Case: Trojcak v. United States of America

1:08-cv-00593 | U.S. District Court for the Eastern District of Texas

Filed Date: Oct. 8, 2008

Closed Date: 2014

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Case Summary

On October 8, 2008, 47 prisoners filed a complaint under the Federal Tort Claims Act, 28 U.S.C. § 1346, against the federal government, in the U.S. District Court for the Eastern District of Texas. Plaintiffs alleged that as a result of Hurricane Rita they were subject to inhumane and unsanitary conditions of confinement. Plaintiffs also alleged that the conditions under which they were employed at a UNICOR factory manufacturing Kevlar helmets for a Department of Defense contract were similarly inhumane. Plaintiffs alleged that as a result of a delay in production caused by Hurricane Rita they were forced to work grueling days in unsanitary conditions, while also being subject to confinement at the Beaumont Federal Correctional Institution which was heavily damaged by Hurricane Rita and not fit to house prisoners.

In February 2009, the U.S. moved to dismiss the case, and in the alternative for summary judgment. Briefing was voluminous, but appears to have ended in October 2009. As of March 2012, the judge had not decided the motion -- and issued a notice stating his intention to decide it soon. This did not happen, however. While the motion was pending, in October 2012, the plaintiffs' lawyer died. No other lawyer appeared to take his place. A year later, in December 2013, Magistrate Judge Giblin recommended that the case be dismissed for failure to prosecute. District Court Judge Marcia Crone adopted that recommendation, and dismissed the case without prejudice should one or more of the plaintiffs decide to refile. It does not appear that any plaintiff objected.

Summary Authors

Anna Dimon (2/12/2015)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4385001/parties/trojcak-v-united-states/

Judge(s)

Crone, Marcia A. (Texas)

Giblin, Keith F. (Texas)

Attorney for Plaintiff

Sirak, Norman L. (Ohio)

Attorney for Defendant

Parker, Andrea H. (Texas)

Judge(s)

Crone, Marcia A. (Texas)

Giblin, Keith F. (Texas)

Attorney for Plaintiff

Sirak, Norman L. (Ohio)

Attorney for Defendant

Parker, Andrea H. (Texas)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:08-cv-00593	Docket [PACER]	June 26, 2014	June 26, 2014 Docket
1 1:08-cv-00593	Complaint	Oct. 8, 2008	Oct. 8, 2008 Complaint
10 1:08-cv-00593	Defendant's Motion to Dismiss	Feb. 17, 2009	Feb. 17, 2009 Pleading / Motion / Brief
30 1:08-cv-00593	Order	Aug. 24, 2009	Aug. 24, 2009 Order/Opinion
40 1:08-cv-00593	Trojack v. United States of America - Order Trojack v. United States of America	March 12, 2012	March 12, 2012 Order/Opinion
41 1:08-cv-00593	Report and Recommendation of United States Magistrate Judge	Dec. 20, 2013	Dec. 20, 2013 Magistrate Report/Recommendation

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4385001/trojcak-v-united-states/

Last updated April 6, 2025, 4:11 p.m.

ECF Number	Date	Description	Link
1	Oct. 8, 2008	Complaint 2 Civil Cover Sheet View on PACER 3 Exhibit Uniform Basic Safety Regulations View on PACER 4 Exhibit Unicor Contracts View on RECAP	Clearinghouse
1	Oct. 8, 2008	Complaint 2 Civil Cover Sheet View on PACER 3 Exhibit Uniform Basic Safety Regulations View on PACER 4 Exhibit Unicor Contracts View on RECAP	Clearinghouse
	Oct. 8, 2008	Case Assigned to Judge Marcia A. Crone. (aam, ) (Entered: 10/09/2008)	PACER
2	Oct. 9, 2008	Magistrate Consent Form Mailed	RECAP
2	Oct. 9, 2008	Magistrate Consent Form Mailed	RECAP
3	Oct. 10, 2008	Summons Issued as to USA	RECAP
3	Oct. 10, 2008	Summons Issued as to USA	RECAP
4	Oct. 14, 2008	Order Referring Case to Magistrate Judge	RECAP
4	Oct. 14, 2008	Order Referring Case to Magistrate Judge	RECAP
5	Nov. 12, 2008	Summons Returned Executed as to USA	RECAP
5	Nov. 12, 2008	Summons Returned Executed as to USA	RECAP
6	Nov. 12, 2008	Summons Returned Executed	RECAP
6	Nov. 12, 2008	Summons Returned Executed	RECAP
7	Nov. 12, 2008	Summons Returned Executed	RECAP
7	Nov. 12, 2008	Summons Returned Executed	RECAP
8	Dec. 11, 2008	Motion for Extension of Time to File 2 Proposed Order View on PACER	RECAP
8	Dec. 11, 2008	Motion for Extension of Time to File 2 Proposed Order View on PACER	RECAP
9	Jan. 7, 2009	Order on Motion for Extension of Time to File	RECAP
9	Jan. 7, 2009	Order on Motion for Extension of Time to File	RECAP
10	Feb. 17, 2009	Motion to Dismiss 2 Exhibits 1 & 2 View on PACER 3 Exhibit 3 (Part 1) View on PACER 4 Exhibit 3 (Part 2) View on PACER 5 Exhibit 4 View on PACER 6 Proposed Order View on PACER	Clearinghouse
10	Feb. 17, 2009	Motion to Dismiss 2 Exhibits 1 & 2 View on PACER 3 Exhibit 3 (Part 1) View on PACER 4 Exhibit 3 (Part 2) View on PACER 5 Exhibit 4 View on PACER 6 Proposed Order View on PACER	Clearinghouse
11	Feb. 25, 2009	Motion for Extension of Time to File Response/Reply 2 Text of Proposed Order View on PACER	RECAP
11	Feb. 25, 2009	Motion for Extension of Time to File Response/Reply 2 Text of Proposed Order View on PACER	RECAP
12	March 4, 2009	Motion to Seal Document 2 Text of Proposed Order View on PACER	RECAP
12	March 4, 2009	Motion to Seal Document 2 Text of Proposed Order View on PACER	RECAP
13	March 5, 2009	Motion for Miscellaneous Relief 2 Text of Proposed Order View on PACER	RECAP
13	March 5, 2009	Motion for Miscellaneous Relief 2 Text of Proposed Order View on PACER	RECAP
14	March 11, 2009	Order on Motion for Extension of Time to File Response/Reply	RECAP
14	March 11, 2009	Order on Motion for Extension of Time to File Response/Reply	RECAP
15	March 12, 2009	Sealed Response to Motion	RECAP
15	March 12, 2009	Sealed Response to Motion	RECAP
16	March 12, 2009	Sealed Response to Motion	RECAP
16	March 12, 2009	Sealed Response to Motion	RECAP
17	March 16, 2009	Response to Motion	RECAP
17	March 16, 2009	Response to Motion	RECAP
18	March 19, 2009	Motion for Extension of Time to File Response/Reply 2 Proposed Order View on PACER	RECAP
18	March 19, 2009	Motion for Extension of Time to File Response/Reply 2 Proposed Order View on PACER	RECAP
19	March 20, 2009	Order on Motion for Extension of Time to File Response/Reply	RECAP
19	March 20, 2009	Order on Motion for Extension of Time to File Response/Reply	RECAP
20	March 24, 2009	Motion to Seal 2 Proposed Order View on PACER	RECAP
20	March 24, 2009	Motion to Seal 2 Proposed Order View on PACER	RECAP
21	March 24, 2009	Motion for Leave to File Excess Pages 2 Proposed Order View on PACER	RECAP
21	March 24, 2009	Motion for Leave to File Excess Pages 2 Proposed Order View on PACER	RECAP
22	March 24, 2009	Order on Motion to Seal	RECAP
22	March 24, 2009	Order on Motion to Seal	RECAP
23	March 24, 2009	Order on Motion for Leave to File Excess Pages	RECAP
23	March 24, 2009	Order on Motion for Leave to File Excess Pages	RECAP
24	March 25, 2009	Sealed Reply to Response to Motion	RECAP
24	March 25, 2009	Sealed Reply to Response to Motion	RECAP
25	March 25, 2009	Sealed Additional Attachments to Main Document	RECAP
25	March 25, 2009	Sealed Additional Attachments to Main Document	RECAP
26	March 30, 2009	Motion for Miscellaneous Relief 2 Plaintiffs Exhibit 1 Declaration of David Miller View on PACER 3 Plaintiffs Exhibit 2 Duties of a Pharmacist View on PACER 4 Plaintiff Exhibit 3 Declaration of Mary Hupp View on PACER 5 Plaintiffs Exhibit 4 Declaration of Rhonda Gray View on PACER 6 Text of Proposed Order View on PACER	RECAP
26	March 30, 2009	Motion for Miscellaneous Relief 2 Plaintiffs Exhibit 1 Declaration of David Miller View on PACER 3 Plaintiffs Exhibit 2 Duties of a Pharmacist View on PACER 4 Plaintiff Exhibit 3 Declaration of Mary Hupp View on PACER 5 Plaintiffs Exhibit 4 Declaration of Rhonda Gray View on PACER 6 Text of Proposed Order View on PACER	RECAP
27	March 30, 2009	Sur-Reply to Reply to Response to Motion 2 Exh 1 Warden's Letter View on PACER 3 Exh 2 Exp Rpt of George Jackson View on PACER 4 Proposed Order View on PACER	RECAP
27	March 30, 2009	Sur-Reply to Reply to Response to Motion 2 Exh 1 Warden's Letter View on PACER 3 Exh 2 Exp Rpt of George Jackson View on PACER 4 Proposed Order View on PACER	RECAP
28	April 9, 2009	Response to Motion 2 Exhibit A View on PACER	RECAP
28	April 9, 2009	Response to Motion 2 Exhibit A View on PACER	RECAP
29	Aug. 10, 2009	Motion for Miscellaneous Relief	RECAP
29	Aug. 10, 2009	Motion for Miscellaneous Relief	RECAP
30	Aug. 24, 2009	Order on Motion to Dismiss	Clearinghouse
30	Aug. 24, 2009	Order on Motion to Dismiss	Clearinghouse
31	Sept. 19, 2009	Response in Opposition to Motion 2 Exhibit 1 Excerpts from five Unicor Contracts View on PACER 3 Exhibit 2 Sample Administrative Claim View on PACER 4 Exhibit 3 Jimmy Skinner Declaration View on PACER 5 Exhibit 4 Larry Cullum Delcaration View on PACER 6 Exhibit 5 Johnny Calderon Declaration View on PACER 7 Exhibit 6 Juan Cisineros Declaration View on PACER 8 Exhibit 7 Roland Samaniego Declaration View on PACER	RECAP
31	Sept. 19, 2009	Response in Opposition to Motion 2 Exhibit 1 Excerpts from five Unicor Contracts View on PACER 3 Exhibit 2 Sample Administrative Claim View on PACER 4 Exhibit 3 Jimmy Skinner Declaration View on PACER 5 Exhibit 4 Larry Cullum Delcaration View on PACER 6 Exhibit 5 Johnny Calderon Declaration View on PACER 7 Exhibit 6 Juan Cisineros Declaration View on PACER 8 Exhibit 7 Roland Samaniego Declaration View on PACER	RECAP
32	Sept. 19, 2009	Response in Opposition to Motion 2 Exhibit 8 Inmate Issue Committee Memos View on PACER 3 Exhibit 9 Sample Questionnaire for Survey of Disease Symptoms View on PACER 4 Exhibit 10 Unicor Survey of Toxic Mold Syndrome Symptoms View on PACER 5 Exhibit 11 Comparison of Toxic Mold Symptoms Unicor and Penitentiary Claimants View on PACER 6 Exhibit 12 September and October 2005 Water Lab Reports View on PACER 7 Exhibit 13 Charles Pierce Expert Report for Unicor View on PACER	RECAP
32	Sept. 19, 2009	Response in Opposition to Motion 2 Exhibit 8 Inmate Issue Committee Memos View on PACER 3 Exhibit 9 Sample Questionnaire for Survey of Disease Symptoms View on PACER 4 Exhibit 10 Unicor Survey of Toxic Mold Syndrome Symptoms View on PACER 5 Exhibit 11 Comparison of Toxic Mold Symptoms Unicor and Penitentiary Claimants View on PACER 6 Exhibit 12 September and October 2005 Water Lab Reports View on PACER 7 Exhibit 13 Charles Pierce Expert Report for Unicor View on PACER	RECAP
33	Sept. 19, 2009	Response in Opposition to Motion 2 Exhibit 14 Dr. Jackson Curriculum Vitae and Compensation View on PACER 3 Exhibit 15 Dr. Jackson Expert Report View on PACER 4 Exhibit 16 H Pylori Symtoms for Unicor Claimants View on PACER 5 Exhibit 17 Mary Hupp Expert Declaration View on PACER 6 Exhibit 18 Brandon Henderson Declaration View on PACER 7 Exhibit 19 Dr. Kris Sperry Curriculum Vitae View on PACER 8 Exhibit 20 Dr. Kris Sperry Expert Report View on PACER 9 Text of Proposed Order View on PACER	RECAP
33	Sept. 19, 2009	Response in Opposition to Motion 2 Exhibit 14 Dr. Jackson Curriculum Vitae and Compensation View on PACER 3 Exhibit 15 Dr. Jackson Expert Report View on PACER 4 Exhibit 16 H Pylori Symtoms for Unicor Claimants View on PACER 5 Exhibit 17 Mary Hupp Expert Declaration View on PACER 6 Exhibit 18 Brandon Henderson Declaration View on PACER 7 Exhibit 19 Dr. Kris Sperry Curriculum Vitae View on PACER 8 Exhibit 20 Dr. Kris Sperry Expert Report View on PACER 9 Text of Proposed Order View on PACER	RECAP
34	Sept. 21, 2009	Response in Opposition to Motion 2 Exhibit 1 Five Unicor Contracts View on PACER 3 Exhibit 2 Admin. Claim View on PACER 4 Exhibit 3 Skinner Declaration View on PACER 5 Exhibit 4 Cullum Declaration View on PACER 6 Exhibit 5 Calderon Declaration View on PACER 7 Exhibit 6 Cisineros Decl. View on PACER 8 Exhibit 7 Samaniego Decl. View on PACER 9 Exhibit 8 Inmate Committee View on PACER 10 Exhibit 9 Questionnaire View on PACER 11 Exhibit 10 Toxic Mold Survey View on PACER 12 Exhibit 11 2nd Mold Survey View on PACER 13 Exhibit 12 Water lab reports View on PACER 14 Exhibit 13 Pierce Report View on PACER 15 Exhibit 14 Dr. Jackson Expertise View on PACER 16 Exhibit 15 Jackson Expert Report View on PACER 17 Exhibit 16 H Pylori Survey View on PACER 18 Exhibit 17 Hupp Decl. View on PACER 19 Exhibit 18 Henderson Decl View on PACER 20 Exhibit 19 Sperry Expertise View on PACER 21 Exhibit 20 Sperry Expert Report View on PACER 22 Text of Proposed Order View on PACER	RECAP
34	Sept. 21, 2009	Response in Opposition to Motion 2 Exhibit 1 Five Unicor Contracts View on PACER 3 Exhibit 2 Admin. Claim View on PACER 4 Exhibit 3 Skinner Declaration View on PACER 5 Exhibit 4 Cullum Declaration View on PACER 6 Exhibit 5 Calderon Declaration View on PACER 7 Exhibit 6 Cisineros Decl. View on PACER 8 Exhibit 7 Samaniego Decl. View on PACER 9 Exhibit 8 Inmate Committee View on PACER 10 Exhibit 9 Questionnaire View on PACER 11 Exhibit 10 Toxic Mold Survey View on PACER 12 Exhibit 11 2nd Mold Survey View on PACER 13 Exhibit 12 Water lab reports View on PACER 14 Exhibit 13 Pierce Report View on PACER 15 Exhibit 14 Dr. Jackson Expertise View on PACER 16 Exhibit 15 Jackson Expert Report View on PACER 17 Exhibit 16 H Pylori Survey View on PACER 18 Exhibit 17 Hupp Decl. View on PACER 19 Exhibit 18 Henderson Decl View on PACER 20 Exhibit 19 Sperry Expertise View on PACER 21 Exhibit 20 Sperry Expert Report View on PACER 22 Text of Proposed Order View on PACER	RECAP
	Sept. 21, 2009	Documents 31−33 were filed in error as separate responses. Atty will refile as one response plus additional attachments if needed. (mrp, ) (Entered: 09/21/2009)	PACER
35	Sept. 29, 2009	Motion for Extension of Time to File Response/Reply 2 Proposed Order View on PACER	RECAP
35	Sept. 29, 2009	Motion for Extension of Time to File Response/Reply 2 Proposed Order View on PACER	RECAP
36	Oct. 9, 2009	Motion for Leave to File Excess Pages 2 Proposed Order View on PACER	RECAP
36	Oct. 9, 2009	Motion for Leave to File Excess Pages 2 Proposed Order View on PACER	RECAP
37	Oct. 13, 2009	Reply to Response to Motion 2 Exhibit Exhibit A View on PACER 3 Exhibit Exhibits B-G View on PACER	RECAP
37	Oct. 13, 2009	Reply to Response to Motion 2 Exhibit Exhibit A View on PACER 3 Exhibit Exhibits B-G View on PACER	RECAP
38	March 23, 2010	Order on Motion for Miscellaneous Relief	RECAP
38	March 23, 2010	Order on Motion for Miscellaneous Relief	RECAP
39	Aug. 9, 2010	Order on Motion for Extension of Time to File Response/Reply	RECAP
39	Aug. 9, 2010	Order on Motion for Extension of Time to File Response/Reply	RECAP
40	March 12, 2012	Order Dismissing Case	Clearinghouse
40	March 12, 2012	Order Dismissing Case	Clearinghouse
	Oct. 9, 2013	Per General Order 13−19 all civil actions pending in the Eastern District of Texas wherein the United States or an agency, corporation, officer or employee of the United States is a party are STAYED. All such cases are stayed until such time as an appropriations bill or a continuing resolution is enacted restoring funding to the Department of Justice.(mjc, ) (Entered: 10/09/2013)	PACER
41	Dec. 20, 2013	REPORT AND RECOMMENDATION OF U. S. Magistrate Judge that the Complaint filed by Austin Demetrius et al., that this lawsuit should be dismissed without prejudice pursuant to FRCP 41(b). Signed by Magistrate Judge Keith F. Giblin on 12/20/13. (mrp, ) (Entered: 12/20/2013)	Clearinghouse
42	Jan. 9, 2014	MEMORANDUM ORDER ADOPTING 41 Report and Recommendations. A final judgment shall be entered dismissing this lawsuit. Signed by Judge Marcia A. Crone on 1/8/14. (pkb, )	RECAP
43	Jan. 9, 2014	FINAL JUDGMENT that the plaintiffs take nothing and that this lawsuit is DISMISSED without prejudice pursuant to Federal Rule of Civil Procedure 41(b). All motions not previously ruled on are denied. Signed by Judge Marcia A. Crone on 1/8/14. (pkb, ) (Entered: 01/09/2014)	PACER
44	Jan. 14, 2014	MOTION for Extension of Time to File Response to 41 Report and Recommendations by Louis Charles Mayes. (mrp, ) (Entered: 01/15/2014)	PACER
45	March 19, 2014	NOTICE of Change of Address to 4458 Tampico Street; Houston, Tx 77016. by Louis Charles Mayes. Docket sheet mailed on 3/19/14. (mrp, ) (Entered: 03/19/2014)	PACER
46	June 26, 2014	ORDER granting 44 Motion for Extension of Time to File Response. Mr. Mayes is allowed an extension of time through 7/15/14 to file the response. Signed by Magistrate Judge Keith F. Giblin on 6/26/14. (mrp, ) (Entered: 06/26/2014)	PACER

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Case Details

State / Territory:

Texas

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 8, 2008

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

47 inmates of the Beaumont Federal Correctional Institution Medium who are also employees of UNICOR, a prison industry which uses prison labor to produce goods for the federal government.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

United States of America

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674

Other Dockets:

Eastern District of Texas 1:08-cv-00593

Available Documents:

Complaint (any)

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

General/Misc.:

Bathing and hygiene

Food service / nutrition / hydration

Sanitation / living conditions

Totality of conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Work release or work assignments

Recommended Citation

Case Summary of Trojcak v. United States of America, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/11397/ (last updated 2/12/2015).