

ORDER granting in part and denying in part 65 Motion for Extension of Time to File Signed by Judge Lee Yeakel. (dm, ) (Entered: 11/07/2007)

PACER
67 Nov. 19, 2007

MOTION for Preliminary Injunction by Dana Brockway. (Attachments: # 1 Proposed Order)(Courtney, Geoffrey) (Entered: 11/19/2007)

PACER
68 Nov. 19, 2007

Unopposed MOTION to Seal re 67 MOTION for Preliminary Injunction by Dana Brockway. (Attachments: # 1 Proposed Order)(Courtney, Geoffrey) (Entered: 11/19/2007)

PACER
69 Nov. 19, 2007

Unopposed MOTION for Extension of Time to File Response/Reply UNOPPOSED MOTION TO EXTEND THEIR DEADLINES by Joseph Galloway. (Attachments: # 1)(Edwards, Jeffrey) (Entered: 11/19/2007)

PACER
70 Nov. 20, 2007

REDACTED EXHIBITS to # 67 Motion for Preliminary Injunction by Dana Brockway. (Attachments: # 1 Exhibit)(dm, ) (Entered: 11/21/2007)

PACER
71 Nov. 21, 2007

MOTION to Dismiss by J. McDaniels, FNU Kitchens. (dm, ) (Entered: 11/21/2007)

PACER
72 Nov. 28, 2007

Unopposed MOTION for Extension of Time to File Response/Reply Plaintiff's Unopposed Motion to Extend Their Deadline to Respond to Defendants' Kitchen and McDaniel's Special Appearance by Joseph Galloway. (Attachments: # 1)(Edwards, Jeffrey) (Entered: 11/28/2007)

PACER
74 Dec. 4, 2007

ORDER granting 73 Motion for Extension of Time to File Response/Reply Signed by Judge Lee Yeakel. (jg3, ) (Entered: 12/04/2007)

PACER
75 Dec. 5, 2007

ORDER granting 72 Motion for Extension of Time to File Response/Reply Signed by Judge Lee Yeakel. (jg3, ) (Entered: 12/05/2007)

PACER
76 Dec. 6, 2007

Unopposed MOTION for Leave to File Plaintiffs' Unopposed Motion for Leave to File Thier Second Amended Complaint and For Dismiss without Prejudice by Joseph Galloway. (Attachments: # 1 # 2)(Edwards, Jeffrey) (Entered: 12/06/2007)

PACER
77 Dec. 6, 2007

Unopposed MOTION for Leave to File Plaintiffs' Corrected Unopposed Motion for Leave to File Thier Second Amended Complaint and For Dismissal without Prejudice of Class Representative, John Halt, As Next Friend of D.H. by Joseph Galloway. (Attachments: # 1 # 2)(Edwards, Jeffrey) (Entered: 12/06/2007)

PACER
78 Dec. 6, 2007

ORDER granting 69 Motion for Extension of Time to File Response/Reply Signed by Judge Lee Yeakel. (td, ) (Entered: 12/06/2007)

PACER
79 Dec. 7, 2007

Agreed MOTION to Dismiss Plaintiffs and Defendants Joint Agreed Motion for Defendants to Withdraw Their Motions to Dismiss All Claims for Mootness and to Clarify Deadline to Answer for File Motions Pursuant to Rule 12 (b) by Joseph Galloway. (Attachments: # 1)(Edwards, Jeffrey) (Entered: 12/07/2007)

PACER
80 Dec. 10, 2007

Unopposed MOTION to Substitute Attorney by FNU Trevino, Manuel Torres, FNU Henry. (Attachments: # 1 Proposed Order Granting Motion to Substitute)(Lee, Kevin) (Entered: 12/10/2007)

PACER
81 Dec. 10, 2007

Agreed MOTION to Withdraw Plaintiffs and Defendants Lydia Bernard and Chester Clay's Joint Agreed Motion for Defendants to Withdraw Their Motions to Dismiss All Claims for Mootness and to Clarify Deadline to Answer or File Motions Pursuant to Rule 12 (b) by Joseph Galloway. (Attachments: # 1)(Edwards, Jeffrey) (Entered: 12/10/2007)

PACER
82 Dec. 10, 2007

Unopposed MOTION for Leave to Exceed Page Limitation Plaintiffs' Unopposed Motion for Leave to Exceed Page Limit in Their Response to Defendants Shackelford, Trevino, Torres, Briggs, Watson, Hengry and McQueen's Motion to Dismiss Pursuant to 12(b)(6) by Joseph Galloway. (Attachments: # 1)(Edwards, Jeffrey) (Entered: 12/10/2007)

PACER
83 Dec. 10, 2007

RESPONSE to Motion, filed by Joseph Galloway, re 41 MOTION to Dismiss filed by Defendant Manuel Torres, Defendant Robert McQueen, Defendant FNU Henry, Defendant FNU Watson, Defendant FNU Briggs, Defendant FNU Trevino, Defendant FNU Shacklefield Plaintiff Joseph Galloway's Response to Defendants' Shackelford, Trevino, Torres, Briggs, Watson, Henry and McQeen's Motion to Dismiss Pursuant to Rule 12(b)(6) (Attachments: # 1 # 2)(Edwards, Jeffrey) (Entered: 12/10/2007)

PACER
84 Dec. 12, 2007

ORDER granting 82 Motion for Leave to File Excess Pages. Signed by Judge Lee Yeakel. (dm, ) (Entered: 12/12/2007)

PACER
85 Dec. 12, 2007

ORDER Setting Hearing on 77 Unopposed MOTION for Leave to File Plaintiffs' Corrected Unopposed Motion for Leave to File Thier Second Amended Complaint and For Dismissal without Prejudice of Class Representative, John Halt, As Next Friend of D.H., 79 Agreed MOTION to Dismiss Plaintiffs and Defendants Joint Agreed Motion for Defendants to Withdraw Their Motions to Dismiss All Claims for Mootness and to Clarify Deadline to Answer for File Motions Pursuant to Rule 12 (b) Agreed MOTION to Dismiss Plaintiffs and Defendants Joint Agreed Motion for Defendants to Withdraw Their Motions to Dismiss All Claims for Mootness and to Clarify Deadline to Answer for File Motions Pursuant to Rule 12 (b) , 76 Unopposed MOTION for Leave to File Plaintiffs' Unopposed Motion for Leave to File Thier Second Amended Complaint and For Dismiss without Prejudice, 80 Unopposed MOTION to Substitute Attorney, 81 Agreed MOTION to Withdraw Plaintiffs and Defendants Lydia Bernard and Chester Clay's Joint Agreed Motion for Defendants to Withdraw Their Motions to Dismiss All Claims for Mootness and to Clarify Deadline to Answer or File Motions Pursuant to Ru : Motion Hearing set for 12/20/2007 10:30 AM before Honorable Lee Yeakel. Signed by Judge Lee Yeakel. (dm, ) (Entered: 12/12/2007)

PACER
86 Dec. 12, 2007

MOTION to Substitute Attorney Joshua Saegert and Jodi Cole by FNU Briggs. (Cole, Jodi) (Entered: 12/12/2007)

PACER
87 Dec. 12, 2007

MOTION to Substitute Attorney Joshua Saegert and Jodi Cole by FNU Shacklefield. (Cole, Jodi) (Entered: 12/12/2007)

PACER
88 Dec. 12, 2007

MOTION to Substitute Attorney Joshua Saegert and Jodi Cole by Robert McQueen. (Cole, Jodi) (Entered: 12/12/2007)

PACER
89 Dec. 12, 2007

MOTION to Substitute Josh Saegert and Jodi Cole by FNU Watson. (Cole, Jodi) (Entered: 12/12/2007)

PACER
90 Dec. 17, 2007

NOTICE TO THE COURT BY UTMB DEFENDANTS by J. McDaniels, FNUq Kitchens (Hagen, Lars) (Entered: 12/17/2007)

PACER
91 Dec. 17, 2007

RESPONSE to Motion, filed by Joseph Galloway, re 71 MOTION to Dismiss filed by Defendant FNUq Kitchens, Defendant J. McDaniels (Attachments: # 1 Exhibit Exhibits to Response to Defendants Kitchens' and McDaniels' Special Appearance and Motion to Dismiss for Lack of Service# 2 Proposed Order Order)(Edwards, Jeffrey) (Entered: 12/17/2007)

PACER
92 Dec. 17, 2007

RESPONSE to Motion, filed by Joseph Galloway, re 71 MOTION to Dismiss filed by Defendant FNUq Kitchens, Defendant J. McDaniels (Attachments: # 1 Exhibit Exhibits to Response to Defendants Kitchens' and McDaniels' Special Appearance and Motion to Dismiss for Lack of Service)(Edwards, Jeffrey) (Entered: 12/17/2007)

PACER
93 Dec. 20, 2007

Minute Entry for proceedings held before Judge Lee Yeakel : Motion Hearing held on 12/20/2007 re 76 Unopposed MOTION for Leave to File Plaintiffs' Unopposed Motion for Leave to File Thier Second Amended Complaint and For Dismiss without Prejudice filed by Joseph Galloway, 80 Unopposed MOTION to Substitute Attorney filed by Manuel Torres, FNU Henry, FNU Trevino, 81 Agreed MOTION to Withdraw Plaintiffs and Defendants Lydia Bernard and Chester Clay's Joint Agreed Motion for Defendants to Withdraw Their Motions to Dismiss All Claims for Mootness and to Clarify Deadline to Answer or File Motions Pursuant to Ru filed by Joseph Galloway, 79 Agreed MOTION to Dismiss Plaintiffs and Defendants Joint Agreed Motion for Defendants to Withdraw Their Motions to Dismiss All Claims for Mootness and to Clarify Deadline to Answer for File Motions Pursuant to Rule 12 (b)Agreed MOTION to Dismiss Plaintiffs and Defendants Joint Agreed Motion for Defendants to Withdraw Their Motions to Dismiss All Claims for Mootness and to Clarify Deadline to Answer for File Motions Pursuant to Rule 12 (b) filed by Joseph Galloway, 77 Unopposed MOTION for Leave to File Plaintiffs' Corrected Unopposed Motion for Leave to File Thier Second Amended Complaint and For Dismissal without Prejudice of Class Representative, John Halt, As Next Friend of D.H. filed by Joseph Galloway (Minute entry documents are not available electronically.). (Court Reporter Kathy Carroll.)(dm, ) (Entered: 12/20/2007)

PACER
94 Dec. 21, 2007

ORDER withdrawing 41 Motion to Dismiss ; withdrawing 43 Motion to Dismiss ; withdrawing 45 Motion to Dismiss ; withdrawing 46 Motion to Dismiss ; withdrawing 71 Motion to Dismiss ; granting 76 Motion for Leave to File; granting 77 Motion for Leave to File; granting 79 Motion to Dismiss ; granting 80 Motion to Substitute Attorney. ; granting 81 Motion to Withdraw ; granting 86 Motion to Substitute Attorney. ; granting 87 Motion to Substitute Attorney. ; granting 88 Motion to Substitute Attorney. ; granting 89 Motion to Substitute. Signed by Judge Lee Yeakel. (dm, ) (Entered: 12/21/2007)

PACER
95 Dec. 21, 2007

Response in Opposition to Motion, filed by Texas Youth Commission, re 67 MOTION for Preliminary Injunction filed by Plaintiff Dana Brockway (Attachments: # 1 Exhibit Exhibits 1−4# 2 Proposed Order Order)(Kilday, G.) (Entered: 12/21/2007)

PACER
97 Dec. 31, 2007

Unopposed MOTION for Extension of Time to File Reply Concerning Preliminary Injunction by Dana Brockway. (Attachments: # 1 Proposed Order)(Courtney, Geoffrey) (Entered: 12/31/2007)

PACER
98 Jan. 2, 2008

ORDER granting 97 Motion for Extension of Time to File. Signed by Judge Lee Yeakel. (dm, ) (Entered: 01/03/2008)

PACER
99 Jan. 8, 2008

MOTION for Leave to Exceed Page Limitation by Dana Brockway. (dm, ) (Entered: 01/09/2008)

PACER
100 Jan. 8, 2008

MOTION to Seal Exhibits in Support of Reply to Response to Motion for Preliminary Injunction by Dana Brockway. (dm, ) (Entered: 01/09/2008)

PACER
101 Jan. 8, 2008

(REDACTED) REPLY to Response to Motion, filed by Dana Brockway, re 67 MOTION for Preliminary Injunction filed by Plaintiff Dana Brockway. (Attachments: # 1 Exhibit)(dm, ) (Entered: 01/09/2008)

PACER
102 Jan. 15, 2008

ORDER granting 68 Motion to Seal Documents. Signed by Judge Lee Yeakel. (dm, ) (Entered: 01/15/2008)

PACER

Case Details

State / Territory:

Texas

Case Type(s):

Juvenile Institution

Healthcare Access and Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Strip Search Cases

Key Dates

Filing Date: April 10, 2007

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All individuals currently, or who were recently, in the custody of the Texas Youth Commission (TYC).

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

State

Texas Youth Commission

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Freedom of speech/association

Self-incrimination

Other Dockets:

Western District of Texas 1:07-cv-00276

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General/Misc.:

Access to lawyers or judicial system

Aggressive behavior

Classification / placement

Confidentiality

Disciplinary procedures

Mail

Rehabilitation

Sex offender regulation

Totality of conditions

Discrimination Basis:

Disability (inc. reasonable accommodations)

Affected Sex/Gender(s):

Female

Male

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by staff (facilities)

Grievance procedures

Over/Unlawful Detention (facilities)

Sexual abuse by residents/inmates

Sex w/ staff; sexual harassment by staff

Strip search policy (facilities)

Suicide prevention (facilities)

Visiting

Medical/Mental Health Care:

Medical care, general

Recommended Citation