Case: De Luna v. Hidalgo County

7:10-cv-00268 | U.S. District Court for the Southern District of Texas

Filed Date: July 26, 2010

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On July 26, 2010, two young adults in Hidalgo County filed a lawsuit under 42 U.S.C. §1983 in the U.S. District Court for the Southern District of Texas. The plaintiffs, represented by the American Civil Liberties Union Foundation of Texas, asked the court for declaratory, injunctive and damage relief. The plaintiffs claimed that the defendants, the county and county magistrates and justices of the peace, had violated their constitutional rights by failing to conduct an indigency examination prior to their jailing for the failure to pay the fines associated with the failure to attend school citations that had been issued by their school district's police department. Specifically, the plaintiffs claimed that, by failing to conduct an indigency examination to determine whether the plaintiffs were indigent and whether they had made a good faith effort to pay their fines, the defendants had violated their right to due process and equal protection by jailing them for being unable to pay a fine.

On June 24, 2011 Judge Randy Crane granted the defendants' motion to dismiss the plaintiffs' claims for injunctive relief against the judicial defendants. The court found that §1983 does not allow for injunctive relief against judicial officers for acts or omissions taken within their official capacities unless "a declaratory decree was violated or declaratory relief was unavailable." The court further dismissed the claims against the Sheriff in his official capacity because case law in the 5th circuit allows for "unnecessary parties" to be dismissed. The district court found that the official capacity claims against the Sheriff in reality were claims against the county. As such, the district court found that the Sheriff's presence in the lawsuit was unnecessary and dismissed the claims against him in his official capacity.

Judge Randy Crane denied, however, the defendants' motion to dismiss the claim for declaratory relief against the judicial defendants and the claims for injunctive, declaratory and damage relief against the county.

On October 18, 2011, the remaining defendants filled a motion for summary judgment. Plaintiffs then filed a cross motion for summary judgment on November 10, 2011.

In an order issued on February 15 2012, Judge Randy Crane 1) denied class certification, 2) dismissed Plaintiffs' individual claims for declaratory and injunctive relief against the Magistrates and County for lack of standing, 3) granted summary judgment to the named plaintiffs' for their claim for damages against the county because it violated their federal due process and equal protection rights by failing to afford them an affirmative indigency determination before incarcerating them for their failure to pay fines and costs, 4) ruled that plaintiff De Luna was entitled to nominal damages of $1, and 5) ruled that plaintiff Diaz’s entitlement to compensatory damages could not be resolved on summary judgment.

To demonstrate standing to obtain an order declaring as unconstitutional and enjoining Defendants’ challenged practices, the plaintiffs had to show that they faced a “real and immediate” threat that, while indigent, they will again be charged with a Class C, fine-only offense and then arrested and incarcerated solely because they are unable to pay the fine, without being afforded an indigency screening. The court believed that there were simply too many contingencies for the threat to be "real and immediate."

In granting summary judgment on the plaintiff's claim for damages, the court focused on potential defendants who might not think to "speak up" during arraignment, saying that providing the opportunity to bring up indigency is merely a gesture of, but does not provide, due process. Plaintiff De Luna did not show "actual injury" so was only awarded $1 for the unconstitutional violation of due process rights. With the plaintiff Diaz, the court said that the question of whether she knew that she could avoid jail time by bringing up her inability to pay at arraignment still needed to be determined. If she voluntarily chose to serve jail time, there would be no actual injury and she would only recover nominal damages.

A hearing on the remainder of the motions did not take place as the parties filed a joint motion to dismiss (R41) on April 29, 2012, saying that the matter had been amicably resolved. The agreement was filed under seal. The court then approved the motion on April 30.

Summary Authors

Justin Benson (10/26/2011)

Dan Hofman (3/20/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4398093/parties/de-luna-v-hidalgo-county/

Judge(s)

Crane, Randy (Texas)

Attorney for Plaintiff

Bhat, Ghouri (Texas)

Bowie, Courtney (New York)

Caddell, Michael A. (Texas)

Chapman, Cynthia B. (Texas)

Attorney for Defendant

Expert/Monitor/Master/Other

Judge(s)

Crane, Randy (Texas)

Attorney for Plaintiff

Bhat, Ghouri (Texas)

Bowie, Courtney (New York)

Caddell, Michael A. (Texas)

Chapman, Cynthia B. (Texas)

Graybill, Lisa Shawn (Texas)

Levy, Dana B. (Texas)

Morton, Clayton Alan (Texas)

Morton, Clay A. (Texas)

Whitburn, Mark Caddell (Texas)

Attorney for Defendant

Goldberg, George Zachary (Texas)

Hanson, George A (Texas)

Hartley, Jason S (Texas)

Hearin, Jesse B (Texas)

Henrichson, Preston Edward (Texas)

Hernandez, Jose Wilfredo (Texas)

Hernandez, Marissa Carranza (Texas)

Loren, James Mark (Texas)

Millin, John Andrew (Texas)

O'Dell, Ryan D (Texas)

Rustmann, Rachael Victoria (Texas)

Seaquist, Gunnar Peterson (Texas)

Weitz, Mark A. (Texas)

Weller, Steven H. (Texas)

Wingate, Brandy M. (Texas)

Yzaguirre, Roberto J (Texas)

Other

Esq, Robert Sanchez, (Texas)

Fitapelli, Joseph A. (Texas)

Gruver, Lori (Texas)

Jr, Raymond L (Texas)

Mazzaferro, Frank Joseph (Texas)

Miazad, Ossai (Texas)

Rider, Kent Morrison (Texas)

Schaffer, Brian Scott (Texas)

Shavitz, Gregg I. (Texas)

Stern, Keith M. (Texas)

Sunshine, Naomi Briana (Texas)

Swartz, Justin Mitchell (Texas)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

7:10-cv-00268	Civil Docket	April 30, 2012	April 30, 2012 Docket
1 7:10-cv-00268	Class Action Complaint	July 26, 2010	July 26, 2010 Complaint
50 7:10-cv-00268	Order Granting in Part and Denying in Part Defendants' Motion to Dismiss and Denying Defendants' Motion to Strike	June 24, 2011	June 24, 2011 Order/Opinion
74 7:10-cv-00268	Defendants' Opposed Motion for Summary Judgment and Memorandum of Law in Support of Same	Oct. 18, 2011	Oct. 18, 2011 Pleading / Motion / Brief
90 7:10-cv-00268	Plaintiffs' Opposed Motion and Memorandum in Support of Their Motion for Summary Judgment and Brief in Opposition to Defendants' Motion for Summary Judgment De Luna v. Hildalgo County	Nov. 10, 2011	Nov. 10, 2011 Pleading / Motion / Brief
113 7:10-cv-00268	Order Granting in Part and Denying in Part Defendants' Motion for Summary Judgment, Granting Defendants' Motion for Denial of Class Certification, Granting in Part and Denying in Part Plaintiffs' Motion for Summary Judgment De Luna v. Hidalgo County, Texas	Feb. 15, 2012	Feb. 15, 2012 Order/Opinion 853 F.Supp.2d 623

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4398093/de-luna-v-hidalgo-county/

Last updated March 28, 2026, 5:21 a.m.

ECF Number	Date	Description	Link
1	July 26, 2010	COMPLAINT against Bobby Contreras, Charlie Espinoza, Luis Garza, Hidalgo County, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino (Filing fee $ 350 receipt number 0541-6698286) filed by Elizabeth Diaz, Francisco De Luna. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for County)(Graybill, Lisa) (Entered: 07/26/2010) 1 Civil Cover Sheet View on PACER 2 Summons for County View on PACER	RECAP
2	July 27, 2010	ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Pretrial Conference set for 10/6/2010 at 09:30 AM before Judge Randy Crane. Parties notified.(bgarces, ) (Entered: 07/27/2010)	RECAP
	July 27, 2010	Summons Issued as to Hidalgo County, Texas, filed.(bgarces, )
3	Aug. 26, 2010	RETURN of Service of SUMMONS Executed as to Hidalgo County, Texas served on 8/19/2010, answer due 10/18/2010, filed.(Graybill, Lisa) (Entered: 08/26/2010)	RECAP
4	Sept. 9, 2010	STIPULATION re: Extension of Time to File Answer by Charlie Espinoza, Luis Garza, Hidalgo County, Texas, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino, filed.(Millin, John) (Entered: 09/09/2010)	RECAP
5	Sept. 9, 2010	STIPULATION re: Extension of Time to File Answer by Bobby Contreras, filed.(Millin, John) (Entered: 09/09/2010)	RECAP
6	Sept. 17, 2010	Unopposed MOTION for Extension of Time For Filing of Defendants' Answer and Unopposed Motion for Continuance of the Court's Initial Pretrial and Scheduling Conference by Charlie Espinoza, Luis Garza, Hidalgo County, Texas, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino, filed. Motion Docket Date 10/8/2010. (Attachments: # 1 Exhibit A: Stipulation to Extend Time for Filing Answer, # 2 Proposed Order)(Millin, John) (Entered: 09/17/2010) 1 Exhibit A: Stipulation to Extend Time for Filing Answer View on PACER 2 Proposed Order View on PACER	RECAP
7	Sept. 17, 2010	Unopposed MOTION for Extension of Time For Filing of Defendants' Answer and Unopposed Motion for Continuance of the Court's Initial Pretrial and Scheduling Conference by Bobby Contreras, filed. Motion Docket Date 10/8/2010. (Attachments: # 1 Exhibit A: Stipulation to Extend Time for Filing Answer, # 2 Proposed Order)(Millin, John) (Entered: 09/17/2010) 1 Exhibit A: Stipulation to Extend Time for Filing Answer View on PACER 2 Proposed Order View on PACER	RECAP
8	Sept. 21, 2010	ORDER granting 6 and 7 Motion for Extension of Time Answer due by 10/19/2010 Dispositive Motion Filing due by 10/19/2010.(Signed by Judge Randy Crane) Parties notified.(rcoronado, ) (Entered: 09/21/2010)	RECAP
9	Sept. 21, 2010	NOTICE OF RESCHEDULING OF INITAL PRETRIAL CONFERENCE: Initial Conference set for 11/3/2010 at 09:30 AM before Judge Randy Crane.(Signed by Judge Randy Crane) Parties notified.(rcoronado, ) (Entered: 09/21/2010)	RECAP
10	Oct. 19, 2010	Opposed MOTION to Dismiss Based on Rule 12(b)(1) and 12(b)(6) and Opposed Motion to Strike by Charlie Espinoza, Luis Garza, Hidalgo County, Texas, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino, filed. Motion Docket Date 11/9/2010. (Attachments: # 1 Proposed Order Granting Motion to Dismiss and Motion to Strike)(Millin, John) (Entered: 10/19/2010) 1 Proposed Order Granting Motion to Dismiss and Motion to Strike View on PACER	RECAP
11	Oct. 19, 2010	Opposed MOTION to Dismiss Based on Rule 12b(1) and 12(b)(6) and Opposed Motion to Strike by Bobby Contreras, filed. Motion Docket Date 11/9/2010. (Attachments: # 1 Proposed Order Granting Motion to Dismiss and Motion to Strike)(Millin, John) (Entered: 10/19/2010) 1 Proposed Order Granting Motion to Dismiss and Motion to Strike View on PACER	RECAP
12	Oct. 19, 2010	ANSWER to 1 Complaint, by Charlie Espinoza, Luis Garza, Hidalgo County, Texas, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino, filed.(Millin, John) (Entered: 10/19/2010)	RECAP
13	Oct. 19, 2010	ANSWER to 1 Complaint, by Bobby Contreras, filed.(Millin, John) (Entered: 10/19/2010)	RECAP
14	Oct. 20, 2010	DEMAND for Trial by Jury by Charlie Espinoza, Luis Garza, Hidalgo County, Texas, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino, filed.(Millin, John) (Entered: 10/20/2010)	RECAP
15	Oct. 20, 2010	DEMAND for Trial by Jury by Bobby Contreras, filed.(Millin, John) (Entered: 10/20/2010)	RECAP
16	Oct. 20, 2010	REPORT of Rule 26(f) Planning Meeting by Francisco De Luna, Elizabeth Diaz, filed.(Caddell, Michael) (Entered: 10/20/2010)	RECAP
17	Oct. 20, 2010	CERTIFICATE OF INTERESTED PARTIES by Francisco De Luna, Elizabeth Diaz, filed.(Caddell, Michael) (Entered: 10/20/2010)	RECAP
18	Oct. 25, 2010	DESIGNATION of John A. Millin IV as attorney in charge of Charlie Espinoza, Luis Garza, Hidalgo County, Texas, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino, filed.(Millin, John) (Entered: 10/25/2010)	RECAP
19	Oct. 25, 2010	DESIGNATION of John A. Millin IV as attorney in charge of Bobby Contreras, filed.(Millin, John) (Entered: 10/25/2010)	RECAP
20	Oct. 25, 2010	CERTIFICATE OF INTERESTED PARTIES by Charlie Espinoza, Luis Garza, Hidalgo County, Texas, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino, filed.(Millin, John) (Entered: 10/25/2010)	RECAP
21	Oct. 25, 2010	CERTIFICATE OF INTERESTED PARTIES by Bobby Contreras, filed.(Millin, John) (Entered: 10/25/2010)	RECAP
22	Nov. 3, 2010	SCHEDULING ORDER. Amended Pleadings due by 3/11/2011. Joinder of Parties due by 3/11/2011 Discovery due by 5/6/2011. Dispositive Motion Filing due by 5/20/2011. Non-Dispositive Motion Filing due by 5/20/2011. Joint Pretrial Order due by 6/28/2011. Pretrial Conference set for 7/5/2011 at 09:30 AM before Judge Randy Crane Jury Selection set for 7/6/2011 at 09:30AM before Judge Randy Crane Motion Hearing set for 6/7/2011 at 09:30 AM before Judge Randy Crane.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 11/03/2010)	RECAP
	Nov. 3, 2010	Minute Entry for proceedings held before Judge Randy Crane. The Court administered Oath of Admission to SD/TX to Attorney Bhat. Initial PRETRIAL and Scheduling CONFERENCE held on 11/3/2010. The Court noted that the pending [10,11] motions to dismiss are not yet ripe and responses have not yet been filed. The Court addressed the issue of class action certification. Counsel for the plaintiff indicated that a motion to amend the complaint will be filed. If necessary defendant would have to re-file their motions to dismiss, otherwise plaintiff needs to file a response the pending motions to dismiss. Appearances: John Andrew Millin; Gouri N. Bhat/Dana Levy.(ERO:Richard Cortez [9:48-9:49/10:04-10:21])(Law Clerk: S. Rodriguez), filed.(lcervantes)
23	Nov. 9, 2010	First AMENDED COMPLAINT with Jury Demand against Bobby Contreras, Charlie Espinoza, Luis Garza, Hidalgo County, Texas, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino filed by Elizabeth Diaz, Francisco De Luna. (Attachments: # 1 Complaint)(Caddell, Michael) (Entered: 11/09/2010) 1 Complaint View on PACER	RECAP
24	Nov. 23, 2010	Second MOTION to Dismiss Under FRCP 12(b) and Motion to Strike by Charlie Espinoza, Luis Garza, Hidalgo County, Texas, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino, filed. Motion Docket Date 12/14/2010. (Attachments: # 1 Proposed Order)(Millin, John) (Entered: 11/23/2010) 1 Proposed Order View on PACER	RECAP
25	Nov. 23, 2010	Second MOTION to Dismiss Under FRCP12(b) and Motion to Strike by Bobby Contreras, filed. Motion Docket Date 12/14/2010. (Attachments: # 1 Proposed Order)(Millin, John) (Entered: 11/23/2010) 1 Proposed Order View on PACER	RECAP
26	Nov. 23, 2010	ANSWER to 23 Amended Complaint/Counterclaim/Crossclaim etc., by Charlie Espinoza, Luis Garza, Hidalgo County, Texas, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino, filed.(Millin, John) (Entered: 11/23/2010)	RECAP
27	Nov. 23, 2010	ANSWER to 23 Amended Complaint/Counterclaim/Crossclaim etc., by Bobby Contreras, filed.(Millin, John) (Entered: 11/23/2010)	RECAP
28	Nov. 23, 2010	DEMAND for Trial by Jury by Charlie Espinoza, Luis Garza, Hidalgo County, Texas, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino, filed.(Millin, John) (Entered: 11/23/2010)	RECAP
29	Nov. 23, 2010	DEMAND for Trial by Jury by Bobby Contreras, filed.(Millin, John) (Entered: 11/23/2010)	RECAP
30	Dec. 14, 2010	RESPONSE in Opposition to 25 Second MOTION to Dismiss Under FRCP12(b) and Motion to Strike, 24 Second MOTION to Dismiss Under FRCP 12(b) and Motion to StrikeSecond MOTION to Dismiss Under FRCP 12(b) and Motion to Strike, filed by Francisco De Luna, Elizabeth Diaz. (Caddell, Michael) (Entered: 12/14/2010)	RECAP
31	Jan. 6, 2011	REPLY to Response to 24 Second MOTION to Dismiss Under FRCP 12(b) and Motion to StrikeSecond MOTION to Dismiss Under FRCP 12(b) and Motion to Strike, filed by Charlie Espinoza, Luis Garza, Hidalgo County, Texas, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino. (Millin, John) (Entered: 01/06/2011)	RECAP
32	Jan. 6, 2011	REPLY to Response to 25 Second MOTION to Dismiss Under FRCP12(b) and Motion to Strike, filed by Bobby Contreras. (Millin, John) (Entered: 01/06/2011)	RECAP
33	March 30, 2011	MOTION to Amend by Bobby Contreras, Francisco De Luna, Elizabeth Diaz, Charlie Espinoza, Luis Garza, Hidalgo County, Texas, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino, filed. Motion Docket Date 4/20/2011. (Attachments: # 1 Proposed Order)(Caddell, Michael) (Entered: 03/30/2011) 1 Proposed Order View on PACER	RECAP
34	March 30, 2011	MOTION for Protective Order by Bobby Contreras, Francisco De Luna, Elizabeth Diaz, Charlie Espinoza, Luis Garza, Hidalgo County, Texas, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino, filed. Motion Docket Date 4/20/2011. (Attachments: # 1 Proposed Order)(Caddell, Michael) (Entered: 03/30/2011) 1 Proposed Order View on PACER	RECAP
35	March 31, 2011	MOTION for Gouri Narayan Bhat to Withdraw as Attorney by Francisco De Luna, Elizabeth Diaz, filed. Motion Docket Date 4/21/2011. (Bhat, Gouri) (Entered: 03/31/2011)	RECAP
36	March 31, 2011	AMENDED SCHEDULING ORDER. ( Discovery due by 7/8/2011., Dispositive Motion Filing due by 7/22/2011., Non-Dispositive Motion Filing due by 7/22/2011., Joint Pretrial Order due by 8/29/2011., Pretrial Conference set for 9/6/2011 at 09:30 AM before Judge Randy Crane, Jury Selection set for 9/7/2011 at 09:30AM before Judge Randy Crane, Motion Hearing set for 8/19/2011 at 09:30 AM before Judge Randy Crane), Motion(s) terminated:.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 03/31/2011)	RECAP
37	March 31, 2011	PROTECTIVE ORDER Motion(s) terminated: 34 MOTION for Protective Order.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 03/31/2011)	RECAP
38	April 1, 2011	ORDER granting 35 Motion to Withdraw as Attorney. Attorney Gouri Narayan Bhat terminated.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 04/01/2011)	RECAP
39	April 19, 2011	Sealed Event, filed. (With attachments) (Entered: 04/19/2011)	RECAP
40	May 5, 2011	Sealed Event, filed. (Entered: 05/05/2011)	RECAP
41	May 13, 2011	MOTION to Compel Deposition of Mary Alice Palacios by Francisco De Luna, Elizabeth Diaz, filed. Motion Docket Date 6/3/2011. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Levy, Dana) (Entered: 05/13/2011) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER 9 Exhibit I View on PACER 10 Exhibit J View on PACER 11 Exhibit K View on PACER 12 Exhibit L View on PACER	RECAP
42	May 18, 2011	ORDER Setting Hearing on Motion 41 MOTION to Compel Deposition of Mary Alice Palacios : Motion Hearing set for 5/25/2011 at 12:00 PM before Judge Randy Crane.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 05/19/2011)	RECAP
43	May 20, 2011	*DOCUMENT FILED INCORRECTLY. ATTORNEY WILL REFILE CORRECT DOCUMENT AS #44. MOTION for Courtney A. Bowie to Appear as Attorney by Francisco De Luna, Elizabeth Diaz, filed. Motion Docket Date 6/10/2011. (Levy, Dana) Modified on 5/23/2011 (rcoronado, ). (Entered: 05/20/2011)	RECAP
44	May 20, 2011	AMENDED 43 MOTION( Motion Docket Date 6/10/2011.), MOTION for Courtney A. Bowie to Appear as Attorney by Francisco De Luna, Elizabeth Diaz, filed. (Attachments: # 1 Proposed Order)(Levy, Dana) (Entered: 05/20/2011) 1 Proposed Order View on PACER	RECAP
45	May 23, 2011	ORDER granting 44 Plaintiff's Motion for Courtney A. Browie to Appear as Attorney-in-Charge.(Signed by Judge Randy Crane) Parties notified.(rcoronado, ) (Entered: 05/23/2011)	RECAP
46	May 24, 2011	ORDER Setting Hearing on Defendants' Motion for Mental Examination of Plaintiffs set for 5/25/2011 at 12:00 PM before Judge Randy Crane.(Signed by Judge Randy Crane) Parties notified.(rcoronado, ) (Entered: 05/24/2011)	RECAP
47	May 25, 2011	RESPONSE in Opposition to 41 MOTION to Compel Deposition of Mary Alice Palacios, filed by Charlie Espinoza, Luis Garza, Hidalgo County, Texas, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino. (Attachments: # 1 Proposed Order)(Millin, John) (Entered: 05/25/2011) 1 Proposed Order View on PACER	RECAP
	May 25, 2011	Minute Entry for proceedings held before Judge Randy Crane. First, the Court administered the oath of admission to the Southern District of Texas to Attorney Courtney A. Bowie. Case called on the docket for MOTION HEARING held on 5/25/2011. The Court addressed counsel on pending discovery motions, responses and the status of settlement. The Court denied the motion to Quash and Granted 41 Motion to Compel Deposition as Fifth Amendment right asserted by Palacios; 39 Sealed Event-motion no longer opposed and the Court granted the defendants unopposed motion. The Court noted that the pending motions to dismiss remain under advisement. Appearances: Courtney A. Bowie/Brian Keller/Rachel Goodman; John A. Millin, IV.(ERO: Richard Cortez [12:07-12:36]) (Law Clerk: S. Rodriguez), filed.(lcervantes)
48	June 8, 2011	Opposed MOTION to Compel Discovery Responses by Francisco De Luna, Elizabeth Diaz, filed. Motion Docket Date 6/29/2011. (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit D, # 4 Exhibit E, # 5 Exhibit F, # 6 Exhibit G, # 7 Exhibit H, # 8 Exhibit A)(Graybill, Lisa) (Entered: 06/08/2011) 1 Exhibit B View on PACER 2 Exhibit C View on PACER 3 Exhibit D View on PACER 4 Exhibit E View on PACER 5 Exhibit F View on PACER 6 Exhibit G View on PACER 7 Exhibit H View on PACER 8 Exhibit A View on PACER	RECAP
49	June 15, 2011	Opposed MOTION to Modify The Scheduling Order by Francisco De Luna, Elizabeth Diaz, filed. Motion Docket Date 7/6/2011. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Graybill, Lisa) (Entered: 06/15/2011) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER	RECAP
50	June 24, 2011	ORDER granting in part and denying in part 24 Motion to Dismiss and Denying Motion to Strike.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 06/24/2011)	RECAP
51	June 28, 2011	Opposed MOTION to Compel Discovery Responses by Mary Alice Palacios by Francisco De Luna, Elizabeth Diaz, filed. Motion Docket Date 7/19/2011. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Graybill, Lisa) (Entered: 06/28/2011) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER	RECAP
52	July 8, 2011	Joint MOTION to Amend 36 Scheduling Order,, Terminate Motions, by Francisco De Luna, Elizabeth Diaz, filed. Motion Docket Date 7/29/2011. (Bowie, Courtney) (Entered: 07/08/2011)	RECAP
53	July 8, 2011	Unopposed MOTION to Withdraw 49 Opposed MOTION to Modify The Scheduling Order by Francisco De Luna, Elizabeth Diaz, filed. Motion Docket Date 7/29/2011. (Bowie, Courtney) (Entered: 07/08/2011)	RECAP
54	July 11, 2011	ORDER granting 53 Motion to Withdraw; withdrawing 49 Opposed MOTION to Modify The Scheduling Order.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 07/11/2011)	RECAP
55	July 11, 2011	ORDER granting 48 Motion to Compel Discovery Responses.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 07/11/2011)	RECAP
56	July 11, 2011	ORDER Setting Hearing on Pending Motions - 51 Opposed MOTION to Compel Discovery Responses by Mary Alice Palacios : Motion Hearing set for 7/22/2011 at 09:30 AM before Judge Randy Crane.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 07/11/2011)	RECAP
57	July 11, 2011	AMENDED SCHEDULING ORDER: ( Discovery due by 10/7/2011., Dispositive Motion Filing due by 10/21/2011., Non-Dispositive Motion Filing due by 10/21/2011., Joint Pretrial Order due by 11/28/2011., Pretrial Conference set for 12/5/2011 at 09:30 AM before Judge Randy Crane, Jury Selection set for 12/6/2011 at 09:30AM before Judge Randy Crane, Motion Hearing set for 11/18/2011 at 09:30 AM before Judge Randy Crane), Motion(s) terminated: 52 Joint MOTION to Amend 36 Scheduling Order.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 07/11/2011)	RECAP
	July 11, 2011	***Set Scheduling Order Settings: Motion Hearing set for 7/22/2011 at 09:30 AM before Judge Randy Crane Motion Hearing set for 11/18/2011 at 09:30 AM before Judge Randy Crane (bgarces, )
58	July 15, 2011	Opposed MOTION for Continuance of Plaintiffs' Motion to Compel the Discovery Responses of Mary Alice Palacios by Charlie Espinoza, Luis Garza, Hidalgo County, Texas, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino, filed. Motion Docket Date 8/5/2011. (Attachments: # 1 Exhibit A: Verification, # 2 Proposed Order)(Millin, John) (Entered: 07/15/2011) 1 Exhibit A: Verification View on PACER 2 Proposed Order View on PACER	RECAP
59	July 18, 2011	RESPONSE in Opposition to 51 Opposed MOTION to Compel Discovery Responses by Mary Alice Palacios, filed by Charlie Espinoza, Luis Garza, Hidalgo County, Texas, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino. (Millin, John) (Entered: 07/18/2011)	RECAP
60	July 19, 2011	ORDER RESETTING HEARING ON PENDING MOTIONS: Motion Hearing on Plaintiffs' Motion to Compel the Discovery Responses by Mary Alice Palacios is reset for 8/19/2011 at 09:30 AM before Judge Randy Crane), 58 Opposed MOTION for Continuance of Plaintiffs' Motion to Compel the Discovery Responses of Mary Alice Palacios-MOOT.(Signed by Judge Randy Crane) Parties notified.(rcoronado, ) (Entered: 07/19/2011)	RECAP
61	July 19, 2011	RESPONSE in Opposition to 58 Opposed MOTION for Continuance of Plaintiffs' Motion to Compel the Discovery Responses of Mary Alice Palacios, filed by Francisco De Luna, Elizabeth Diaz. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Bowie, Courtney) (Entered: 07/19/2011) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER	RECAP
	July 19, 2011	NOTICE of Setting. Telephone Conference set for Wednesday, 07/20/2011 at 01:30 PM before Judge Randy Crane, filed. All parties also telephonically notified.(lcervantes)
	July 20, 2011	Minute Entry for proceedings held before Judge Randy Crane. TELEPHONE CONFERENCE in-chambers held on 7/20/2011. The Court addressed discovery disputes and directed counsel to agree on a date for deposition to be held in the courtroom before this Court. Appearances: John A. Millin, IV; Courtney A. Bowie.(ERO:N/A-not recorded), filed.(lcervantes)
62	July 26, 2011	ORDER CANCELLING MOTIONS HEARING AND SETTING DEPOSITION: ( Deposition of Mary Alice Palacios set for 8/25/2011 at 08:30 AM before Judge Randy Crane) (Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 07/26/2011)	RECAP
63	Aug. 3, 2011	MOTION for Reconsideration of 55 Order on Motion to Compel by Hidalgo County, Texas, filed. Motion Docket Date 8/24/2011. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order)(Ramirez, Dennis) (Entered: 08/03/2011) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Proposed Order View on PACER	RECAP
64	Aug. 3, 2011	Opposed MOTION for Sanctions by Francisco De Luna, Elizabeth Diaz, filed. Motion Docket Date 8/24/2011. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Graybill, Lisa) (Entered: 08/03/2011) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER 9 Exhibit I View on PACER 10 Exhibit J View on PACER 11 Exhibit K View on PACER 12 Exhibit L View on PACER 13 Exhibit M View on PACER	RECAP
65	Aug. 23, 2011	RESPONSE in Opposition to 63 MOTION for Reconsideration of 55 Order on Motion to Compel, filed by Francisco De Luna, Elizabeth Diaz. (Bowie, Courtney) (Entered: 08/23/2011)	RECAP
66	Aug. 23, 2011	RESPONSE in Opposition to 64 Opposed MOTION for Sanctions, filed by Charlie Espinoza, Luis Garza, Hidalgo County, Texas, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino. (Attachments: # 1 Exhibit A: Supplement to Interrogatory Answers, # 2 Exhibit B: Second Supplement to Interrogatory Answers, # 3 Exhibit C: Supplement to Responses to Requests for Production, # 4 Proposed Order denying Plaintiffs' Motion for Sanctions)(Millin, John) (Entered: 08/23/2011) 1 Exhibit A: Supplement to Interrogatory Answers View on PACER 2 Exhibit B: Second Supplement to Interrogatory Answers View on PACER 3 Exhibit C: Supplement to Responses to Requests for Production View on PACER 4 Proposed Order denying Plaintiffs' Motion for Sanctions View on PACER	RECAP
67	Aug. 24, 2011	Supplemental RESPONSE in Opposition to 51 Opposed MOTION to Compel Discovery Responses by Mary Alice Palacios, filed by Mary Alice Palacios. (Attachments: # 1 Exhibit A: Mary Alice Palacios' Motion for New Trial Part 1, # 2 Exhibit A: Mary Alice Palacios' Motion for New Trial Part 2, # 3 Exhibit A: Mary Alice Palacios' Motion for New Trial Part 3)(Millin, John) (Entered: 08/24/2011) 1 Exhibit A: Mary Alice Palacios' Motion for New Trial Part 1 View on PACER 2 Exhibit A: Mary Alice Palacios' Motion for New Trial Part 2 View on PACER 3 Exhibit A: Mary Alice Palacios' Motion for New Trial Part 3 View on PACER	RECAP
68	Aug. 25, 2011	MOTION for Brandy Wingate to Appear Pro Hac Vice by Mary Alice Palacios, filed. Motion Docket Date 9/15/2011. (bgarces, ) (Entered: 08/29/2011)	RECAP
69	Aug. 25, 2011	ORDER granting 68 Motion for Brandy Wingate to Appear Pro Hac Vice.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 08/29/2011)	RECAP
	Aug. 25, 2011	Minute Entry for proceedings held before Judge Randy Crane. Case called on the docket for deposition. Proceedings held on 8/25/2011. The Court granted the Motion to Appear Pro Hac Vice of Attorney Brandy M. Wingate, tendered for filing. The Court presided over the deposition of witness Mary Alice Palacios until concluded. The Court directed counsel for the plaintiffs to electronicially file the exhibits provided to the Court. The Court addressed counsel on discovery issues and admonished defense counsel that the Court will consider imposing sanctions if necessary. The Court addressed the pending 63 Motion to Reconsider Order on Motion to Compel and ordered deadines for compliance or by mutual agreement of counsel. Counsel for the plaintiffs urged motion for attorney fees - matter taken under advisement. The Court directed counsel to file a motion for status hearing and a suggested hearing date. Appearances: John A. Millin, IV/Brandy M. Wingate; Courtney A. Bowie/Rachel E. Goodman.(ERO: Nancy Valdez [8:46-2:06] (Law Clerk: S. Rodriguez), filed.(lcervantes)
70	Oct. 7, 2011	Opposed MOTION for Status Hearing by Francisco De Luna, Elizabeth Diaz, filed. Motion Docket Date 10/28/2011. (Attachments: # 1 Exhibit A)(Bowie, Courtney) (Entered: 10/07/2011) 1 Exhibit A View on PACER	RECAP
71	Oct. 7, 2011	Opposed MOTION to Amend 57 Scheduling Order,,, Terminate Motions,, by Francisco De Luna, Elizabeth Diaz, filed. Motion Docket Date 10/28/2011. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Bowie, Courtney) (Entered: 10/07/2011) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER	RECAP
72	Oct. 13, 2011	AMENDED SCHEDULING ORDER ( Dispositive Motion Filing due by 11/10/2011., Non-Dispositive Motion Filing due by 11/10/2011., Joint Pretrial Order due by 12/27/2011., Pretrial Conference set for 1/3/2012 at 09:30 AM before Judge Randy Crane, Jury Selection set for 1/4/2012 at 09:30AM before Judge Randy Crane, Motion Hearing set for 12/9/2011 at 09:30 AM before Judge Randy Crane), Motion(s) terminated: 71 Opposed MOTION to Amend 57 Scheduling Order,, 70 Opposed MOTION for Status Hearing.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 10/13/2011)	RECAP
73	Oct. 13, 2011	ORDER GRANTING EMERGENCY OPPOSED MOTION TO EXTEND DEADLINES AND AMEND CASE MANAGEMENT ORDER: 64 Motion for Sanctions taking under advisement.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 10/13/2011)	RECAP
74	Oct. 18, 2011	MOTION for Summary Judgment by Hidalgo County, Texas, filed. Motion Docket Date 11/8/2011. (Attachments: # 1 Proposed Order, # 2 Exhibit A: Plaintiff's First Amended Complaint, # 3 Exhibit B: Affidavit of Robert Leal, # 4 Exhibit C: Transcript of Elizabeth Diaz Arraignment, # 5 Exhibit D: Transcript of Francisco De Luna Arraignment, # 6 Exhibit E: Interrogatory Responses of Elizabeth Diaz, # 7 Exhibit F: Interrogatory Responses of Francisco De Luna, # 8 Exhibit G: Transcript excerpts of Elizabeth Diaz deposition, # 9 Exhibit H: Transcript excerpts of Francisco De Luna deposition, # 10 Exhibit I: Dana Levy letter, # 11 Exhibit J: Trial transcript of Lee Roy Trevino)(Millin, John) (Entered: 10/18/2011) 1 Proposed Order View on PACER 2 Exhibit A: Plaintiff's First Amended Complaint View on PACER 3 Exhibit B: Affidavit of Robert Leal View on PACER 4 Exhibit C: Transcript of Elizabeth Diaz Arraignment View on PACER 5 Exhibit D: Transcript of Francisco De Luna Arraignment View on PACER 6 Exhibit E: Interrogatory Responses of Elizabeth Diaz View on PACER 7 Exhibit F: Interrogatory Responses of Francisco De Luna View on PACER 8 Exhibit G: Transcript excerpts of Elizabeth Diaz deposition View on PACER 9 Exhibit H: Transcript excerpts of Francisco De Luna deposition View on PACER 10 Exhibit I: Dana Levy letter View on PACER 11 Exhibit J: Trial transcript of Lee Roy Trevino View on PACER	RECAP
75	Oct. 18, 2011	EXHIBITS re: 74 MOTION for Summary Judgment by Hidalgo County, Texas, filed.(Millin, John) (Entered: 10/18/2011)	RECAP
76	Oct. 18, 2011	EXHIBITS re: 74 MOTION for Summary Judgment by Hidalgo County, Texas, filed.(Millin, John) (Entered: 10/18/2011)	RECAP
77	Oct. 18, 2011	EXHIBITS re: 74 MOTION for Summary Judgment by Hidalgo County, Texas, filed.(Millin, John) (Entered: 10/18/2011)	RECAP
78	Oct. 18, 2011	EXHIBITS re: 74 MOTION for Summary Judgment by Hidalgo County, Texas, filed.(Millin, John) (Entered: 10/18/2011)	RECAP
79	Oct. 18, 2011	EXHIBITS re: 74 MOTION for Summary Judgment by Hidalgo County, Texas, filed.(Millin, John) (Entered: 10/18/2011)	RECAP
80	Oct. 19, 2011	EXHIBITS re: 74 MOTION for Summary Judgment by Hidalgo County, Texas, filed.(Millin, John) (Entered: 10/19/2011)	RECAP
81	Oct. 19, 2011	EXHIBITS re: 74 MOTION for Summary Judgment by Hidalgo County, Texas, filed. (Attachments: # 1 Exhibit 3 of 49, # 2 Exhibit 4 of 49, # 3 Exhibit 5 of 49, # 4 Exhibit 6 of 49, # 5 Exhibit 7 of 49, # 6 Exhibit 8 of 49, # 7 Exhibit 9 of 49, # 8 Exhibit 10 of 49, # 9 Exhibit 11 of 49, # 10 Exhibit 12 of 49, # 11 Exhibit 13 of 49, # 12 Exhibit 14 of 49, # 13 Exhibit 15 of49, # 14 Exhibit 16 of 49, # 15 Exhibit 17 of 49, # 16 Exhibit 18 of 49, # 17 Exhibit 19 of 49, # 18 Exhibit 20 of 49, # 19 Exhibit 21 of 49, # 20 Exhibit 22 of 49, # 21 Exhibit 23 of 49, # 22 Exhibit 24 of 49, # 23 Exhibit 25 of 49, # 24 Exhibit 26 of 49, # 25 Exhibit 27 of 49, # 26 Exhibit 28 of 49, # 27 Exhibit 29 of 49, # 28 Exhibit 30 of 49, # 29 Exhibit 31 of 49, # 30 Exhibit 32 of 49, # 31 Exhibit 33 of 49, # 32 Exhibit 34 of 49, # 33 Exhibit 35 of 49, # 34 Exhibit 36 of 49, # 35 Exhibit 37 of 49, # 36 Exhibit 38 of 49, # 37 Exhibit 39 of 49, # 38 Exhibit 40 of 49, # 39 Exhibit 41 of 49, # 40 Exhibit 42 of 49, # 41 Exhibit 43 of 49, # 42 Exhibit 44 of 49, # 43 Exhibit 45 of 49, # 44 Exhibit 46 of 49, # 45 Exhibit 47 of 49, # 46 Exhibit 48 of 49, # 47 Exhibit 49 of 49)(Millin, John) (Entered: 10/19/2011) 1 Exhibit 3 of 49 View on PACER 2 Exhibit 4 of 49 View on PACER 3 Exhibit 5 of 49 View on PACER 4 Exhibit 6 of 49 View on PACER 5 Exhibit 7 of 49 View on PACER 6 Exhibit 8 of 49 View on PACER 7 Exhibit 9 of 49 View on PACER 8 Exhibit 10 of 49 View on PACER 9 Exhibit 11 of 49 View on PACER 10 Exhibit 12 of 49 View on PACER 11 Exhibit 13 of 49 View on PACER 12 Exhibit 14 of 49 View on PACER 13 Exhibit 15 of49 View on PACER 14 Exhibit 16 of 49 View on PACER 15 Exhibit 17 of 49 View on PACER 16 Exhibit 18 of 49 View on PACER 17 Exhibit 19 of 49 View on PACER 18 Exhibit 20 of 49 View on PACER 19 Exhibit 21 of 49 View on PACER 20 Exhibit 22 of 49 View on PACER 21 Exhibit 23 of 49 View on PACER 22 Exhibit 24 of 49 View on PACER 23 Exhibit 25 of 49 View on PACER 24 Exhibit 26 of 49 View on PACER 25 Exhibit 27 of 49 View on PACER 26 Exhibit 28 of 49 View on PACER 27 Exhibit 29 of 49 View on PACER 28 Exhibit 30 of 49 View on PACER 29 Exhibit 31 of 49 View on PACER 30 Exhibit 32 of 49 View on PACER 31 Exhibit 33 of 49 View on PACER 32 Exhibit 34 of 49 View on PACER 33 Exhibit 35 of 49 View on PACER 34 Exhibit 36 of 49 View on PACER 35 Exhibit 37 of 49 View on PACER 36 Exhibit 38 of 49 View on PACER 37 Exhibit 39 of 49 View on PACER 38 Exhibit 40 of 49 View on PACER 39 Exhibit 41 of 49 View on PACER 40 Exhibit 42 of 49 View on PACER 41 Exhibit 43 of 49 View on PACER 42 Exhibit 44 of 49 View on PACER 43 Exhibit 45 of 49 View on PACER 44 Exhibit 46 of 49 View on PACER 45 Exhibit 47 of 49 View on PACER 46 Exhibit 48 of 49 View on PACER 47 Exhibit 49 of 49 View on PACER	RECAP
82	Oct. 20, 2011	NOTICE of Appearance by Mark Whitburn on behalf of Francisco De Luna, Elizabeth Diaz, filed. (Whitburn, Mark) (Entered: 10/20/2011)	RECAP
83	Oct. 21, 2011	Opposed MOTION to Compel Discovery Responses by Charlie Espinoza, Luis Garza, Hidalgo County, Texas, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino, filed. Motion Docket Date 11/14/2011. (Attachments: # 1 Exhibit A: ACLU Billing Records, # 2 Exhibit B: Caddell Billing, # 3 Exhibit C: Bhat Berk Law Billing, # 4 Exhibit D: Correspondence dated February 10, 2011, # 5 Exhibit E: Francisco De Luna Answers to Interrogatories, # 6 Exhibit F: Elizabeth Diaz Answers to Interrogatories, # 7 Proposed Order)(Millin, John) (Entered: 10/21/2011) 1 Exhibit A: ACLU Billing Records View on PACER 2 Exhibit B: Caddell Billing View on PACER 3 Exhibit C: Bhat Berk Law Billing View on PACER 4 Exhibit D: Correspondence dated February 10, 2011 View on PACER 5 Exhibit E: Francisco De Luna Answers to Interrogatories View on PACER 6 Exhibit F: Elizabeth Diaz Answers to Interrogatories View on PACER 7 Proposed Order View on PACER	RECAP
84	Nov. 4, 2011	Unopposed MOTION for Extension of Time Response to Defendants' Motion for Summary Judgment by Francisco De Luna, Elizabeth Diaz, filed. Motion Docket Date 11/25/2011. (Attachments: # 1 Proposed Order)(Whitburn, Mark) (Entered: 11/04/2011) 1 Proposed Order View on PACER	RECAP
85	Nov. 4, 2011	RESPONSE in Opposition to 83 Opposed MOTION to Compel Discovery Responses, filed by Francisco De Luna, Elizabeth Diaz. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Bowie, Courtney) (Entered: 11/04/2011) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Exhibit 5 View on PACER 6 Exhibit 6 View on PACER 7 Exhibit 7 View on PACER 8 Exhibit 8 View on PACER 9 Exhibit 9 View on PACER 10 Exhibit 10 View on PACER	RECAP
86	Nov. 4, 2011	ORDER granting 84 Motion for Extension of Time to File Response to Motion for Summary Judgment by 11/10/2011.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 11/04/2011)	RECAP
87	Nov. 7, 2011	Opposed MOTION Deny Class Certification by Bobby Contreras, Charlie Espinoza, Luis Garza, Hidalgo County, Texas, E. "Speedy" Jackson, Jesus Morales, Ismael Ochoa, Mary Alice Palacios, Gilberto Saenz, Guadalupe Trevino, Rosa E. Trevino, filed. Motion Docket Date 11/28/2011. (Attachments: # 1 Exhibit A, # 2 Exhibit B Part 1, # 3 Exhibit B Part 2, # 4 Exhibit B Part 3, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H)(Hernandez, Jose) (Entered: 11/07/2011) 1 Exhibit A View on PACER 2 Exhibit B Part 1 View on PACER 3 Exhibit B Part 2 View on PACER 4 Exhibit B Part 3 View on PACER 5 Exhibit C View on PACER 6 Exhibit D View on PACER 7 Exhibit E View on PACER 8 Exhibit F View on PACER 9 Exhibit G View on PACER 10 Exhibit H View on PACER	RECAP
88	Nov. 7, 2011	ORDER mooting and denying 83 Motion to Compel and 87 Motion to Compel.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 11/07/2011)	RECAP
89	Nov. 10, 2011	MOTION to Compel Compliance with Court Order( Motion Docket Date 12/1/2011.), MOTION for Discovery, MOTION for Sanctions by Hidalgo County, Texas, filed. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Millin, John) (Entered: 11/10/2011) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER	RECAP
90	Nov. 10, 2011	Cross MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment by Francisco De Luna, Elizabeth Diaz, filed. Motion Docket Date 12/1/2011. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30)(Bowie, Courtney) (Entered: 11/10/2011) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Exhibit 5 View on PACER 6 Exhibit 6 View on PACER 7 Exhibit 7 View on PACER 8 Exhibit 8 View on PACER 9 Exhibit 9 View on PACER 10 Exhibit 10 View on PACER 11 Exhibit 11 View on PACER 12 Exhibit 12 View on PACER 13 Exhibit 13 View on PACER 14 Exhibit 14 View on PACER 15 Exhibit 15 View on PACER 16 Exhibit 16 View on PACER 17 Exhibit 17 View on PACER 18 Exhibit 18 View on PACER 19 Exhibit 19 View on PACER 20 Exhibit 20 View on PACER 21 Exhibit 21 View on PACER 22 Exhibit 22 View on PACER 23 Exhibit 23 View on PACER 24 Exhibit 24 View on PACER 25 Exhibit 25 View on PACER 26 Exhibit 26 View on PACER 27 Exhibit 27 View on PACER 28 Exhibit 28 View on PACER 29 Exhibit 29 View on PACER 30 Exhibit 30 View on PACER	RECAP
91	Nov. 10, 2011	Opposed MOTION to Certify Class by Francisco De Luna, Elizabeth Diaz, filed. Motion Docket Date 12/1/2011. (Attachments: # 1 Proposed Order)(Whitburn, Mark) (Entered: 11/10/2011) 1 Proposed Order View on PACER	RECAP
92	Nov. 10, 2011	MEMORANDUM in Support re: 91 Opposed MOTION to Certify Class by Francisco De Luna, Elizabeth Diaz, filed. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E)(Whitburn, Mark) (Entered: 11/10/2011) 1 Exhibit Exhibit A View on PACER 2 Exhibit Exhibit B View on PACER 3 Exhibit Exhibit C View on PACER 4 Exhibit Exhibit D View on PACER 5 Exhibit Exhibit E View on PACER	RECAP
93	Nov. 11, 2011	PROPOSED ORDER Order Denying Class Certification re: 87 Opposed MOTION Deny Class Certification, filed.(Hernandez, Jose) (Entered: 11/11/2011)	RECAP

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Case Details

State / Territory:

Texas

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 26, 2010

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Young adults jailed in the Hidalgo County Adult Detention Facility for failure to pay fines from school attendance violations

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

County

Hidalgo County

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Other Dockets:

Southern District of Texas 7:10-cv-00268

Available Documents:

Any published opinion

Complaint (any)

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Declaratory Judgment

Source of Relief:

Litigation

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

General/Misc.:

Juveniles

Affected Sex/Gender(s):

Female

Male

Jails, Prisons, Detention Centers, and Other Institutions:

Over/Unlawful Detention (facilities)

Recommended Citation

Case Summary of De Luna v. Hidalgo County, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/11896/ (last updated 3/20/2016).