Case: Miller v. Bexar County Texas

5:23-cv-00085 | U.S. District Court for the Western District of Texas

Filed Date: Jan. 24, 2023

Closed Date: March 25, 2024

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Case Summary

This is a lawsuit alleging that for many years, detainees in Bexar County, Texas, were held for extended periods after posting bail, despite being entitled to release. On January 24, 2023, the Plaintiff, who had himself been held after posting bail, filed this putative class action lawsuit against Bexar County Jail, alleging violations of court orders mandating the release of detainees upon posting bail. The lawsuit was filed in the U.S. District Court for the Western District of Texas and ass…

This is a lawsuit alleging that for many years, detainees in Bexar County, Texas, were held for extended periods after posting bail, despite being entitled to release.

On January 24, 2023, the Plaintiff, who had himself been held after posting bail, filed this putative class action lawsuit against Bexar County Jail, alleging violations of court orders mandating the release of detainees upon posting bail. The lawsuit was filed in the U.S. District Court for the Western District of Texas and assigned to Judge Orlando L. Garcia. On March 7, 2023, the Plaintiff filed an amended complaint adding another individual Plaintiff to the lawsuit. The individual plaintiffs sought to represent a class of similarly situated individuals who (a) were detained in the Bexar County Jail; (b) received a judicial ordered fixing bail; (c) posted bail; and (d) were not released from County custody within a reasonable time after said bail was posted on their behalf. They sought class certification, declaratory relief, compensatory damages, attorneys’ fees, and any additional injunctive relief deemed appropriate by the court. Plaintiffs were represented by private counsel.

Plaintiffs alleged that the County intentionally confined them for an unreasonable amount of time after bail was posted. They argued that this violated their Fourth, Fifth, Eight, and Fourteenth Amendment rights. Specifically, plaintiffs claimed that over-detaining a presumptively innocent criminal defendant who has posted or sought to post bail is an unreasonable seizure and a deprivation of liberty without due process and thus violates the Fourth and Fourteenth Amendments to the United States Constitution.

The County filed a motion to dismiss plaintiffs’ amended complaint on February 13, 2023. It argued that the Plaintiffs did not allege sufficient facts to establish municipal liability.

On March 25, 2024, the Court granted the County’s motion to dismiss for failure to state a claim. The case is now closed.

Summary Authors

Renuka Wagh (10/28/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/66754146/parties/miller-v-bexar-county-texas/

Judge(s)

Garcia, Orlando Luis (Texas)

Attorney for Plaintiff

Major, Abasi Daudi (Texas)

Attorney for Defendant

Piatt, Robert William (Texas)

Judge(s)

Garcia, Orlando Luis (Texas)

Attorney for Plaintiff

Major, Abasi Daudi (Texas)

Attorney for Defendant

Piatt, Robert William (Texas)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 5:23-cv-00085	CLASS ACTION COMPLAINT	Jan. 24, 2023	Jan. 24, 2023 Complaint
8 5:23-cv-00085	First Amended Class Action Complaint	March 7, 2023	March 7, 2023 Complaint
10 5:23-cv-00085	Bexar County's Motion to Dismiss Plaintiffs' First Amended Complaint	March 29, 2023	March 29, 2023 Pleading / Motion / Brief
15 5:23-cv-00085	Second Amended Class Action Complaint Jury Trial Demanded	May 16, 2023	May 16, 2023 Complaint
22 5:23-cv-00085	Bexar County’s Reply in Support of Motion to Dismiss Plaintiffs’ Second Amended Complaint	June 20, 2023	June 20, 2023 Pleading / Motion / Brief
34 5:23-cv-00085	Bexar County’s Response to Plaintiffs’ Motion to Modify Scheduling Order	Feb. 20, 2024	Feb. 20, 2024 Pleading / Motion / Brief
36 5:23-cv-00085	Order	March 26, 2024	March 26, 2024 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/66754146/miller-v-bexar-county-texas/

Last updated April 14, 2026, 5:37 a.m.

ECF Number	Date	Description	Link
1	Jan. 24, 2023	COMPLAINT Class Action Complaint ( Filing fee $ 402 receipt number ATXWDC-16998956), filed by Michael Miller. (Attachments: # 1 Civil Cover Sheet)(Major, Abasi) (Entered: 01/24/2023) 1 Civil Cover Sheet View on RECAP	Clearinghouse
2	Jan. 24, 2023	REQUEST FOR ISSUANCE OF SUMMONS by Michael Miller. (Major, Abasi) (Entered: 01/24/2023)	RECAP
3	Jan. 24, 2023	Summons Issued as to Bexar County Texas. (nm) (Entered: 01/24/2023)	RECAP
	Jan. 24, 2023	Case assigned to Judge Orlando L. Garcia. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (nm)
	Jan. 24, 2023	If ordered by the court, all referrals will be assigned to Magistrate Judge Farrer (nm)
	Jan. 24, 2023	Case Assigned/Reassigned
	Jan. 24, 2023	To be Referred to SA Mag Judge
4	Jan. 25, 2023	SUMMONS Returned Executed by Michael Miller. All Defendants. (Major, Abasi) (Entered: 01/25/2023)	RECAP
5	Feb. 13, 2023	*STRICKEN PER COURT ORDER 6 DATED 2/16/2023* Motion to Dismiss for Failure to State a Claim by Bexar County Texas. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Piatt, Robert) Modified on 2/17/2023 (nm). (Entered: 02/13/2023)	RECAP
6	Feb. 16, 2023	ORDER STRIKING 5 Motion to Dismiss for Failure to State a Claim Signed by Judge Orlando L. Garcia. (nm) (Entered: 02/17/2023)	RECAP
7	Feb. 28, 2023	ADVISORY TO THE COURT by Michael Miller regarding Plaintiff's Intention to file an amended complaint. (Major, Abasi) (Entered: 02/28/2023)	RECAP
8	March 7, 2023	AMENDED COMPLAINT against Bexar County Texas amending, filed by Michael Miller, Adriana Genevieve Perez.(Major, Abasi) (Entered: 03/07/2023)	Clearinghouse
9	March 22, 2023	Unopposed MOTION for Extension of Time to File Answer re 8 Amended Complaint by Bexar County Texas. (Attachments: # 1 Proposed Order)(Piatt, Robert) (Entered: 03/22/2023)	RECAP
	March 23, 2023	Order on Motion for Extension of Time to Answer
	March 23, 2023	Text Order GRANTING 9 Unopposed MOTION for Extension of Time to File Answer re 8 Amended Complaint. Accordingly, it is ORDERED that Bexar County shall file its responsive pleading to Plaintiffs First Amended Complaint on or before March 29, 2023 entered by Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.)
10	March 29, 2023	Motion to Dismiss for Failure to State a Claim Plaintiffs' First Amended Complaint (Docket No. 8) by Bexar County Texas. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Piatt, Robert) (Entered: 03/29/2023)	Clearinghouse
	April 10, 2023	Order
	April 10, 2023	TEXT ORDER re 10 Motion to Dismiss for Failure to State a Claim was filed without a certificate of conference. If the certificate of conference is not filed by Wednesday, April 12, 2023, Defendants Motion will be stricken. Signed by Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (pt)
11	April 12, 2023	SUPPLEMENT to 10 Motion to Dismiss for Failure to State a Claim Plaintiffs' First Amended Complaint (Docket No. 8) Certificate of Conference by Bexar County Texas. (Piatt, Robert) (Entered: 04/12/2023)	RECAP
12	April 20, 2023	ORDER Striking Pleading 10 Motion to Dismiss for Failure to State a Claim Plaintiffs' First Amended Complaint (Docket No. 8) Defendant shall not re-file its Rule 12(b)(6) motion until after it has conferred with Plaintiff regarding the alleged deficiencies in his pleading. Signed by Judge Orlando L. Garcia. (wg) (Entered: 04/21/2023)	RECAP
13	May 4, 2023	Order for Scheduling Recommendations/Proposed Scheduling Order. Scheduling recommendations/proposed scheduling order due to the Court within FORTY FIVE (45) days of the filing of this Order., Notice of right to consent to disposition of a civil case by a U.S. Magistrate Judge. Signed by Judge Orlando L. Garcia. (wg) (Entered: 05/05/2023)	RECAP
14	May 16, 2023	ADVISORY TO THE COURT by Michael Miller, Adriana Genevieve Perez . (Major, Abasi) (Entered: 05/16/2023)	RECAP
15	May 16, 2023	AMENDED COMPLAINT Second Amended Class Action Complaint against All Defendants amending, filed by Adriana Genevieve Perez, Michael Miller.(Major, Abasi) (Entered: 05/16/2023)	Clearinghouse
16	May 30, 2023	Motion to Dismiss for Failure to State a Claim Second Amended Complaint by Bexar County Texas. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Piatt, Robert) (Entered: 05/30/2023)	Clearinghouse
17	June 13, 2023	Response in Opposition to Motion, filed by Michael Miller, Adriana Genevieve Perez, re 16 Motion to Dismiss for Failure to State a Claim Second Amended Complaint filed by Defendant Bexar County Texas (Major, Abasi) (Entered: 06/13/2023)	RECAP
18	June 20, 2023	Scheduling Recommendations/Proposed Scheduling Order by Michael Miller, Adriana Genevieve Perez. (Major, Abasi) (Entered: 06/20/2023)	RECAP
19	June 20, 2023	NON-CONSENT to Trial by US Magistrate Judge by Michael Miller, Adriana Genevieve Perez. (Major, Abasi) (Entered: 06/20/2023)	RECAP
20	June 20, 2023	Proposed Scheduling Order - agreed by the parties except as to one issue by Bexar County Texas. (Piatt, Robert) (Entered: 06/20/2023)	RECAP
21	June 20, 2023	CONSENT to Trial by US Magistrate Judge by Bexar County Texas. (Piatt, Robert) (Entered: 06/20/2023)	RECAP
22	June 20, 2023	REPLY to Response to Motion, filed by Bexar County Texas, re 16 Motion to Dismiss for Failure to State a Claim Second Amended Complaint filed by Defendant Bexar County Texas (Piatt, Robert) (Entered: 06/20/2023)	Clearinghouse
23	June 29, 2023	SCHEDULING ORDER: Pretrial Conference set for 7/31/2024 10:30 AM before Judge Orlando L. Garcia, Jury Selection and Trial set for 8/5/2024 9:30AM before Judge Orlando L. Garcia, ADR Report Deadline due by 8/28/2023, ADR Mediation Completed by 4/2/2024, Amended Pleadings due by 9/11/2023, Discovery due by 2/13/2024, Joinder of Parties due by 9/11/2023, Dispositive Motions due by 3/13/2024,. Signed by Judge Orlando L. Garcia. (nm) (Entered: 06/30/2023)	RECAP
24	Aug. 28, 2023	ADR Report Filed - Joint Report Regarding Mediation by Bexar County Texas(Piatt, Robert) (Entered: 08/28/2023)	RECAP
25	Oct. 12, 2023	Opposed MOTION to Compel Interrogatory Responses by Michael Miller, Adriana Genevieve Perez. (Attachments: # 1 Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Major, Abasi) (Entered: 10/12/2023)	RECAP
26	Oct. 19, 2023	Response in Opposition to Motion, filed by Bexar County Texas, re 25 Opposed MOTION to Compel Interrogatory Responses filed by Plaintiff Adriana Genevieve Perez, Plaintiff Michael Miller (Attachments: # 1 Exhibit A)(Piatt, Robert) (Entered: 10/19/2023)	RECAP
27	Dec. 4, 2023	NOTICE of Withdrawl of Plaintiffs' Motion to Compel (D.E. 25) by Michael Miller, Adriana Genevieve Perez (Major, Abasi) (Entered: 12/04/2023)	RECAP
	Dec. 4, 2023	Order on Motion to Compel
	Dec. 4, 2023	Text Order MOOTING 25 Motion to Compel entered by Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tm2)
28	Jan. 30, 2024	Opposed MOTION to Compel Recertification Discovery Relevant to Numerosity, Commonality of Issues, Typicality and Adequacy by Michael Miller, Adriana Genevieve Perez. (Attachments: # 1 Exhibit 1, # 2 Proposed Order Proposed Order Granting Motion to Compel)(Major, Abasi) (Entered: 01/30/2024)	RECAP
29	Feb. 6, 2024	MOTION to Compel Discovery Responses by Bexar County Texas. (Attachments: # 1 Exhibit A - Requests for Production to Plaintiff Adriana Perez, # 2 Exhibit B - Plaintiff Miller's Production Responses, # 3 Proposed Order)(Piatt, Robert) (Entered: 02/06/2024)	RECAP
30	Feb. 6, 2024	Response in Opposition to Motion, filed by Bexar County Texas, re 28 Opposed MOTION to Compel Recertification Discovery Relevant to Numerosity, Commonality of Issues, Typicality and Adequacy filed by Plaintiff Adriana Genevieve Perez, Plaintiff Michael Miller (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Proposed Order)(Piatt, Robert) (Entered: 02/06/2024)	RECAP
31	Feb. 12, 2024	Opposed MOTION to Compel 30(b)(6) Deposition of Bexar County by Michael Miller, Adriana Genevieve Perez. (Attachments: # 1 Exhibit 1 (Corp Rep Deposition Notice Conference Copy), # 2 Proposed Order Proposed Order Granting Relief)(Major, Abasi) (Entered: 02/12/2024)	RECAP
32	Feb. 13, 2024	Opposed MOTION to Extend Scheduling Order Deadlines by Michael Miller, Adriana Genevieve Perez. (Attachments: # 1 Proposed Order Proposed Order Granting Relief)(Major, Abasi) (Entered: 02/13/2024)	RECAP
33	Feb. 20, 2024	Defendant's Response in Opposition to Motion, filed by Bexar County Texas, re 31 Opposed MOTION to Compel 30(b)(6) Deposition of Bexar County filed by Plaintiff Adriana Genevieve Perez, Plaintiff Michael Miller (Attachments: # 1 Exhibit A)(Piatt, Robert) (Entered: 02/20/2024)	RECAP
34	Feb. 20, 2024	Defendant's Response in Opposition to Motion, filed by Bexar County Texas, re 32 Opposed MOTION to Extend Scheduling Order Deadlines filed by Plaintiff Adriana Genevieve Perez, Plaintiff Michael Miller (Piatt, Robert) (Entered: 02/20/2024)	Clearinghouse
	Feb. 22, 2024	Order on Motion to Extend Scheduling Order Deadlines
	Feb. 22, 2024	Order on Motion to Compel
	Feb. 22, 2024	Text Order REFERRING 28 Motion to Compel to Magistrate Judge Richard B. Farrer. Entered by Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nm)
	Feb. 22, 2024	Text Order REFERRING 29 Motion to Compel to Magistrate Judge Richard B. Farrer. Entered by Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nm)
	Feb. 22, 2024	Text Order REFERRING 31 Motion to Compel to Magistrate Judge Richard B. Farrer. Entered by Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nm)
	Feb. 22, 2024	Text Order REFERRING 32 Motion to Extend Scheduling Order Deadlines to Magistrate Judge Richard B. Farrer. Entered by Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nm)
	Feb. 23, 2024	Motions Referred
	Feb. 23, 2024	MOTION REFERRED: referred 28 Opposed MOTION to Compel Recertification Discovery Relevant to Numerosity, Commonality of Issues, Typicality and Adequacy, 32 Opposed MOTION to Extend Scheduling Order Deadlines, 31 Opposed MOTION to Compel 30(b)(6) Deposition of Bexar County, 29 MOTION to Compel Discovery Responses. Referral Judge: Richard B. Farrer. (mgr)
35	March 13, 2024	ADVISORY TO THE COURT by Bexar County Texas . (Piatt, Robert) (Entered: 03/13/2024)	RECAP
36	March 25, 2024	ORDER GRANTING re 16 Motion to Dismiss for Failure to State a Claim Second Amended Complaint filed by Bexar County Texas, DISMISSED 15 Amended Complaint filed by Adriana Genevieve Perez, Michael Miller, This case is hereby CLOSED. Signed by Judge Orlando L. Garcia. (wg) (Entered: 03/26/2024)	RECAP
37	March 25, 2024	CLERK'S JUDGMENT (wg) (Entered: 03/26/2024)	RECAP

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Case Details

State / Territory:

Texas

Case Type(s):

Jail Conditions

Criminal Justice (Other)

Key Dates

Filing Date: Jan. 24, 2023

Closing Date: March 25, 2024

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A former pre-trial detainee in the Bexar County jail who was held in jail for an additional three days after having paid his bond.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

State

Bexar County

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Procedural Due Process

Excessive Bail/Fines

Takings

Unreasonable search and seizure

Other Dockets:

Western District of Texas 5:23-cv-00085

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

General/Misc.:

Fines/Fees/Bail/Bond

Jails, Prisons, Detention Centers, and Other Institutions:

Over/Unlawful Detention (facilities)

Policing:

False arrest

Recommended Citation

Case Summary of Miller v. Bexar County Texas, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/44025/ (last updated 10/28/2024).