Case: Wagner v. Harris County, Texas

4:23-cv-02886 | U.S. District Court for the Southern District of Texas

Filed Date: Aug. 7, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

On August 7, 2023, this case was brought in the U.S. District Court for the Southern District of Texas on behalf of 27 pre-trial detainees who had either died or suffered severe injuries in the Harris County Jail. Represented by private counsel, the plaintiffs—who were relatives of the detainees—alleged that defendant Harris County and its policy-makers were aware of unconstitutional conditions at the Harris County Jail, and that damages were caused by their deliberately indifferent policies an…

On August 7, 2023, this case was brought in the U.S. District Court for the Southern District of Texas on behalf of 27 pre-trial detainees who had either died or suffered severe injuries in the Harris County Jail. Represented by private counsel, the plaintiffs—who were relatives of the detainees—alleged that defendant Harris County and its policy-makers were aware of unconstitutional conditions at the Harris County Jail, and that damages were caused by their deliberately indifferent policies and practices, including: (1) failure to observe and monitor; (2) failure to provide medical care; (3) use of excessive force; (4) a culture of violence; and (5) understaffing and overcrowding. The complaint noted that the U.S. Department of Justice had issued a letter in 2009 finding various constitutional violations at the jail related to medical and mental health care and protection from physical harm and safety hazards.

The plaintiffs brought two Monell claims under 42 U.S.C. § 1983 alleging 14th Amendment violations—one for conditions of confinement and one for failure to train or supervise—on behalf of all detainees, along with a claim for violation of Title II of the Americans with Disabilities Act (ADA) and § 504 of the Rehabilitation Act on behalf of 17 of the detainees. The plaintiffs sought monetary damages and attorneys' fees. The case was assigned to Judge Keith P. Ellison.

Later that month, on November 17, 2023, the mother of one of the detainees included in the original complaint moved to intervene in this case. The proposed plaintiff-intervenor also filed a related case (4:23-cv-04336) and moved to consolidate them.

A few days later, on November 21, the plaintiffs amended the complaint and added five plaintiffs. On December 5, 2023, Harris County filed both a motion to dismiss and a motion to sever plaintiffs’ claims into individual lawsuits.

On April 15, 2024, the court granted the motion to intervene, denied as moot the motion to consolidate the cases, and denied the motion to sever the plaintiffs’ claims. The court allowed both intervenors, mothers whose sons were allegedly harmed at the Harris County Jail, to join the lawsuit as they had similar claims. The court held it would not sever the plaintiffs’ claims because they need the opportunity to establish municipal liability via a pattern of similar incidents. 

On May 7, 2024, the defendant filed motions to dismiss the intervenors claims.

On June 4, 2024, the defendant’s motion to dismiss for the non-intervenor plaintiffs was denied as to the conditions of confinement claims and failure to train claims. Additionally, the plaintiffs’ ADA and Rehabilitation Act claims were dismissed with prejudice because the court found the defendants actions did not create an inference of intentional discrimination against detainees with disabilities.

The wife of a former detainee who died after his medical conditions went untreated filed to intervene on July 24, 2024. On September 13, 2024, she withdrew her request for unknown reasons.

On October 7, 2024, the ADA and Rehabilitation Act claims of the two intervenors were dismissed.

As of February 2025, this case is ongoing.

Summary Authors

Kyle O'Hara (3/8/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67671178/parties/wagner-v-harris-county-texas/


Judge(s)
Attorney for Plaintiff

Acevedo-Carlson, Kevin Michael (Texas)

Anglin, Jeremiah (Texas)

Coote, John (Texas)

Attorney for Defendant

Albin, Kelly R. (Texas)

Expert/Monitor/Master/Other

Boenig, Byron W (Texas)

Documents in the Clearinghouse

Documents in this case
1

4:23-cv-02886

Plaintiff's Original Complaint

Aug. 7, 2023

Aug. 7, 2023

Complaint
20

4:23-cv-02886

Plaintiffs' First Amended Complaint

Nov. 21, 2023

Nov. 21, 2023

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67671178/wagner-v-harris-county-texas/

Last updated April 12, 2026, 4:42 a.m.

ECF Number Date Description Link
1 Aug. 7, 2023

Prisoner Civil Rights COMPLAINT against Harris County, Texas (Filing fee $ 402 receipt number ATXSDC-30315105) filed by Octevia Wagner. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Grinke, Paul) (Entered: 08/07/2023)

1 Civil Cover Sheet Civil Cover Sheet

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Clearinghouse
2 Aug. 9, 2023

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 11/17/2023 at 03:00 PM in Courtroom 3A Houston before Judge Keith P Ellison. (Signed by Judge Keith P Ellison) Parties notified.(JoanDavenport, 4) (Entered: 08/09/2023)

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3 Aug. 9, 2023

Request for Issuance of Summons as to Octevia Wagner, filed.(Dekle, David) (Entered: 08/09/2023)

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4 Aug. 11, 2023

Summons Issued as to Harris County, Texas. Issued summons delivered to plaintiff by NEF, filed.(RebeccaBecknal, 4) (Entered: 08/11/2023)

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5 Aug. 23, 2023

CERTIFICATE OF INTERESTED PARTIES by Octevia Wagner, filed.(Grinke, Paul) (Entered: 08/23/2023)

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6 Aug. 30, 2023

Agreed MOTION for Extension of Time to Respond to the Complaint by Harris County, Texas, filed. Motion Docket Date 9/20/2023. (Attachments: # 1 Proposed Order)(Ulmer, Gregory) (Entered: 08/30/2023)

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7 Aug. 30, 2023

ORDER granting 6 Motion for Extension of Time; Motion-related deadline set re: 6 Agreed MOTION for Extension of Time to Respond to the Complaint.; Answer due for Harris County, Texas due by 11/4/2023.(Signed by Judge Keith P Ellison) Parties notified.(ArturoRivera, 4) (Entered: 08/30/2023)

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8 Nov. 3, 2023

MOTION to Dismiss 1 Complaint by Harris County, Texas, filed. Motion Docket Date 11/24/2023. (Attachments: # 1 Appendix A, # 2 Proposed Order)(Ulmer, Gregory) (Entered: 11/03/2023)

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9 Nov. 3, 2023

MOTION to Sever Plaintiffs' Claims by Harris County, Texas, filed. Motion Docket Date 11/24/2023. (Attachments: # 1 Appendix A, # 2 Proposed Order)(Ulmer, Gregory) (Entered: 11/03/2023)

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10 Nov. 8, 2023

Notice Regarding Initial Conference(Signed by Judge Keith P Ellison) Parties notified.(ArturoRivera, 4) (Entered: 11/08/2023)

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11 Nov. 10, 2023

NOTICE of Change of Address by Paul A. Grinke, counsel for Ben Crump Law PLLC, filed. (Grinke, Paul) (Entered: 11/10/2023)

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12 Nov. 10, 2023

NOTICE of Appearance by Gregory C. Ulmer on behalf of Harris County, Texas, filed. (Ulmer, Gregory) (Entered: 11/10/2023)

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13 Nov. 10, 2023

NOTICE of Appearance by James E. Phillips on behalf of Harris County, Texas, filed. (Phillips, James) (Entered: 11/10/2023)

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14 Nov. 10, 2023

NOTICE of Appearance by Kristen H. Luck on behalf of Harris County, Texas, filed. (Luck, Kristen) (Entered: 11/10/2023)

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15 Nov. 10, 2023

NOTICE of Appearance by Ryan A. Walton on behalf of Harris County, Texas, filed. (Walton, Ryan) (Entered: 11/10/2023)

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16 Nov. 13, 2023

SCHEDULING ORDER. ETT: 20. Jury. Amended Pleadings due by 4/1/2024. Joinder of Parties due by 3/4/2024 Pltf Expert Witness List due by 6/3/2024. Deft Expert Witness List due by 7/1/2024. Discovery due by 9/2/2024. Dispositive Motion Filing due by 9/16/2024. Non-Dispositive Motion Filing due by 9/16/2024. Joint Pretrial Order due by 12/9/2024. Jury Trial set for 12/16/2024 at 09:00 AM in Courtroom 3A Houston before Judge Keith P Ellison(Signed by Judge Keith P Ellison) Parties notified.(GeorgeKelner, 4) (Entered: 11/13/2023)

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Nov. 14, 2023

Terminate Deadlines (PUBLIC ENTRY)

Nov. 14, 2023

initial conference is terminated. (ArturoRivera, 4)

17 Nov. 17, 2023

MOTION to Intervene by Ana Garcia, filed. Motion Docket Date 12/8/2023. (Attachments: # 1 Exhibit 1 (Proposed Civil Complaint), # 2 Proposed Order)(Acevedo-Carlson, Kevin) (Entered: 11/17/2023)

1 Exhibit 1 (Proposed Civil Complaint)

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2 Proposed Order

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18 Nov. 17, 2023

NOTICE of Appearance by Kevin Acevedo on behalf of Ana Garcia, filed. (Acevedo-Carlson, Kevin) (Entered: 11/17/2023)

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19 Nov. 21, 2023

NOTICE of Appearance by Mohammed Obaid Shariff on behalf of Ana Garcia, filed. (Shariff, Mohammed) (Entered: 11/21/2023)

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20 Nov. 21, 2023

First AMENDED COMPLAINT against Harris County, Texas filed by Ben Crump Law PLLC, Tramell Morelle, Bernard Lockhart, Deborah Smith, Judith Jones, Jackie Luna.(Grinke, Paul) (Entered: 11/21/2023)

Clearinghouse
21 Dec. 5, 2023

MOTION to Dismiss 20 Amended Complaint/Counterclaim/Crossclaim etc. by Harris County, Texas, filed. Motion Docket Date 12/26/2023. (Attachments: # 1 Appendix A, # 2 Proposed Order)(Ulmer, Gregory) (Entered: 12/05/2023)

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22 Dec. 5, 2023

MOTION to Sever Plaintiffs' Amended Claims by Harris County, Texas, filed. Motion Docket Date 12/26/2023. (Attachments: # 1 Appendix A, # 2 Proposed Order)(Ulmer, Gregory) (Entered: 12/05/2023)

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23 Dec. 13, 2023

JOINT DISCOVERY/CASE MANAGEMENT PLAN by Octevia Wagner, filed.(Grinke, Paul) (Entered: 12/13/2023)

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24 Dec. 13, 2023

NOTICE OF RELATED CASE by Ana Garcia, filed. (Acevedo-Carlson, Kevin) (Entered: 12/13/2023)

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25 Dec. 21, 2023

RESPONSE in Opposition to 17 MOTION to Intervene, filed by Harris County, Texas. (Attachments: # 1 Exhibit A - Complaint in separate lawsuit, # 2 Exhibit B - Appendix A)(Ulmer, Gregory) (Entered: 12/21/2023)

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26 Dec. 22, 2023

RESPONSE to 21 MOTION to Dismiss 20 Amended Complaint/Counterclaim/Crossclaim etc. filed by Octevia Wagner. (Attachments: # 1 Proposed Order Proposed Order Denying Motion to Dismiss)(Grinke, Paul) (Entered: 12/22/2023)

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27 Dec. 22, 2023

RESPONSE to 22 MOTION to Sever Plaintiffs' Amended Claims filed by Octevia Wagner. (Attachments: # 1 Proposed Order Proposed Order Denying Motion to Sever)(Grinke, Paul) (Entered: 12/22/2023)

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28 Dec. 22, 2023

MOTION to Substitute Plaintiff Zachary Zepeda by Octevia Wagner, filed. Motion Docket Date 1/12/2024. (Attachments: # 1 Proposed Order Proposed Order on Motion for Substitution of Plaintiff Zachary Zepeda)(Grinke, Paul) (Entered: 12/22/2023)

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29 Dec. 26, 2023

REPLY to Response to 17 MOTION to Intervene, filed by Ana Garcia. (Acevedo-Carlson, Kevin) (Entered: 12/26/2023)

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30 Dec. 27, 2023

ORDER granting 28 Motion to Substitute Plaintiff Zachary Zepeda.(Signed by Judge Keith P Ellison) Parties notified.(KimberlyPicota, 4) (Entered: 12/27/2023)

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31 Dec. 29, 2023

REPLY to Response to 22 MOTION to Sever Plaintiffs' Amended Claims, filed by Harris County, Texas. (Attachments: # 1 Appendix A)(Ulmer, Gregory) (Entered: 12/29/2023)

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32 Dec. 29, 2023

REPLY to Response to 21 MOTION to Dismiss 20 Amended Complaint/Counterclaim/Crossclaim etc., filed by Harris County, Texas. (Ulmer, Gregory) (Entered: 12/29/2023)

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33 Feb. 7, 2024

MOTION to Consolidate Lead Case No. 4:23-CV-02886 and Member Case No. 4:23-cv-04366 by Ana Garcia, filed. Motion Docket Date 2/28/2024. (Attachments: # 1 Proposed Order)(Acevedo-Carlson, Kevin) (Entered: 02/07/2024)

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34 Feb. 16, 2024

Opposed MOTION to Intervene by Chandra Jenkins, filed. Motion Docket Date 3/8/2024. (Attachments: # 1 Complaint Exhibit A to Motion, # 2 Proposed Order Order to Motion)(Hunter, Taylor) (Entered: 02/16/2024)

1 Complaint Exhibit A to Motion

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2 Proposed Order Order to Motion

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35 Feb. 28, 2024

RESPONSE in Opposition to 33 MOTION to Consolidate Lead Case No. 4:23-CV-02886 and Member Case No. 4:23-cv-04366, filed by Harris County, Texas. (Attachments: # 1 Exhibit A - Garcia's Original Complaint, # 2 Exhibit B - Chart of Detainee's Alleged Cause of Injury)(Ulmer, Gregory) (Entered: 02/28/2024)

2

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36 March 6, 2024

REPLY to Response to 33 MOTION to Consolidate Lead Case No. 4:23-CV-02886 and Member Case No. 4:23-cv-04366, filed by Ana Garcia. (Acevedo-Carlson, Kevin) (Entered: 03/06/2024)

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37 March 8, 2024

RESPONSE in Opposition to 34 Opposed MOTION to Intervene, filed by Harris County, Texas. (Attachments: # 1 Exhibit A - Chart of Detainee's Alleged Cause of Injury)(Ulmer, Gregory) (Entered: 03/08/2024)

1

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38 March 14, 2024

REPLY to Response to 34 Opposed MOTION to Intervene, filed by Chandra Jenkins. (Hunter, Taylor) (Entered: 03/14/2024)

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39 March 14, 2024

NOTICE of Appearance by Taylor Hunter on behalf of Chandra Jenkins, filed. (Hunter, Taylor) (Entered: 03/14/2024)

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40 April 15, 2024

MEMORANDUM AND ORDER granting 34 Opposed MOTION to Intervene, denying as moot 33 MOTION to Consolidate Lead Case No. 4:23-CV-02886 and Member Case No. 4:23-cv-04366, denying 22 MOTION to Sever Plaintiffs' Amended Claims, granting 17 MOTION to Intervene (Signed by Judge Keith P Ellison) Parties notified. (aar4) (Entered: 04/16/2024)

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41 April 15, 2024

INTERVENOR COMPLAINT against Harris County, Texas filed by Ana Garcia. (aar4) (Entered: 04/16/2024)

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42 April 16, 2024

INTERVENOR COMPLAINT against Harris County, Texas filed by Chandra Jenkins. (aar4) (Entered: 04/22/2024)

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43 May 7, 2024

MOTION to Dismiss 42 Intervenor Complaint Chandra Jenkins as Attorney in Fact for Dequon Buford by Harris County, Texas, filed. Motion Docket Date 5/28/2024. (Phillips, James) (Entered: 05/07/2024)

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44 May 7, 2024

MOTION to Dismiss 41 Intervenor Complaint Ana Garcia by Harris County, Texas, filed. Motion Docket Date 5/28/2024. (Phillips, James) (Entered: 05/07/2024)

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45 May 20, 2024

Unopposed MOTION for Extension of Time Response to Motion to Dismiss by Chandra Jenkins, filed. Motion Docket Date 6/10/2024. (Attachments: # 1 Proposed Order Order to Motion) (Hunter, Taylor) (Entered: 05/20/2024)

1 Proposed Order Order to Motion

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46 May 21, 2024

ORDER granting 45 Motion for Extension of Time; Motion-related deadline set re: 45 Unopposed MOTION for Extension of Time Response to Motion to Dismiss, 43 MOTION to Dismiss 42 Intervenor Complaint Chandra Jenkins as Attorney in Fact for Dequon Buford. Responses due by 5/28/2024..(Signed by Judge Keith P Ellison) Parties notified. (aar4) (Entered: 05/21/2024)

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47 May 21, 2024

Unopposed MOTION for Extension of Time to Respond to Motion to Dismiss by Ana Garcia, filed. Motion Docket Date 6/11/2024. (Attachments: # 1 Proposed Order) (Acevedo-Carlson, Kevin) (Entered: 05/21/2024)

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48 May 21, 2024

ORDER granting 47 Motion for Extension of Time; Motion-related deadline set re: 47 Unopposed MOTION for Extension of Time to Respond to Motion to Dismiss, 44 MOTION to Dismiss 41 Intervenor Complaint Ana Garcia. Responses due by 6/28/2024..(Signed by Judge Keith P Ellison) Parties notified. (aar4) (Entered: 05/22/2024)

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49 May 28, 2024

Unopposed MOTION for Extension of Time Response to Motion to Dismiss by Chandra Jenkins, filed. Motion Docket Date 6/18/2024. (Attachments: # 1 Proposed Order Proposed Order Granting Extension of Time) (Hunter, Taylor) (Entered: 05/28/2024)

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50 May 29, 2024

ORDER granting 49 Motion for Extension of Time; Motion-related deadline set re: 49 Unopposed MOTION for Extension of Time Response to Motion to Dismiss, 43 MOTION to Dismiss 42 Intervenor Complaint Chandra Jenkins as Attorney in Fact for Dequon Buford. Responses due by 6/28/2024..(Signed by Judge Keith P Ellison) Parties notified. (aar4) (Entered: 05/29/2024)

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51 June 4, 2024

MEMORANDUM AND ORDER granting in part denying in part 21 MOTION to Dismiss 20 Amended Complaint/Counterclaim/Crossclaim etc. (Signed by Judge Keith P Ellison) Parties notified. (aar4) (Entered: 06/04/2024)

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52 June 6, 2024

NOTICE of Appearance by Ricardo J. Navarro on behalf of Harris County, Texas, filed. (Navarro, Ricardo) (Entered: 06/06/2024)

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53 June 6, 2024

NOTICE of Appearance by Kelly R. Albin on behalf of Harris County, Texas, filed. (Albin, Kelly) (Entered: 06/06/2024)

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54 June 6, 2024

NOTICE of Appearance by David L. Red on behalf of Harris County, Texas, filed. (Red, David) (Entered: 06/06/2024)

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55 June 13, 2024

Joint MOTION for Entry of Order re: Amended Scheduling Order by Octevia Wagner, filed. Motion Docket Date 7/5/2024. (Attachments: # 1 Proposed Order) (Grinke, Paul) (Entered: 06/13/2024)

1 Proposed Order

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56 June 14, 2024

SCHEDULING ORDER granting 55 Joint MOTION for Entry of Order re: Amended Scheduling Order. ETT: 20 days. Jury Trial. ( Amended Pleadings due by 10/25/2024., Joinder of Parties due by 10/4/2024, Pltf Expert Report due by 1/10/2025., Deft Expert Report due by 2/7/2025., Discovery due by 3/28/2025., Dispositive Motion Filing due by 4/11/2025., Non-Dispositive Motion Filing due by 4/11/2025., Joint Pretrial Order due by 7/7/2025., Jury Trial set for 7/14/2025 at 09:00 AM in Courtroom 3A Houston before Judge Keith P Ellison)(Signed by Judge Keith P Ellison) Parties notified. (glc4) (Entered: 06/14/2024)

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57 June 18, 2024

Unopposed MOTION for Extension of Time to File Answer by Harris County, Texas, filed. Motion Docket Date 7/9/2024. (Attachments: # 1 Proposed Order) (Albin, Kelly) (Entered: 06/18/2024)

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58 June 19, 2024

Unopposed MOTION for Leave to File Excess Pages by Chandra Jenkins, filed. Motion Docket Date 7/10/2024. (Attachments: # 1 Proposed Order) (Hunter, Taylor) (Entered: 06/19/2024)

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59 June 20, 2024

RESPONSE in Opposition to 44 MOTION to Dismiss 41 Intervenor Complaint Ana Garcia, filed by Ana Garcia. (Attachments: # 1 Proposed Order Order Denying Defendant Harris County's Motion to Dismiss) (Acevedo-Carlson, Kevin) (Entered: 06/20/2024)

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60 June 20, 2024

ORDER granting in part and denying in part 58 Motion for Leave to File Excess Pages.(Signed by Judge Keith P Ellison) Parties notified. (aar4) (Entered: 06/24/2024)

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61 June 20, 2024

ORDER granting 57 Motion for Extension of Time; Motion-related deadline set re: 57 Unopposed MOTION for Extension of Time to File Answer.; Answer due for Harris County, Texas by 7/2/2024.(Signed by Judge Keith P Ellison) Parties notified. (aar4) (Entered: 06/24/2024)

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62 June 25, 2024

NOTICE of Appearance by Aaron Dekle on behalf of Judith Jones, Bernard Lockhart, Jackie Luna, Tramell Morelle, Deborah Smith, Octevia Wagner, filed. (Dekle, David) (Entered: 06/25/2024)

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63 June 25, 2024

RESPONSE in Opposition to 43 MOTION to Dismiss 42 Intervenor Complaint Chandra Jenkins as Attorney in Fact for Dequon Buford, filed by Chandra Jenkins. (Attachments: # 1 Proposed Order) (Hunter, Taylor) (Entered: 06/25/2024)

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64 June 25, 2024

NOTICE of Appearance by Thomas Lyons, Jr. and Kevin Green on behalf of Chandra Jenkins, filed. (Hunter, Taylor) (Entered: 06/25/2024)

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65 June 27, 2024

Unopposed MOTION for Extension of Time To File Reply Brief by Harris County, Texas, filed. Motion Docket Date 7/18/2024. (Attachments: # 1 Proposed Order) (Albin, Kelly) (Entered: 06/27/2024)

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66 June 28, 2024

ORDER granting 65 Motion for Extension of Time; Motion-related deadline set re: 65 Unopposed MOTION for Extension of Time To File Reply Brief, 44 MOTION to Dismiss 41 Intervenor Complaint Ana Garcia. Replies due by 7/11/2024.(Signed by Judge Keith P Ellison) Parties notified. (aar4) (Entered: 06/28/2024)

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67 July 2, 2024

ANSWER to 20 Amended Complaint/Counterclaim/Crossclaim etc. by Harris County, Texas, filed. (Navarro, Ricardo) (Entered: 07/02/2024)

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68 July 2, 2024

NOTICE of Appearance by Mustapha M. Nyallay on behalf of Harris County, Texas, filed. (Nyallay, Mustapha) (Entered: 07/02/2024)

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69 July 2, 2024

REPLY in Support of 43 MOTION to Dismiss 42 Intervenor Complaint Chandra Jenkins as Attorney in Fact for Dequon Buford, filed by Harris County, Texas. (Navarro, Ricardo) (Entered: 07/02/2024)

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70 July 11, 2024

REPLY in Support of 44 MOTION to Dismiss 41 Intervenor Complaint Ana Garcia, filed by Harris County, Texas. (Navarro, Ricardo) (Entered: 07/11/2024)

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71 July 16, 2024

MOTION for Baker & Hostetler LLP and Gregory C. Ulmer, James E. Phillips, Kristen H. Luck, and Ryan A. Walton to Withdraw as Attorney by Harris County, Texas, filed. Motion Docket Date 8/6/2024. (Attachments: # 1 Proposed Order) (Ulmer, Gregory) (Entered: 07/16/2024)

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72 July 17, 2024

ORDER granting 71 Motion to Withdraw as Attorney. Attorney Gregory C. Ulmer; Ryan Anderson Walton; Kristen Hawes Luck and James E. Phillips terminated.(Signed by Judge Keith P Ellison) Parties notified. (glc4) (Entered: 07/17/2024)

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73 July 24, 2024

MOTION to Intervene by Cambrey Lindsay, filed. Motion Docket Date 8/14/2024. (Attachments: # 1 Exhibit Intervenor Complaint, # 2 Proposed Order) (Kallinen, Randall) (Entered: 07/24/2024)

1 Exhibit Intervenor Complaint

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2 Proposed Order

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74 July 25, 2024

MOTION for Protective Order by Harris County, Texas, filed. Motion Docket Date 8/15/2024. (Attachments: # 1 Proposed Order) (Navarro, Ricardo) (Entered: 07/25/2024)

1 Proposed Order

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75 July 26, 2024

ORDER. Submission Date 8/15/2024(Signed by Judge Keith P Ellison) Parties notified. (aar4) (Entered: 07/26/2024)

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76 Aug. 14, 2024

RESPONSE in Opposition to 73 MOTION to Intervene, filed by Harris County, Texas. (Albin, Kelly) (Entered: 08/14/2024)

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77 Aug. 15, 2024

Joint MOTION for Entry of Order re: Confidentiality and Protective Order by Octevia Wagner, filed. Motion Docket Date 9/5/2024. (Attachments: # 1 Proposed Order) (Grinke, Paul) (Entered: 08/15/2024)

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78 Aug. 20, 2024

REPLY to Response to 73 MOTION to Intervene, filed by Cambrey Lindsay. (Kallinen, Randall) (Entered: 08/20/2024)

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79 Aug. 29, 2024

NOTICE of Setting as to 77 Joint MOTION for Entry of Order re: Confidentiality and Protective Order. Parties notified. Motion Hearing set for 9/12/2024 at 03:00 PM in by telephone before Judge Keith P Ellison, filed. (dm4) (Entered: 08/29/2024)

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80 Sept. 12, 2024

PROTECTIVE ORDER granting 77 Joint MOTION for Entry of Order re: Confidentiality and Protective Order (Signed by Judge Keith P Ellison) Parties notified. (glc4) (Entered: 09/13/2024)

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Sept. 12, 2024

Minute Entry for proceedings held before Judge Keith P Ellison. MOTION HEARING held on 9/12/2024 on Parties Joint Motion for Entry of a Confidentiality and Protective Order (ECF No. 77). The Court GRANTED the Motion and adopted Defendants Proposed Provisions for Paragraph 5, 6, and 9 for the reasons stated on the record. Entry of the Confidentiality and Protective Order will follow. Appearances: Taylor Hunter, Aaron Dekle, Kelly Albin, Randall Kallinen, Kevin Acevedo-Carlson (Court Reporter: M. Walker-Bailey) (Law Clerk: AYC), filed. (aar4)

81 Sept. 13, 2024

NOTICE of RETRACTION of Motion to Intervene re: 73 MOTION to Intervene by Cambrey Lindsay, filed. (Kallinen, Randall) (Entered: 09/13/2024)

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Sept. 16, 2024

Motion Hearing

82 Sept. 19, 2024

Opposed MOTION to Consolidate Lead Case No. 4:23-CV-02886 and Member Case No. 4:24-cv-01932 by Henry Kmiec, filed. Motion Docket Date 10/10/2024. (Attachments: # 1 Proposed Order) (Solomon, Tanika) (Entered: 09/19/2024)

1 Proposed Order

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83 Sept. 19, 2024

ORDER withdrawing 73 Plaintiff-Intervenors Motion to Intervene.(Signed by Judge Keith P Ellison) Parties notified. (dm4) (Entered: 09/20/2024)

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84 Oct. 7, 2024

MEMORANDUM AND ORDER granting in part denying in part 44 MOTION to Dismiss 41 Intervenor Complaint Ana Garcia, 43 MOTION to Dismiss 42 Intervenor Complaint Chandra Jenkins as Attorney in Fact for Dequon Buford (Signed by Judge Keith P Ellison) Parties notified. (aar4) (Entered: 10/07/2024)

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85 Oct. 9, 2024

RESPONSE in Opposition to 82 Opposed MOTION to Consolidate Lead Case No. 4:23-CV-02886 and Member Case No. 4:24-cv-01932, filed by Harris County, Texas. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Proposed Order Proposed Order) (Navarro, Ricardo) (Entered: 10/09/2024)

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86 Oct. 17, 2024

Opposed MOTION for Reconsideration of 40 Memorandum and Order, by Harris County, Texas, filed. Motion Docket Date 11/7/2024. (Attachments: # 1 Proposed Order Order on Defendant Harris County's Opposed Motion to Reconsider Harris County's Motion to Sever) (Navarro, Ricardo) (Entered: 10/17/2024)

1 Proposed Order Order on Defendant Harris County's Opposed Motion to Reconsi

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87 Oct. 21, 2024

Unopposed MOTION for Extension of Time TO FILE ANSWER TO PLAINTIFF INTERVENORS COMPLAINT by Harris County, Texas, filed. Motion Docket Date 11/12/2024. (Attachments: # 1 Proposed Order Granting Unopposed Motion for Extension of Time to File Answer to Plaintiff Intervenors Complaint) (Navarro, Ricardo) (Entered: 10/21/2024)

1 Proposed Order Granting Unopposed Motion for Extension of Time to File Answer to

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88 Oct. 24, 2024

ANSWER to 42 Intervenor Complaint by Harris County, Texas, filed. (Navarro, Ricardo) (Entered: 10/24/2024)

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89 Oct. 24, 2024

ANSWER to 41 Intervenor Complaint by Harris County, Texas, filed. (Navarro, Ricardo) (Entered: 10/24/2024)

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90 Oct. 25, 2024

ORDER granting 87 Motion for Extension of Time; Motion-related deadline set re: 87 Unopposed MOTION for Extension of Time TO FILE ANSWER TO PLAINTIFF INTERVENORS COMPLAINT.; Answer due for Harris County, Texas by 10/28/2024.(Signed by Judge Keith P Ellison) Parties notified. (aar4) (Entered: 10/25/2024)

RECAP
91 Nov. 6, 2024

Joint RESPONSE to 86 Opposed MOTION for Reconsideration of 40 Memorandum and Order, filed by Octevia Wagner. (Attachments: # 1 Proposed Order) (Grinke, Paul) (Entered: 11/06/2024)

RECAP
92 Nov. 13, 2024

REPLY to Response to 86 Opposed MOTION for Reconsideration of 40 Memorandum and Order,, filed by Harris County, Texas. (Navarro, Ricardo) (Entered: 11/13/2024)

RECAP
93 Nov. 19, 2024

Opposed MOTION for Judgment by Harris County, Texas, filed. Motion Docket Date 12/10/2024. (Attachments: # 1 Proposed Order Granting Harris County, Texas' Motion for Judgment) (Navarro, Ricardo) (Entered: 11/19/2024)

1 Proposed Order Granting Harris County, Texas' Motion for Judgment

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RECAP
94 Nov. 20, 2024

Opposed MOTION for Judgment by Harris County, Texas, filed. Motion Docket Date 12/11/2024. (Attachments: # 1 Proposed Order Granting Defendant's MFJ on Survival Claims) (Navarro, Ricardo) (Entered: 11/20/2024)

1 Proposed Order Granting Defendant's MFJ on Survival Claims

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RECAP
95 Dec. 4, 2024

NOTICE of Appearance by Carl L. Evans, Alizabeth A. Guillot and Jordan A. Carter on behalf of Octevia Wagner, filed. (Evans, Carl) (Entered: 12/04/2024)

RECAP
96 Dec. 10, 2024

MOTION for Reconsideration by Ana Garcia, filed. Motion Docket Date 12/31/2024. (Attachments: # 1 Exhibit Exhibit 1, # 2 Proposed Order Order) (Acevedo-Carlson, Kevin) (Entered: 12/10/2024)

1 Exhibit Exhibit 1

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2 Proposed Order Order

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RECAP

Case Details

State / Territory:

Texas

Case Type(s):

Jail Conditions

Disability Rights

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: Aug. 7, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Relatives on behalf of 27 pre-trial detainees who either died or suffered severe injuries in the Harris County Jail in Texas.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Harris County Jail

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Other Dockets:

Southern District of Texas 4:23-cv-02886

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Aggressive behavior

Assault/abuse by residents/inmates/students

Assault/abuse by staff

Conditions of confinement

Disciplinary procedures

Failure to discipline

Failure to supervise

Failure to train

Pattern or Practice

Staff (number, training, qualifications, wages)

Disability and Disability Rights:

Disability, unspecified

Mental Illness, Unspecified

Mental impairment

Schizophrenia

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by non-staff (facilities)

Assault/abuse by staff (facilities)

Crowding (General)

Pepper/OC spray

Restraints (physical)

Sexual abuse by residents/inmates

Suicide prevention (facilities)

Medical/Mental Health Care:

Medical care, general

Medication, administration of

Mental health care, general

Self-injurious behaviors

Suicide prevention

Recommended Citation