Case: Yellowquill v. Scott

4:95-cv-01080 | U.S. District Court for the Southern District of Texas

Filed Date: April 13, 1995

Closed Date: Oct. 28, 1998

Clearinghouse coding complete

Case Summary

This is a case about a Native American individual deprived of their right to practice their religion while incarcerated in a Texas prison. On April 13, 1995, a Native American individual incarcerated at the Mountain View Unit (MVU) of the Texas Department of Criminal Justice-Institutional Division (TDCJ-ID) filed this lawsuit in the U.S. District Court for the Southern District of Texas. The plaintiff sued both TDCJ-ID and MVU officials under 42 U.S.C. § 1983, the First Amendment, the Religious Freedom Restoration Act (RFRA), Title VI of the Civil Rights Act, Article 1 of the Texas Constitution and the Texas Tort Claims Act. Filed pro se and later represented by private counsel, the plaintiff sought a declaratory judgment that the defendant’s conduct violated the law, a preliminary injunction, compensatory and punitive damages, attorneys’ fees and any other reasonable relief. She claimed that defendants deprived her of religious items and restricted her participation in the MVU’s weekly sacred pipe ceremony in violation of the law, the primary method by which she could pray and further her beliefs. The items were withheld on the basis that they presented a clear and present danger to prison security, which the plaintiff alleged was inaccurate. Conceding that prison security may nevertheless be a legitimate interest for defendants, the plaintiff claimed the restriction was still illegitimate, because it was greater than necessary to protect that interest.

As litigation progressed, on July 24, 1995, defendants filed a motion for partial dismissal. While the motion was pending before the court, defendants filed another motion on August 7, this time seeking a protective order and to quash some of the plaintiff’s discovery requests. This motion was granted in part and denied in part on October 16, and discovery was stayed pending a qualified immunity assessment for some defendants.

On December 15, the plaintiff filed an amended complaint. Three days later, on December 18, the court granted the defendants’ motion for partial dismissal, and the plaintiff’s claims based on the Texas Tort Act were dismissed. The same day, the court entered a scheduling order setting discovery and other deadlines at various points in 1996.

Discovery proceeded through 1996, and in September 1996, both parties submitted their expert witness lists. Though discovery was scheduled to end the first week of January 1997, the plaintiff filed a motion to continue discovery on January 6, 1997, which was granted, resetting the trial for May 1998. On March 4, the plaintiff filed a motion to dismiss all claims seeking monetary relief from the defendants in their official capacity, which was granted. Claims against two defendants, officials at the TDCJ-ID, were dismissed.

On May 6, 1997, the plaintiff filed a motion for a preliminary injunction, and for a temporary restraining order (TRO) pending a hearing regarding the preliminary injunction. The court granted the TRO on May 27. Defendants were ordered to 1) revoke the restrictions on the plaintiff’s participation in MVU’s sacred pipe ceremony for ten days, and 2) allow the plaintiff to participate in three sacred pipe ceremonies. The court found that the harm to the plaintiff and the plaintiff’s interest in practicing her religion outweighed defendants’ interests in security, as they had alternative, less restrictive methods of punishing her. The plaintiff’s request for a preliminary injunction was denied on the basis that the restrictions placed on the plaintiff’s participation in a weekly sacred pipe ceremony would expire on June 15, 1997. The court found that the plaintiff could not demonstrate irreparable harm after that date, and could request injunctive relief if defendants continued to impose similar restrictions after June 15.

Litigation continued, and on September 9, 1997, the plaintiff filed a second amended complaint. Two months later, on November 5, 1997, the plaintiff filed a second motion for a preliminary injunction, and requested attorneys’ fees a few days later. In an order issued on December 29, the court denied both the plaintiff’s motion for a preliminary injunction and request for attorneys’ fees.

A few weeks later, on January 29, 1998, defendants filed a motion for summary judgment. However, instead of ruling on the motion, the court entered an order of dismissal on May 5, 1998, dismissing the case without prejudice based on representations that an amicable settlement was being negotiated privately between the parties. Reinstatement was allowed within ninety days if final approval of the settlement could not be obtained. After an extension of time was granted, on October 28, 1998, the parties stipulated to dismissal of the case with prejudice and it was dismissed, with all parties to bear their own costs. As is customary with confidential settlements, no settlement papers were filed with the Court and none are referenced on the docket. Litigation following this case suggests that as part of the settlement, the TDCJ’s Chaplaincy Manual was revised to create an exception to the TDCJ tobacco ban for Native American believers at pipe ceremonies. The court granted the order, retaining jurisdiction to enforce the settlement. On October 28, 1998, the plaintiff agreed to a stipulation of dismissal which was granted, and the case was dismissed with prejudice.

This case is closed.

Summary Authors

Simran Takhar (4/3/2023)

People

Judge(s)

Crone, Marcia A. (Texas)

Attorney for Plaintiff

Hoffer, Stewart (Texas)

Tipton, Drew Barnett (Texas)

Attorney for Defendant

Gardner, M. Carol (Texas)

Kraehe, George Christan (New Mexico)

Judge(s)

Crone, Marcia A. (Texas)

Attorney for Plaintiff

Hoffer, Stewart (Texas)

Tipton, Drew Barnett (Texas)

Attorney for Defendant

Gardner, M. Carol (Texas)

Kraehe, George Christan (New Mexico)

Documents in the Clearinghouse

Documents in this case

4:95-cv-01080	Docket	March 17, 2014	March 17, 2014 Docket
1 4:95-cv-01080	Civil Rights Complaint Pursuant to 42 U.S.C., 1983	April 13, 1995	April 13, 1995 Complaint
71 4:95-cv-01080	Order Granting Plaintiff's Motion for Temporary Restraining Order and Denying as Moot Plaintiff's Motion for Preliminary Injunction	May 22, 1997	May 22, 1997 Order/Opinion

show / hide documents

Docket

Last updated March 25, 2025, 8:36 a.m.

ECF Number	Date	Description	Link
1	April 13, 1995	Prisoner Civil Rights Complaint filed; (fmremp) (cfelchak, ). (Entered: 04/13/1995)	Clearinghouse
2	April 13, 1995	MOTION to proceed in forma pauperis by Jolene Yellowquill Motion Docket Date 5/3/95 [2−1] motion , filed. (fmremp) (Entered: 04/13/1995)	PACER
3	April 13, 1995	MOTION for joinder of claims and remedies by Jolene Yellowquill Motion Docket Date 5/3/95 [3−1] motion , filed. (fmremp) (Entered: 04/13/1995)	PACER
4	May 11, 1995	ORDER for Service of Process granting pltf's [2−1] motion to proceed in forma pauperis, entered. Parties ntfd. Clerk to issue summons and the U.S. Marshal shal serve a copy of the complaint and this order upon the defts. Defts to answer within sicty (60) days. ( Signed by Magistrate Judge Marcia A. Crone ) (bchurchill) (Entered: 05/12/1995)	PACER
5	May 11, 1995	ORDER denying pltf's [3−1] motion for joinder of claims and remedies, entered. Parties ntfd. Denied without prejudice to reconsideration at a later time. ( Signed by Magistrate Judge Marcia A. Crone ) (bchurchill) (Entered: 05/12/1995)	PACER
	May 11, 1995	SUMMONS issued for Wayne Scott, Linda Moten, Jerry Groom, Chaplain T Crosby, Stan Cuyler, Glenda Taylor (bchurchill) (Entered: 05/12/1995)	PACER
6	June 2, 1995	RETURN OF SERVICE executed by certified mail as to Wayne Scott 5/23/95 filed Answer due on 6/12/95 for Wayne Scott (bchurchill) (Entered: 06/06/1995)	PACER
7	June 2, 1995	RETURN OF SERVICE executed by certified mail as to Linda Moten 5/24/95 filed Answer due on 6/13/95 for Linda Moten (bchurchill) (Entered: 06/06/1995)	PACER
8	June 2, 1995	RETURN OF SERVICE executed by certified mail as to Chaplain T Crosby 5/24/95 filed Answer due on 6/13/95 for Chaplain T Crosby (bchurchill) (Entered: 06/06/1995)	PACER
9	June 2, 1995	RETURN OF SERVICE executed by certified mail as to Jerry Groom 5/24/95 filed Answer due on 6/13/95 for Jerry Groom (bchurchill) (Entered: 06/06/1995)	PACER
10	June 7, 1995	Return of service unexecuted as to Glenda Taylor , filed (fmremp) (Entered: 06/09/1995)	PACER
11	June 7, 1995	Return of service unexecuted as to Stan Cuyler , filed (fmremp) (Entered: 06/09/1995)	PACER
	June 22, 1995	rec'd letter to Judge re: not wanting hearing in front of a magistrate but a district judge. (bchurchill) (Entered: 06/23/1995)	PACER
12	June 26, 1995	MOTION for appointment of counsel by Jolene Yellowquill , Motion Docket Date 7/16/95 [12−1] motion , filed. (bchurchill) (Entered: 06/29/1995)	PACER
13	July 17, 1995	ANSWER to Complaint by Wayne Scott, Jerry Groom (Added attorney George C Kraehe), filed.; jury demand (bchurchill) (Entered: 07/18/1995)	PACER
14	July 17, 1995	MOTION to compel rule 7(a) reply toanswer and brief in support by Wayne Scott, Jerry Groom, Motion Docket Date 8/6/95 [14−1] motion , filed. (bchurchill) (Entered: 07/18/1995)	PACER
15	July 24, 1995	MOTION for partial dismissal by Wayne Scott, Linda Moten, Jerry Groom, Chaplain T Crosby, Stan Cuyler, Glenda Taylor, Motion Docket Date 8/13/95 [15−1] motion , filed. (bchurchill) (Entered: 07/25/1995)	PACER
16	Aug. 7, 1995	MOTION for partial dismissal by Linda Moten, Motion Docket Date 8/27/95 [16−1] motion , filed. (bchurchill) (Entered: 08/08/1995)	PACER
17	Aug. 7, 1995	MOTION to compel rule 7(a) reply to answer and brief in support by Linda Moten, Motion Docket Date 8/27/95 [17−1] motion , filed. (bchurchill) (Entered: 08/08/1995)	PACER
18	Aug. 7, 1995	ANSWER to Complaint by Linda Moten (Added attorney George C Kraehe), filed.; jury demand (bchurchill) (Entered: 08/10/1995)	PACER
20	Aug. 23, 1995	RESPONSE by Jolene Yellowquill to deft's [17−1] motion to compel rule 7(a) reply to answer and brief in support, deft's [14−1] motion to compel rule 7(a) reply toanswer and brief in support , filed. (bchurchill) (Entered: 08/23/1995)	PACER
	Sept. 15, 1995	Rec'd Consent to proceed before a magistrate Judge and Order of Reference, fwd/crd (bchurchill) (Entered: 09/18/1995)	PACER
21	Oct. 13, 1995	CONSENT to trial by Magistrate and ORDER REFERRING CASE ( Signed by Judge Lynn N. Hughes ) to Magistrate Judge Marcia A. Crone , entered. Parties ntfd. (bchurchill) (Entered: 10/16/1995)	PACER
22	Oct. 16, 1995	ORDER granting defts Scott & Groom's [14−1] motion to compel rule 7(a) reply toanswer and brief in support; granting Moten's [17−1] motion to compel rule 7(a) reply to answer and brief in support Pltf shall file a reply to defts Scott, Groom, & Moten's answers by 11/15/95 , entered; Parties notified. ( signed by Magistrate Judge Marcia A. Crone ) (bchurchill) (Entered: 10/18/1995)	PACER
23	Oct. 16, 1995	ORDER granting in part denying part defts Scott, Groom & Moten's [19−1] motion for protective order; granting in part denying in part defts' Scott, Groom & Moten's [19−2] motion to quash pltf's discovery requests , entered; Parties notified. Discovery in this case is stayed as to defts Scott, Groom, & Moten pending this court's determinatin of their assertin of qualified immunity. ( signed by Magistrate Judge Marcia A. Crone ) (bchurchill) (Entered: 10/18/1995)	PACER
24	Oct. 17, 1995	ORDER granting pltf's [12−1] motion for appointment of counsel, entered; Parties notified. Drew Tipton,, 1301 Mckinney St. Suite 3300, Houston, Tx. 77010, (713) 951−9400 is appointed to represent pltf in this case. Within ten (10) counsel to enter an appearance on pltf's behalf. ( signed by Magistrate Judge Marcia A. Crone ) (bchurchill) (Entered: 10/18/1995)	PACER
25	Oct. 19, 1995	NOTICE of attorney appearance for Jolene Yellowquill w/Order appointing counsel by pltf's, filed (bchurchill) (Entered: 10/20/1995)	PACER
26	Oct. 20, 1995	MOTION to extend time to respond to pending motions or amended complaint by Jolene Yellowquill, Motion Docket Date 11/9/95 [26−1] motion , filed. (bchurchill) (Entered: 10/23/1995)	PACER
27	Oct. 23, 1995	ORDER granting in part defts' & mooting [26−1] motion to extend time to respond to pending motions or amended complaint Response to motion reset to 11/15/95 for [16−1] motion for partial dismissal, reset to 11/15/95 for [15−1] motion for partial dismissal entered; Parties notified. ( signed by Magistrate Judge Marcia A. Crone ) (bchurchill) (Entered: 10/24/1995)	PACER
28	Nov. 9, 1995	UNOPPOSED MOTION for continuance of compliance with the court's orders until 12/1/95 by Jolene Yellowquill, Motion Docket Date 11/29/95 [28−1] motion , filed. (fmremp) (Entered: 11/14/1995)	PACER
29	Nov. 14, 1995	ORDER Pltfs to file Response by 12/1/95 to Defts [16−1] motion for partial dismissal, and [15−1] motion for partial dismissal , Pltf to file reply to Defts answers by 12/1/95 , entered; Parties notified. ( signed by Magistrate Judge Marcia A. Crone ) (fmremp) (Entered: 11/15/1995)	PACER
30	Nov. 15, 1995	MOTION to compel rule 7(a) reply to answer and brief in support by Chaplain T Crosby, Motion Docket Date 12/5/95 [30−1] motion , filed. (bchurchill) (Entered: 11/17/1995)	PACER
31	Nov. 15, 1995	ANSWER to Complaint by Chaplain T Crosby (Added attorney ), filed.; jury demand (bchurchill) (Entered: 11/17/1995)	PACER
32	Nov. 15, 1995	MOTION for partial dismissal by Chaplain T Crosby, Motion Docket Date 12/5/95 [32−1] motion , filed. (bchurchill) (Entered: 11/17/1995)	PACER
33	Nov. 30, 1995	SECOND MOTION for continuance to comply with court orders by Jolene Yellowquill, Motion Docket Date 12/20/95 [33−1] motion , filed. (bchurchill) (Entered: 12/01/1995)	PACER
39	Dec. 15, 1995	Pltf's UNOPPOSED MOTION for leave to file Amended Complaint by Jolene Yellowquill, Motion Docket Date 1/4/96 [39−1] motion , filed. (ejones) (Entered: 12/20/1995)	PACER
40	Dec. 15, 1995	AMENDED COMPLAINT by Jolene Yellowquill , (Answer due 12/25/95 for Glenda Taylor, for Stan Cuyler, for Chaplain T Crosby, for Jerry Groom, for Linda Moten, for Wayne Scott ) amending [1−1] complaint adding Jolene Yellowquill, Tx Dept Cr Justice, Wayne Scott, Linda Moten, Sr Warden, Jerry Groom, filed. (ejones) (Entered: 12/20/1995)	PACER
41	Dec. 15, 1995	RESPONSE by Jolene Yellowquill to Deft's [32−1] motion for partial dismissal , filed. (ejones) (Entered: 12/20/1995)	PACER
42	Dec. 15, 1995	REPLY to the Individual Defts [31−1] answer, [18−1] answer, [13−1] answer, by Jolene Yellowquill , filed. (fmremp) (Entered: 12/20/1995)	PACER
43	Dec. 15, 1995	Minute entry: Scheduling Conf held; App: Tipton and Kraehe. Set Schedule. terminated deadlines (fmremp) (Entered: 12/26/1995)	PACER
35	Dec. 18, 1995	ORDER granting Defts [32−1] motion for partial dismissal ; granting [16−1] motion for partial dismissal and granting [15−1] motion for partial dismissal , entered; Parties notified. Yellowquill's claims based on the Texas Tort Claims Act are DISMISSED. ( signed by Magistrate Judge Marcia A. Crone ) (fmremp) (Entered: 12/19/1995)	PACER
36	Dec. 18, 1995	ORDER: In view of Yellowquill's filing of her Rule 7(a) Reply on 12/15/95, Deft Crosby's [30−1] motion to compel rule 7(a) reply to answer is MOOT, entered; Parties notified. ( signed by Magistrate Judge Marcia A. Crone ) (fmremp) (Entered: 12/19/1995)	PACER
37	Dec. 18, 1995	SCHEDULING ORDER setting Joining of parties by 3/1/96;, amending of pleadings 11/1/96 ; Pltfs Expert witness list submitted by 9/1/96 ; Defts Expert witness list submitted by 10/1/96; Discovery cutoff 1/1/97 ; Deadline for filing all dispositive motions 2/1/97 ; Deadline for filing non−dispositive motions 2/1/97 ; Pretrial order to be submitted on or before 4/11/97 ; Trial setting for 10:00 5/1/97 ; final pretrial conference for 10:00 4/30/97 , Parties notified. ETT: 12 days/Jury ; ( Signed by Magistrate Judge Marcia A. Crone ) (fmremp) (Entered: 12/19/1995)	PACER
38	Dec. 18, 1995	ORDER , entered; Parties notified. Pltfs Motion For Leave to File An Amended Complaint is GRANTED. ( signed by Magistrate Judge Marcia A. Crone ) (fmremp) (Entered: 12/20/1995)	PACER
44	Sept. 3, 1996	UNOPPOSED MOTION for extension of designate experts deadlines by Jolene Yellowquill, Motion Docket Date 9/23/96 [44−1] motion , filed. (hlerma) (Entered: 09/05/1996)	PACER
45	Sept. 3, 1996	NOTICE OF DESIGNATION by Wayne Scott, Linda Moten, Jerry Groom, Chaplain T Crosby designating Marjolyn Carol Healy as attorney in charge, filed. (bchurchill) (Entered: 09/05/1996)	PACER
46	Sept. 8, 1996	ORDER granting pltf's [44−1] motion for extension of designate experts deadlines reset pltf's expert witness list due for 9/16/96 , entered; Parties notified. ( signed by Magistrate Judge Marcia A. Crone ) (bchurchill) (Entered: 09/10/1996)	PACER
47	Sept. 16, 1996	DESIGNATION OF EXPERT WITNESS LIST by Jolene Yellowquill filed. (bchurchill) (Entered: 09/17/1996)	PACER
48	Sept. 30, 1996	DESIGNATION OF EXPERT WITNESS LIST by Wayne Scott, Linda Moten, Jerry Groom, Chaplain T Crosby filed. (bchurchill) (Entered: 10/01/1996)	PACER
49	Jan. 6, 1997	MOTION for continuance , or alternatively for extension of discovery deadlines by Jolene Yellowquill, Motion Docket Date 1/26/97 [49−1] motion, 1/26/97 [49−2] motion , filed. (bchurchill) (Entered: 01/07/1997)	PACER
51	Jan. 7, 1997	ORDER granting pltf's [50−1] motion to substitute attorney Added Stewart Hoffer entered; Parties notified. ( signed by Magistrate Judge Marcia A. Crone ) (bchurchill) (Entered: 01/08/1997)	PACER
52	Jan. 8, 1997	ORDER granting Parties [49−1] motion for continuance and granting [49−2] motion for extension of discovery deadlines , entered; Parties notified. All further proceedings are governed by the Amended Scheduling Order signed 1/8/97. ( signed by Magistrate Judge Marcia A. Crone ) (psmith) (Entered: 01/10/1997)	PACER
53	Jan. 8, 1997	AMENDED SCHEDULING ORDER setting Joining of parties, amending of pleadings 9/1/97 ; Discovery cutoff 11/1/97 ; Deadline for filing non−dispositive motions 2/1/98 ; Pretrial order to submitted on or before 5/8/98 ; Trial date deadline 9:30 6/1/98 ; final pretrial conference for 2:00 5/29/98 , entered. Parties notified. ETT: 9 days/Jury ; ( Signed by Magistrate Judge Marcia A. Crone ) (psmith) (Entered: 01/10/1997)	PACER
54	Feb. 10, 1997	Unopposed MOTION to obt ain leave of court to depose the plaintiff by Jerry Groom, Linda Moten, Sr Warden, Wayne Scott, Chaplain T Crosby, Motion Docket Date 3/2/97 [54−1] motion , filed. (fmremp) (Entered: 02/12/1997)	PACER
55	Feb. 14, 1997	ORDER granting [54−1] defendants' motion to obtain leave of court to depose the plaintiff , entered; Parties notified. ( signed by Magistrate Judge Marcia A. Crone ) (fmremp) (Entered: 02/18/1997)	PACER
56	Feb. 20, 1997	Unoppopsed MOTION to obtain leave to depose pltf by Jerry Groom, Linda Moten, Sr Warden, Wayne Scott, and Chaplain T Crosby, Motion Docket Date 3/12/97 motion , filed. (fmremp) (Entered: 02/24/1997)	PACER
57	March 4, 1997	Unopposed MOTION to dismiss claims with prejudice under Fed.R.Civ.P. 41(a)(2) by Jolene Yellowquill, Motion Docket Date 3/24/97 [57−1] motion , filed. (fmremp) (Entered: 03/05/1997)	PACER
58	March 6, 1997	NOTICE by Chaplain T Crosby, Jerry Groom, Linda Moten, Wayne Scott to take deposition of Jolene Yellowquill 4/10/97, filed. (fmremp) (Entered: 03/07/1997)	PACER
59	March 7, 1997	ORDER granting [57−1] motion to dismiss claims with prejudice under Fed.R.Civ.P. 41(a)(2) , entered; Plaintiff's claims seeking monetary relief from all dfts in their official capacities are dismissed. All claims against dfts Taylor and Cuyler are dismissed. Parties notified. ( signed by Magistrate Judge Marcia A. Crone ) (fmremp) (Entered: 03/10/1997)	PACER
60	March 10, 1997	INITIAL DISCLOSURE pursuant to Order for Accelerated Discovery by Wayne Scott, Linda Moten, Sr Warden, Jerry Groom, Chaplain T Crosby , filed. (fmremp) (Entered: 03/11/1997)	PACER
61	March 12, 1997	ORDER mooting [56−1] defendants' motion to obtain leave to depose pltf , entered; Parties notified. ( signed by Magistrate Judge Marcia A. Crone ) (fmremp) (Entered: 03/13/1997)	PACER
62	April 10, 1997	NOTICE by Wayne Scott, Chaplain T Crosby, Jerry Groom, Linda Moten to take deposition of Jolene Yellowquill 06/06/97, filed. (ltien) (Entered: 04/14/1997)	PACER
63	May 6, 1997	MOTION for preliminary injunction , and for temporary restraining order pending hearing on motion for preliminary injunction by Jolene Yellowquill, Motion Docket Date 5/26/97 [63−1] motion, 5/26/97 [63−2] motion , filed. (fmremp) (Entered: 05/06/1997)	PACER
64	May 6, 1997	APPENDIX of evidence by Jolene Yellowquill in support of [63−1] motion for preliminary injunction, [63−2] motion for temporary restraining order pending hearing on motion for preliminary injunction , filed. (fmremp) (Entered: 05/06/1997)	PACER
65	May 9, 1997	ORDER: Motion hearing set for 3:00 5/23/97 for [63−1] motion for preliminary injunction, set for 3:00 5/23/97 for [63−2] motion for temporary restraining order pending hearing on motion for preliminary injunction , entered; Parties notified. ( signed by Magistrate Judge Marcia A. Crone ) (fmremp) (Entered: 05/09/1997)	PACER
67	May 22, 1997	NOTICE OF Supplemental DISCLOSURE by Chaplain T Crosby, Jerry Groom, Linda Moten, Wayne Scott , filed. (fmremp) (Entered: 05/22/1997)	PACER
71	May 22, 1997	ORDER granting pltf's [63−2] motion for temporary restraining order pending hearing on motion for preliminary injunction; denying as moot pltf's [63−1] motion for preliminary injunction; granting pltf's [69−2] supplemental motion for temporary restraining order pending hearing on motion for preliminary injunction; denying as moot pltf's [69−1] motion for preliminary injunction , entered; Parties notified. ( signed by Magistrate Judge Marcia A. Crone ) (ltien) (Entered: 05/27/1997)	Clearinghouse
68	May 23, 1997	RESPONSE by Chaplain T Crosby, Jerry Groom, Linda Moten, Wayne Scott in opposition to plaintiff's [63−1] motion for preliminary injunction with brief in support, filed (fmremp) (Entered: 05/23/1997)	PACER
69	May 23, 1997	Supplemental MOTION for preliminary injunction , and for temporary restraining order pending hearing on motion for preliminary injunction by Jolene Yellowquill, Motion Docket Date 6/12/97 [69−1] motion, 6/12/97 [69−2] motion , filed. (fmremp) (Entered: 05/23/1997)	PACER
70	May 23, 1997	APPENDIX of evidence by Jolene Yellowquill in support of plaintiff's [69−1] motion for preliminary injunction, [69−2] motion for temporary restraining order pending hearing on motion for preliminary injunction , filed. (fmremp) (Entered: 05/23/1997)	PACER
72	May 23, 1997	Minute entry: HEARING held on 5/23/97. Apps: Hoffer f/pltf; Healy and Ray f/deft. TRO granted. Order to follow. terminated deadlines Ct Reporter: ERO (psmith) (Entered: 05/28/1997)	PACER
73	May 27, 1997	WRIT of habeas corpus ad testificandum returned executed, filed. (fmremp) (Entered: 05/28/1997)	PACER
74	June 6, 1997	NOTICE by Defts Jerry Groom, Linda Moten, Sr Warden, Wayne Scott to take oral deposition of Jolene Yellowquill 7/2/97 at 1:00 PM at TDC, Mountain View Unit, Gatesville, TX, filed. (fmremp) (Entered: 06/09/1997)	PACER
75	July 2, 1997	MOTION to dismiss by Jolene Yellowquill, Motion Docket Date 7/22/97 [75−1] motion , filed. (fmremp) (Entered: 07/03/1997)	PACER
76	July 13, 1997	ORDER granting pltf's [75−1] motion to dismiss; dismisses without prejudice. , entered; Parties notified. ( signed by Magistrate Judge Marcia A. Crone ) (fmremp) (Entered: 07/15/1997)	PACER
77	Sept. 9, 1997	UNOPPOSED MOTION for leave to file second amended complaint by Jolene Yellowquill, Motion Docket Date 9/29/97 [77−1] motion , filed. (ltien) (Entered: 09/09/1997)	PACER
78	Sept. 9, 1997	SECOND AMENDED COMPLAINT by Jolene Yellowquill , (Answer due 9/19/97 for Wayne Scott, et al ) amending [1−1] complaint , filed. (ltien) (Entered: 09/09/1997)	PACER
79	Sept. 11, 1997	ORDER granting pltf's [77−1] motion for leave to file second amended complaint , entered; Parties notified. ( signed by Magistrate Judge Marcia A. Crone ) (ltien) (Entered: 09/11/1997)	PACER
80	Sept. 19, 1997	SECOND AMENDED ANSWER to Complaint by Wayne Scott, Linda Moten, Jerry Groom, Chaplain T Crosby : amends [13−1], [18−1] and [31−1] answers , filed.; jury demand (ltien) (Entered: 09/19/1997)	PACER
81	Nov. 5, 1997	SECOND MOTION for preliminary injunction by Jolene Yellowquill, Motion Docket Date 11/25/97 [81−1] motion , filed. (ltien) (Entered: 11/06/1997)	PACER
81	Nov. 5, 1997	REQUEST by Jolene Yellowquill for attorney's fees , filed. (ltien) (Entered: 11/06/1997)	PACER
	Nov. 6, 1997	Rec'd and fwd to CRD: proposed order granting pltf's second motion for preliminary injunction (ltien) (Entered: 11/06/1997)	PACER
82	Nov. 26, 1997	UNOPPOSED MOTION for leave to file of court to file first supplemental designation of expert witnesses , by Wayne Scott, Linda Moten, Jerry Groom, Chaplain T Crosby,	PACER
84	Nov. 26, 1997	RESPONSE by Wayne Scott, Linda Moten, Jerry Groom, Chaplain T Crosby in opposition to Plts Second [81−1] motion for preliminary injunction , filed (psmith) (Entered: 11/26/1997)	PACER
85	Nov. 26, 1997	ORDER granting defts Scott, Moten, Groom and Crosby's [82−1] motion for leave to file of court to file first supplemental designation of expert witnesses , entered; Parties notified. ( signed by Magistrate Judge Marcia A. Crone ) (ltien) (Entered: 12/01/1997)	PACER
86	Dec. 4, 1997	ORDER; Motion hearing set for 2:00 12/29/97 for pltf's [81−1] second motion for preliminary injunction , entered; Parties notified. ( signed by Magistrate Judge Marcia A. Crone ) (ltien) (Entered: 12/04/1997)	PACER
	Dec. 5, 1997	WRIT of Habeas Corpus Ad Testificandum issued for appearance of Jolene Yellowquill on 12/29/97 at 2:00. (ltien) (Entered: 12/08/1997)	PACER
87	Dec. 29, 1997	ORDER denying pltf's [81−1] motion for preliminary injunction and [81−1] request for attorney's fees, entered; Parties notified. ( signed by Magistrate Judge Marcia A. Crone ) (ltien) (Entered: 12/30/1997)	PACER
88	Dec. 29, 1997	Minute entry: TRO hearing held on 12/29/97. Apps: Hoffer and Johns f/pltf; Healy and Haney f/deft. Pltf's [81−1] motion for preliminary injunction is DENIED. Order to be entered. (ltien) (Entered: 12/30/1997)	PACER
89	Dec. 29, 1997	Pltf's Witness list by Jolene Yellowquill, filed (ltien) (Entered: 12/30/1997)	PACER
90	Dec. 29, 1997	Defts' Witness list by Wayne Scott, et al filed (ltien) (Entered: 12/30/1997)	PACER
91	Dec. 29, 1997	Pltf's Exhibit list by Jolene Yellowquill, filed (ltien) (Entered: 12/30/1997)	PACER
92	Dec. 29, 1997	Defts' Exhibit list by Wayne Scott, et al filed (ltien) (Entered: 12/30/1997)	PACER
93	Dec. 30, 1997	WRIT of habeas corpus ad testificandum returned executed as to Jolene Yellowquill, filed. (ltien) (Entered: 12/30/1997)	PACER
94	Jan. 21, 1998	TRANSCRIPT OF PROCEEDINGS of TEMPORARY RESTRAINING ORDER HEARING for dates of 12/29/97 before Magistrate Judge Marcia A Crone , filed. Volume 1 of II. ( Court Rptr: Brent Laswell) (ltien) (Entered: 01/23/1998)	PACER
95	Jan. 21, 1998	TRANSCRIPT OF PROCEEDINGS of TEMPORARY RESTRAINING ORDER HEARING for dates of 12/29/97 before Magistrate Judge Marcia A Crone , filed. Volume II of II. ( Court Rptr: Brent Laswell) (ltien) (Entered: 01/23/1998)	PACER
96	Jan. 21, 1998	TRANSCRIPT OF PROCEEDINGS of TEMPORARY RESTRAINING ORDER HEARING−excludes testimonies of Gary Johnson by Hoffer, testimony of Chaplain Crosby and Pamela Baggett− for dates of 5/23/97 before Magistrate Judge Marcia A Crone , filed. ( Court Rptr: Yvonne Draker) (ltien) (Entered: 01/23/1998)	PACER
98	Jan. 27, 1998	ORDER; pltf may file a supplemental expert witness designation and report by 2/6/98; deft may do so by 2/13/98 ; defts may file a supplement to their motion for summary judgment by 2/16/98 , entered; pltf shall file a response to defts' motion for summary judgment and any supplement thereto by 2/23/98. Parties notified. ( signed by Magistrate Judge Marcia A. Crone ) (ltien) (Entered: 01/29/1998)	PACER
97	Jan. 28, 1998	NOTICE OF Second Supplemental DISCLOSURE by Wayne Scott, Linda Moten, Jerry Groom, Chaplain T Crosby , filed. (ltien) (Entered: 01/28/1998)	PACER
99	Jan. 29, 1998	MOTION for leave to file motion for summary judgment in excess of twenty pages by Wayne Scott, Linda Moten, Jerry Groom, Chaplain T Crosby, Motion Docket Date 2/18/98 [99−1] motion , filed. (ltien) (Entered: 01/29/1998)	PACER