Case: In re Hutto Family Detention Center

1:07-cv-00164 | U.S. District Court for the Western District of Texas

Filed Date: March 6, 2007

Closed Date: Oct. 6, 2009

Clearinghouse coding complete

Case Summary

On March 6, 2007, attorneys with the national ACLU Foundation, the ACLU Immigrants' Rights Project, the ACLU National Prison project, the ACLU of Texas, the University of Texas School of Law Immigration Clinic, and private counsel filed ten separate lawsuits in the U.S. District Court for the Western District of Texas challenging the conditions of confinement for immigrant children and their families who were detained by U.S. Immigration and Customs Enforcement at the T. Don Hutto Detention Center in Taylor, Texas. Additional lawsuits were subsequently filed, and eventually twenty such suits were consolidated by the District Court (Judge Sam Sparks) as In re Hutto Family Detention Center, No. 1:07-cv-00164-SS.

Plaintiffs asserted claims for alleged violations of the 1997 Settlement Agreement in Flores v. Meese, No. 85-cv-4544 (C.D. Cal.). In Flores, the U.S. Department of Justice settled a class action lawsuit brought by minor immigrant detainees by agreeing to establish minimum standards and conditions for the housing and release of all minors in federal immigration custody. The Agreement provided that: (1) children would generally be released promptly to their parents or designated family members, or, if necessary, to shelters and unrelated custodians; (2) those class members who remained in ICE's custody must be placed in the least restrictive setting possible, generally a facility or home licensed for the care of dependent, non-delinquent minors; and (3) regardless of where they were housed, detained minors were to be guaranteed a range of basic educational, health, social, and other benefits and rights. The Agreement also explicitly provided at Paragraph 24 that any minor in federal immigration custody who believed that the conditions of his/her detention failed to meet the established minimum standard of care could file suit in federal court to seek redress.

The lawsuits filed by the Hutto detainees all invoked Paragraph 24 of the Flores Agreement and alleged that conditions at Hutto violated virtually every single provision of the Flores Settlement Agreement. Plaintiffs alleged that Hutto was operated as a medium security prison, where children were: (1) required to wear prison uniforms; (2) confined to small cells; (3) denied access to adequate medical, dental, and mental health treatment; (4) denied adequate educational opportunities; and (5) frequently disciplined by guards who threatened to permanently separate them from their parents.

The lawsuits sought a temporary restraining order and a preliminary injunction, requesting the release of the detained children and their families under reasonable conditions of supervision, and for an order prohibiting the government from separating the children from their parents. The government denied the allegations and opposed injunctive relief.

On April 9, 2007, the District Court (Judge Sparks) held a hearing on plaintiffs' request for a preliminary injunction. The Court granted plaintiffs' request in part and denied it in part, denying the request for the children's immediate release, but finding that the conditions at Hutto violated the Flores Agreement and that plaintiffs were likely to prevail at trial. 2007 WL 1074070. Judge Sparks determined that a full evidentiary hearing was necessary to determine the extent of the violations and the appropriate remedy. The case was set for trial in August 2007.

On April 18, 2007, the government moved to dismiss the case, or in the alternative, to stay proceedings to allow settlement talks to proceed. Judge Sparks denied the motion on May 10.

Settlement negotiations ensued and the case was submitted to mediation, where it was ultimately resolved in July 2007. A formal Settlement Agreement was reached and approved by the Court on August 29, 2007. The Agreement called for a number of substantial reforms, including changes in the areas of recreation, educational programming, guard training, improved medical care, visitation, food service and privacy, and elimination of 12-hour-a-day cell lock-down. Compliance was to be monitored by federal Magistrate Judge Andrew W. Austin, who was to conduct periodic inspections of the Hutto facility. The agreement was set to terminate at the first of three events: the publication in the federal register of final regulations implementing the Flores Agreement, the discontinuance of use of Hutto as a family residential center, and the passage of two years.

On July 2, 2009, Magistrate Judge Austin issued his final compliance report, finding that Hutto had made significant progress in many areas, and especially in mental health services, but that food, communication between residents and staff, and staff behavior toward residents continued to be areas of concern, and that the facility, which was originally constructed as a jail, was ultimately ill-suited to its current use.

On August 6, 2009, the federal government announced that it would cease housing families in the Hutto center, and by September 17, 2009, the last families had been transferred to a smaller facility in Pennsylvania or released subject to home or electronic monitoring. The Court (Judge Sparks) dismissed the case on October 6.

Summary Authors

Christopher Schad (6/8/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6496133/parties/in-re-hutto-family-detention-center/

Judge(s)

Austin, Andrew W. (Texas)

Attorney for Plaintiff

Baubonyte, Egle (Texas)

Bhat, Ghouri (Texas)

Attorney for Defendant

Boswell, Susan G. (Arizona)

Expert/Monitor/Master/Other

Argueta, Sylvia (California)

Judge(s)

Austin, Andrew W. (Texas)

Sparks, Sam (Texas)

Attorney for Plaintiff

Baubonyte, Egle (Texas)

Bhat, Ghouri (Texas)

Bunikyte, Saule (Texas)

Bussiere, Alice (California)

Gorman, Sean (Texas)

Graybill, Lisa Shawn (Texas)

Gupta, Vanita (New York)

Hines, Barbara (Texas)

Holguín, Carlos R. (California)

Jawetz, Tom-Tsvi M. (District of Columbia)

Johnson, Mordecai (South Carolina)

Lable, Stephen J. (Massachusetts)

Lafond, Carol A. (Texas)

Morales, James (California)

Mukherjee, Elora (New York)

Parker, Dennis D. (New York)

Rabinovitz, Judy (New York)

Schey, Peter A. (California)

Attorney for Defendant

Boswell, Susan G. (Arizona)

Candaux, Mary Jane (District of Columbia)

Gonzales, Alberto (District of Columbia)

Keisler, Peter D. (District of Columbia)

Kline, David J. (District of Columbia)

Lawrence, Victor M. (District of Columbia)

Paniszczyn, John Francis (District of Columbia)

Strathern, Arthur (District of Columbia)

Sutton, David P. (District of Columbia)

Wiggers, Edward (District of Columbia)

Willis, Jeffrey (Arizona)

Other

Argueta, Sylvia (California)

Hausman, Allen W. (District of Columbia)

Rosenbaum, Mark Dale (California)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:07-cv-00164	Docket (PACER)	Oct. 6, 2009	Oct. 6, 2009 Docket
1 1:07-cv-00164	Complaint for Declaratory and Injunctive Relief Bunikyte v. Chertoff U.S. District Court for the Southern District of Texas	March 6, 2007	March 6, 2007 Complaint
2 1:07-cv-00164	Plaintiff’s Motion for a Temporary Restraining Order to Prevent Separation from Her Mother Bunikyte v. Chertoff	March 6, 2007	March 6, 2007 Pleading / Motion / Brief
2-1 1:07-cv-00164 1:07-cv-00165 1:07-cv-00166	Appendix in Support of Plaintiff's [March 6 Motions]: The Flores Settlement Bunikyte v. Chertoff	March 6, 2007	March 6, 2007 Pleading / Motion / Brief
2-1 1:07-cv-00166 1:07-cv-00165 1:07-cv-00164	Appendix in Support of Plaintiff's [March 6 Motions]: Declarations of Residents, Plaintiff's Attorneys, and Medical Experts Bunikyte v. Chertoff	March 6, 2007	March 6, 2007 Pleading / Motion / Brief
3 1:07-cv-00164	Plaintiff's Motion for a Preliminary Injunction Ordering Her Immediate Release from Hutto with Her Mother Under Conditions of Supervision, and Permitting Her Counsel and Experts to Inspect the Facility and Examine Plaintiff Bunikyte v. Chertoff	March 6, 2007	March 6, 2007 Pleading / Motion / Brief
21 1:07-cv-00164	Plaintiff’s Reply In Support Of Her Motion For A Preliminary Injunction Ordering Her Immediate Release From Hutto With Her Mother Bunikyte v. Chertoff	March 19, 2007	March 19, 2007 Pleading / Motion / Brief
23 1:07-cv-00165	Order Emptage v. Chertoff	March 22, 2007	March 22, 2007 Order/Opinion
32 1:07-cv-00158 1:07-cv-00164 1:07-cv-00165 1:07-cv-00166	Plaintiffs' Supplemental Brief in Support of their Motions for Preliminary Injunction Emptage v. Chertoff	March 29, 2007	March 29, 2007 Pleading / Motion / Brief
1:07-cv-00158 1:07-cv-00164 1:07-cv-00165 1:07-cv-00166	Appendix in Support of Plaintiffs' Supplemental Brief in Support of their Motions for Preliminary Injunction Emptage v. Chertoff	March 29, 2007	March 29, 2007 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6496133/in-re-hutto-family-detention-center/

Last updated March 23, 2026, 4:21 a.m.

Change selected docket

ECF Number	Date	Description	Link
1	March 6, 2007	COMPLAINT ( Filing fee $ 350 receipt number 405299), filed by Saule Bunikyte. (Attachments: # 1 Exhibit part 1 of 1)(tdk, ) (Entered: 03/06/2007) 1 Exhibit part 1 of 1 View on PACER	RECAP
2	March 6, 2007	MOTION for Temporary Restraining Order by Saule Bunikyte. (Attachments: # 1 Appendix part 1 of 5# 2 Appendix part 2 of 5# 3 Appendix part 3 of 5# 4 Appendix part 4 of 5# 5 Appendix part 5 of 5)(tdk, ) (Entered: 03/06/2007) 1 Appendix part 1 of 5 View on PACER 2 Appendix part 2 of 5 View on PACER 3 Appendix part 3 of 5 View on PACER 4 Appendix part 4 of 5 View on PACER 5 Appendix part 5 of 5 View on PACER	RECAP
3	March 6, 2007	MOTION for Preliminary Injunction by Saule Bunikyte. (tdk, ) (Entered: 03/06/2007)	RECAP
4	March 6, 2007	MOTION for Leave to Exceed Page Limitation of Plaintiff's motion for temporary restraining order and motion for a preliminary injunction by Saule Bunikyte. (tdk, ) (Entered: 03/06/2007)	RECAP
5	March 6, 2007	MOTION to Appear Pro Hac Vice by Tom-Tsvi M. Jawetz by on behalf of Saule Bunikyte. (tdk, ) (Entered: 03/06/2007)	RECAP
6	March 6, 2007	MOTION to Appear Pro Hac Vice by Gouri Bhat by on behalf of Saule Bunikyte. (tdk, ) (Entered: 03/06/2007)	RECAP
7	March 6, 2007	MOTION to Appear Pro Hac Vice by Vanita Gupta by on behalf of Saule Bunikyte. (tdk, ) (Entered: 03/06/2007)	RECAP
8	March 6, 2007	MOTION to Appear Pro Hac Vice by Lisa Graybill by on behalf of Saule Bunikyte. (tdk, ) (Entered: 03/06/2007)	RECAP
9	March 6, 2007	MOTION to Appear Pro Hac Vice by Elora Mukherjee by on behalf of Saule Bunikyte. (tdk, ) (Entered: 03/06/2007)	RECAP
10	March 6, 2007	MOTION to Appear Pro Hac Vice by Judy Rabinovitz by on behalf of Saule Bunikyte. (tdk, ) (Entered: 03/06/2007)	RECAP
11	March 6, 2007	MOTION to Appear Pro Hac Vice by Dennis Parker by on behalf of Saule Bunikyte. (tdk, ) (Entered: 03/06/2007)	RECAP
12	March 6, 2007	Summons Issued as to Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash, U.S. Attorney and U.S. Attorney General (tdk, ) (Entered: 03/06/2007)	RECAP
13	March 6, 2007	ORDER denying 2 Motion for TRO Signed by Judge Sam Sparks. (ja, ) (Entered: 03/07/2007)	RECAP
	March 6, 2007	ORDER Setting Hearing on 3 MOTION for Preliminary Injunction: Motion Hearing set for 3/20/2007 09:00 AM before Honorable Sam Sparks.. Signed by Judge Sam Sparks. (see doc # 13 for order) (ja, )
	March 9, 2007	Pro Hac Vice Fee Paid by Gouri Bhat, Lisa Graybill, Vanita Gupta, Dennis Parker; Filing fee $ 100.00, receipt number 405318. (ja, )
	March 9, 2007	Pro Hac Vice Fee Paid by Tom-Tsvi M. Jawetz, Elora Mukherjee, Judy Rabinovitz; Filing fee $ 75.00, receipt number 405317. (ja, )
14	March 13, 2007	ORDER granting Dr. Clark access to T. Don Hutto Family Res. Cntr...... Signed by Judge Sam Sparks. (ja, ) (Entered: 03/13/2007)	RECAP
15	March 16, 2007	MOTION to Appear Pro Hac Vice by Stephen Maurice Ryan for Stephen J. Lable by on behalf of Saule Bunikyte. (Ryan, Stephen) (Entered: 03/16/2007)	RECAP
16	March 16, 2007	MOTION for Leave to Exceed Page Limitation by Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash. (Lawrence, Victor) (Entered: 03/16/2007)	RECAP
17	March 16, 2007	Memorandum in Opposition to Motion re 3 MOTION for Preliminary Injunction Reply to Equitable Remedies Sought By Plaintiff, filed by Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash. (Attachments: # 1 Affidavit Declarations of Moore/Perry# 2 Exhibit Exhibits 1, 2)(Lawrence, Victor) (Entered: 03/16/2007) 1 Affidavit Declarations of Moore/Perry View on PACER 2 Exhibit Exhibits 1, 2 View on PACER	RECAP
18	March 16, 2007	DEFICIENCY NOTICE to Atty Lawrence: re 16 MOTION for Leave to Exceed Page Limitation. Certificate of service is deficient. See notice. (ja, ) (Entered: 03/19/2007)	RECAP
19	March 19, 2007	DEFICIENCY NOTICE to Atty Lawrence: re 17 Memorandum in Opposition to Motion. Certificate of Service is deficient. See notice for instructions. (ja, ) (Entered: 03/19/2007)	RECAP
20	March 19, 2007	MOTION for Leave to Exceed Page Limitation in Plaintiff's Reply in Support of Her Motion for a Preliminary Injunction by Saule Bunikyte. (Attachments: # 1 Proposed Order)(Graybill, Lisa) (Entered: 03/19/2007) 1 Proposed Order View on PACER	RECAP
21	March 19, 2007	REPLY to Response to Motion re 3 MOTION for Preliminary Injunction, filed by Saule Bunikyte. (Attachments: # 1 Appendix Part 1 of 8# 2 Appendix Part 2 of 8# 3 Appendix Part 3 of 8# 4 Appendix Part 4 of 8# 5 Appendix Part 5 of 8# 6 Appendix Part 6 of 8# 7 Appendix Part 7 of 8# 8 Appendix Part 8 of 8)(Graybill, Lisa) (Entered: 03/19/2007) 1 Appendix Part 1 of 8 View on PACER 2 Appendix Part 2 of 8 View on PACER 3 Appendix Part 3 of 8 View on PACER 4 Appendix Part 4 of 8 View on PACER 5 Appendix Part 5 of 8 View on PACER 6 Appendix Part 6 of 8 View on PACER 7 Appendix Part 7 of 8 View on PACER 8 Appendix Part 8 of 8 View on PACER	RECAP
22	March 19, 2007	ORDER granting 15 Motion to Appear Pro Hac Vice as to Stephen Lable Signed by Judge Sam Sparks. (ja, ) (Entered: 03/20/2007)	RECAP
23	March 20, 2007	Minute Entry for proceedings held before Judge Sam Sparks : Motion Hearing held on 3/20/2007 re 3 MOTION for Preliminary Injunction filed by Saule Bunikyte, (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.) (ja, ) (Entered: 03/21/2007)	RECAP
26	March 20, 2007	Witness List. (ja, ) (Entered: 03/26/2007)	RECAP
28	March 20, 2007	Exhibit List by Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash, Saule Bunikyte.. (dm, ) (Entered: 03/26/2007)	RECAP
	March 20, 2007	ORAL ORDER granting 5 Motion to Appear Pro Hac Vice, granting 6 Motion to Appear Pro Hac Vice, granting 7 Motion to Appear Pro Hac Vice, granting 8 Motion to Appear Pro Hac Vice, granting 9 Motion to Appear Pro Hac Vice, granting 10 Motion to Appear Pro Hac Vice, granting 11 Motion to Appear Pro Hac Vice Signed by Judge Sam Sparks. (ja, )
	March 20, 2007	Pro Hac Vice Fee Paid by Stephen J. Lable; Filing fee $ 25, receipt number 405513. (ja, )
24	March 22, 2007	ORDER for briefs....lifting restrictions on atty visits... . Signed by Judge Sam Sparks. (ja, ) (Entered: 03/22/2007)	RECAP
25	March 23, 2007	NOTICE Status Report by Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash (Lawrence, Victor) (Entered: 03/23/2007)	RECAP
27	March 26, 2007	SUPPLEMENT to 17 Memorandum in Opposition to Motion, Supplement to Defendants' Reply to Equitable Remedies Sought By Plaintiffs by Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash. (Attachments: # 1 Affidavit Declaration of Marc J. Moore 03.26.07# 2 Exhibit Exhibit A to MJM Declaration# 3 Exhibit Exhibit B to MJM Declaration# 4 Exhibit Exhibit C to MJM Declaration# 5 Exhibit Exhibit D to MJM Declaration# 6 Exhibit Exhibit E to MJM Declaration# 7 Exhibit Exhibit F to MJM Declaration# 8 Exhibit Exhibit G to MJM Declaration# 9 Exhibit Exhibit H to MJM Declaration)(Lawrence, Victor) Modified on 4/6/2007 to delete exhibits- SEALED BY COURT ON 4/6/07 (ja, ). (Entered: 03/26/2007) 1 Affidavit Declaration of Marc J. Moore 03.26.07 View on PACER	RECAP
29	March 27, 2007	TRANSCRIPT of Proceedings held on March 20, 2007. Proceedings Transcribed:Injunction for Equitable Relief. Court Reporter: Lily Reznik. NOTE: Transcript document is not available online. (original transcript filed in A-07-cv-158) (ja, ) (Entered: 03/28/2007)	RECAP
30	March 28, 2007	SUPPLEMENT to 25 Notice (Other) SUPPLEMENT TO STATUS REPORT FILED ON MARCH 23, 2007 by Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash. (Lawrence, Victor) (Entered: 03/28/2007)	RECAP
31	March 28, 2007	SUMMONS Returned Executed Michael Chertoff; Julie L. Myers; John P. Torres; Marc Moore; Gary Mead; Simona Colon; AND John Pogash ALL served on 3/14/2007, answers due 5/14/2007. (ja, ) (Entered: 03/29/2007)	RECAP
32	March 29, 2007	BRIEF by Saule Bunikyte. (Graybill, Lisa) (Entered: 03/29/2007)	RECAP
33	March 29, 2007	MOTION for Leave to Exceed Page Limitation by Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash. (Lawrence, Victor) (Entered: 03/29/2007)	RECAP
34	March 29, 2007	SUPPLEMENTAL MEMORANDUM to 17 Memorandum in Opposition to Motion,, 27 Supplement,, Defendants' Supplemental Brief and Filing of Additional Evidence by Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash. (Attachments: # 1 # 2 # 3 # 4)(Lawrence, Victor) Modified on 4/6/2007 to delete exhibits 6&7- SEALED BY COURT ON 4/6/07 (ja, ). (Entered: 03/29/2007)	RECAP
35	March 30, 2007	ATTACHMENT Exhibit 5 to Supplemental Memorandum to 34 Supplemental Memorandum, by Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash. (Lawrence, Victor) Additional attachment(s) added on 4/11/2007 (ja, ). Modified on 4/11/2007 to replace SEALED document per order on 4/11/07 (ja, ). (Entered: 03/30/2007)	RECAP
36	April 2, 2007	MOTION for Leave to Exceed Page Limitation by Saule Bunikyte. (Graybill, Lisa) (Entered: 04/02/2007)	RECAP
37	April 3, 2007	ORDER granting 36 Motion for Leave to File Excess Pages Signed by Judge Sam Sparks. (ja, ) (Entered: 04/04/2007)	RECAP
38	April 5, 2007	MOTION for Leave to Exceed Page Limitation by Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash. (Lawrence, Victor) (Entered: 04/05/2007)	RECAP
39	April 5, 2007	SUPPLEMENTAL MEMORANDUM to 32 Brief, 34 Supplemental Memorandum, Defendant's Reply to Plaintiffs' Supplemental Brief by Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash. (Lawrence, Victor) (Entered: 04/05/2007)	RECAP
40	April 5, 2007	BRIEF by Saule Bunikyte Response Brief. (Attachments: # 1 Appendix Appendix of Exhibits# 2 Exhibit Lisa Graybill Declaration with Attachments# 3 Exhibit John Sargent Declaration and CV# 4 Exhibit INS Memoranda# 5 Exhibit Griselda Ponce letter to Marc Moore)(Graybill, Lisa) (Entered: 04/05/2007) 1 Appendix Appendix of Exhibits View on PACER 2 Exhibit Lisa Graybill Declaration with Attachments View on PACER 3 Exhibit John Sargent Declaration and CV View on PACER 4 Exhibit INS Memoranda View on PACER 5 Exhibit Griselda Ponce letter to Marc Moore View on PACER	RECAP
41	April 5, 2007	MOTION for Leave to Exceed Page Limitation by Saule Bunikyte. (Graybill, Lisa) (Entered: 04/05/2007)	RECAP
42	April 6, 2007	ORDER granting 38 Motion for Leave to File Excess Pages Signed by Judge Sam Sparks. (ja, ) (Entered: 04/06/2007)	RECAP
43	April 6, 2007	ORDER granting 41 Motion for Leave to File Excess Pages Signed by Judge Sam Sparks. (ja, ) (Entered: 04/06/2007)	RECAP
44	April 6, 2007	SUPPLEMENT to 40 Brief, Response Brief by Saule Bunikyte. (Lable, Stephen) (Entered: 04/06/2007)	RECAP
45	April 6, 2007	ATTACHMENT Ex.KK to 44 Supplement by Saule Bunikyte. (Lable, Stephen) (Entered: 04/06/2007)	RECAP
46	April 6, 2007	Order Sealing EXHIBITS contained juvenile's medical records. Signed by Judge Sam Sparks. (ja, ) (Entered: 04/06/2007)	RECAP
47	April 9, 2007	ORDER granting in part and denying in part 3 Motion for Preliminary Injunction, ORDER that Marc Moore be present at all further hearings, ORDERED the case is set for trial in August 2007, parties to submit proposed scheduling order Signed by Judge Sam Sparks. (ja, ) (Entered: 04/09/2007)	RECAP
48	April 11, 2007	Order Sealing Document containing medical records 35 . Signed by Judge Sam Sparks. (ja, ) (Entered: 04/11/2007)	RECAP
49	April 13, 2007	ORDER that the above styled cases shall be consolidated for all purposes under the case style In re Hutto Family Detention Center, Case No. A-07-CA-164-SS.. Signed by Judge Sam Sparks. (jk, ) (Entered: 04/13/2007)	RECAP
50	April 13, 2007	AMENDED ORDER re 48 Order Sealing EXHIBITS containing medical records 35 . Signed by Judge Sam Sparks. (jk, ) Modified on 4/13/2007 to correct document link (jk, ). (Entered: 04/13/2007)	RECAP
51	April 13, 2007	AMENDED ORDER re 46 Order Sealing EXHIBITS containing juvenile's medical records. Signed by Judge Sam Sparks. (jk, ) (Entered: 04/13/2007)	RECAP
	April 13, 2007	Notice of Correction: re 50 Order. Corrected document link. (jk, )
52	April 18, 2007	NOTICE of Voluntary Dismissal by Sherona Verdieu (Lable, Stephen) (Entered: 04/18/2007)	RECAP
53	April 18, 2007	MOTION to Dismiss and, in the Alternative, Motion to Stay Proceedings to Enable Parties to Devote Full Resources to Resolving All Claims Brought Under Paragraph 24 of the Flores Settlement Agreement by Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash. (Attachments: # 1 Exhibit A-D)(Lawrence, Victor) (Entered: 04/18/2007) 1 Exhibit A-D View on PACER	RECAP
54	April 18, 2007	Proposed Order to 53 by Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash. (Lawrence, Victor) Modified on 4/18/2007 to correct event (ja, ). (Entered: 04/18/2007)	RECAP
	April 18, 2007	MOTION to Stay (contained in doc 53 ) by Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash. (td, )
55	April 19, 2007	ORDER of dismissal, granting re 52 Notice of Voluntary Dismissal filed by Sherona Verdieu, . Signed by Judge Sam Sparks. (ja, ) (Entered: 04/19/2007)	RECAP
56	April 23, 2007	Scheduling Recommendations/Proposed Scheduling Order In re Hutto Family Detention Center by Egle Baubonyte. (Attachments: # 1 Exhibit Ex. A, Declaration of Vanita Gupta, April 23, 2007# 2 Exhibit Ex. A, Attachment 1# 3 Exhibit Ex. A, Attachment 2)(Graybill, Lisa) (Entered: 04/23/2007) 1 Exhibit Ex. A, Declaration of Vanita Gupta, April 23, 2007 View on PACER 2 Exhibit Ex. A, Attachment 1 View on PACER 3 Exhibit Ex. A, Attachment 2 View on PACER	RECAP
57	April 27, 2007	Scheduling Recommendations/Proposed Scheduling Order and Request for the Court to Assign a Magistrate to Facilitate Settlement Discussions by Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash. (Lawrence, Victor) (Entered: 04/27/2007)	RECAP
58	April 27, 2007	Scheduling Recommendations/Proposed Scheduling Order in the Event the Court Denies Defendants' Motion to Dismiss by Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash. (Lawrence, Victor) (Entered: 04/27/2007)	RECAP
59	April 30, 2007	BRIEF by Egle Baubonyte Response to Defendants' Motion to Dismiss. (Attachments: # 1 Exhibit Ltr from Marc Moore to Griselda Ponce# 2 Exhibit Letter from Marc Moore to Barbara Hines# 3 Exhibit Declaration of Rasa Bunikiene)(Gupta, Vanita) (Entered: 04/30/2007) 1 Exhibit Ltr from Marc Moore to Griselda Ponce View on PACER 2 Exhibit Letter from Marc Moore to Barbara Hines View on PACER 3 Exhibit Declaration of Rasa Bunikiene View on PACER	RECAP
60	May 1, 2007	DEFICIENCY NOTICE to Atty Vanita Gupta: re 59 Brief, (ja, ) (Entered: 05/01/2007)	RECAP
61	May 1, 2007	ATTACHMENT Proposed Order to 59 Brief, by Egle Baubonyte. (Gupta, Vanita) (Entered: 05/01/2007)	RECAP
64	May 10, 2007	ORDER DENYING 57 Request for the Court to Assign a Magistrate Judge to Facilitate Settlement, filed by Michael Chertoff,, John Pogash,, John P. Torres,, Julie L. Myers,, Marc Moore,, Gary Mead,, Simona Colon, DENYING 53 MOTION to Dismiss and, in the Alternative, Motion to Stay Proceedings filed by Michael Chertoff,, John Pogash,, John P. Torres,, Julie L. Myers,, Marc Moore,, Gary Mead,, Simona Colon. Signed by Judge Sam Sparks. (jk, ) (Entered: 05/11/2007)	RECAP
65	May 10, 2007	ORDER Status Conference set for 5/29/2007 08:30 AM in Courtroom before Honorable Sam Sparks.. Signed by Judge Sam Sparks. (jk, ) (Entered: 05/11/2007)	RECAP
62	May 11, 2007	REPLY to Response to Motion re 53 MOTION to Dismiss and, in the Alternative, Motion to Stay Proceedings to Enable Parties to Devote Full Resources to Resolving All Claims Brought Under Paragraph 24 of the Flores Settlement Agreement, filed by Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash. (Attachments: # 1 Exhibit Exhibits A to E)(Lawrence, Victor) (Entered: 05/11/2007) 1 Exhibit Exhibits A to E View on PACER	RECAP
63	May 11, 2007	MOTION for Leave to Exceed Page Limitation by Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash. (Lawrence, Victor) (Entered: 05/11/2007)	RECAP
66	May 17, 2007	ORDER granting 63 Motion for Leave to File Excess Pages Signed by Judge Sam Sparks. (jg3, ) (Entered: 05/17/2007)	RECAP
67	May 18, 2007	MOTION for Reconsideration re 64 Order, Terminate Motions,, by Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash. (Attachments: # 1 Exhibit Exhibits A and B# 2 Proposed Order)(Lawrence, Victor) (Entered: 05/18/2007) 1 Exhibit Exhibits A and B View on PACER 2 Proposed Order View on PACER	RECAP
68	May 24, 2007	RESPONSE to Motion re 67 MOTION for Reconsideration re 64 Order, Terminate Motions,,, filed by Egle Baubonyte, Sherona Verdieu, Susana Rodriguez Blanco, Yarely Maribel Vasquez Sanchez, Saule Bunikyte. (Jawetz, Tom-Tsvi) (Entered: 05/24/2007)	RECAP
69	May 24, 2007	DEFICIENCY NOTICE to Atty Tom-Tsvi Jawetz: re 68 Response to Motion (jg3, ) (Entered: 05/24/2007)	RECAP
70	May 24, 2007	ATTACHMENT Proposed Order to 68 Response to Motion by Egle Baubonyte. (Gupta, Vanita) (Entered: 05/24/2007)	RECAP
71	May 29, 2007	ORDER granting 67 Motion for Reconsideration; dismissing claims of plaintiffs Egle Baubonyte and Saule Bunikyte as moot... Signed by Judge Sam Sparks. (jg3, ) (Entered: 05/29/2007)	RECAP
72	May 29, 2007	Minute Entry for proceedings held before Judge Sam Sparks : Status Conference held on 5/29/2007 (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.)(jg3, ) (Entered: 05/29/2007)	RECAP
73	May 30, 2007	SCHEDULING ORDER: Amended Pleadings due by 6/10/2007.,Joinder of Parties due by 6/10/2007...limiting scope of discovery...set for hearing on August 3...docket call remains set....Andrew W. Austin added.. Signed by Judge Sam Sparks. (jg3, ) (Entered: 05/30/2007)	RECAP
74	June 11, 2007	TRANSCRIPT of Proceedings held on May 29, 2007. Proceedings Transcribed:Status Conference. Court Reporter: Lily Reznik. NOTE: Transcript document is not available online. (jg3, ) (Entered: 06/11/2007)	RECAP
75	June 11, 2007	Minute Entry for proceedings held before Judge Sam Sparks : Telephone Conference held on 6/11/2007 (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.)(jg3, ) (Entered: 06/11/2007)	RECAP
76	June 13, 2007	NOTICE of Filing report on inspection of detention facility by Andrew W. Austin (mc2, ) (Entered: 06/13/2007)	RECAP
77	June 15, 2007	NOTICE of Voluntary Dismissal by Yarely Maribel Vasquez Sanchez (Attachments: # 1 Proposed Order Proposed Order)(Lable, Stephen) (Entered: 06/15/2007) 1 Proposed Order Proposed Order View on PACER	RECAP
78	June 15, 2007	NOTICE of Voluntary Dismissal by Yarely Maribel Vasquez Sanchez AMENDED, with Amended Proposed Order (Gupta, Vanita) (Entered: 06/15/2007)	RECAP
79	June 20, 2007	Minute Entry for proceedings held before Judge Sam Sparks : Telephone Conference held on 6/20/2007 (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.)(jk, ) (Entered: 06/21/2007)	RECAP
80	June 22, 2007	WITNESS/EXHIBIT/EXPERT LIST by Susana Rodriguez Blanco, Yarely Maribel Vasquez Sanchez, Andrea Osorio Restrepo, Antony Alexander Marti Grijalva, Jeniffer Castillo-Padilla, Antony Castanon Nartatez, Jonathan Castanon Nartatez, Marco Antonio Toruno-Altamirano, Fredy Lindolofo Pineda-Brisuela, Marusia Razmias, Paola Osorio Restrepo, Gladys Elizabeth Martinez, Jose Fernando Erazo Paredes, Esther Donaire-Padilla, Marjorie Alejandra Martinez Grijalva, Joseline Vanessa Mendez-Sanchez, Kimberly Dayan Sanchez-Ordonez. (Bhat, Gouri) (Entered: 06/22/2007)	RECAP
81	July 6, 2007	MOTION to Appear Pro Hac Vice by Stephen J. Lable for Carol A. Lafond by on behalf of Egle Baubonyte, Susana Rodriguez Blanco, Yarely Maribel Vasquez Sanchez, Andrea Osorio Restrepo, Antony Alexander Marti Grijalva, Jeniffer Castillo-Padilla, Antony Castanon Nartatez, Jonathan Castanon Nartatez, Marco Antonio Toruno-Altamirano, Fredy Lindolofo Pineda-Brisuela, Marusia Razmias, Paola Osorio Restrepo, Gladys Elizabeth Martinez, Jose Fernando Erazo Paredes, Esther Donaire-Padilla, Marjorie Alejandra Martinez Grijalva, Joseline Vanessa Mendez-Sanchez, Kimberly Dayan Sanchez-Ordonez. (Lable, Stephen) (Entered: 07/06/2007)	RECAP
82	July 6, 2007	Amended MOTION to Appear Pro Hac Vice by Stephen J. Lable for Carol A. Lafond by on behalf of Susana Rodriguez Blanco, Yarely Maribel Vasquez Sanchez, Andrea Osorio Restrepo, Antony Alexander Marti Grijalva, Jeniffer Castillo-Padilla, Antony Castanon Nartatez, Jonathan Castanon Nartatez, Marco Antonio Toruno-Altamirano, Fredy Lindolofo Pineda-Brisuela, Marusia Razmias, Paola Osorio Restrepo, Gladys Elizabeth Martinez, Jose Fernando Erazo Paredes, Esther Donaire-Padilla, Marjorie Alejandra Martinez Grijalva, Joseline Vanessa Mendez-Sanchez, Kimberly Dayan Sanchez-Ordonez. (Lable, Stephen) (Entered: 07/06/2007)	RECAP
83	July 10, 2007	ORDER terminating 81 Motion to Appear Pro Hac Vice; granting 82 Motion to Appear Pro Hac Vice (Lafond) Signed by Judge Sam Sparks. (jg3, ) (Entered: 07/10/2007)	RECAP
	July 11, 2007	Pro Hac Vice Fee Paid by Carol A. Lafond; Filing fee $ 25, receipt number 406957. (jg3, )
84	July 23, 2007	WITNESS/EXHIBIT/EXPERT LIST by Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash. (Lawrence, Victor) (Entered: 07/23/2007)	RECAP
85	July 24, 2007	ORDER.... Docket Call set for 7/30/2007 01:30 PM in Courtroom before Honorable Sam Sparks.... Signed by Judge Sam Sparks. (jg3, ) (Entered: 07/24/2007)	RECAP
86	July 27, 2007	ORDERED that the docket call scheduled for July 30, 2007 and the hearing scheduled for August 3, 2007... are CANCELLED. Signed by Judge Sam Sparks. (td, ) (Entered: 07/27/2007)	RECAP
87	July 27, 2007	Notice of Alternative Dispute Resolution Outcome: Setted during ADR. Amount of fee: n/a. (mc2, ) (Entered: 07/27/2007)	RECAP
88	Aug. 8, 2007	SUPPLEMENTAL REPORT OF MEDIATOR...signed by United States Magistrate Judge Austin... (jg3, ) (Entered: 08/08/2007)	RECAP
89	Aug. 17, 2007	MOTION to Continue Defendants' Motion to Postpone Trial Date to Enable the Parties to Continue Settlement Discussions by Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Lawrence, Victor) (Entered: 08/17/2007) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER	RECAP
90	Aug. 20, 2007	MOTION to Continue Trial Date and Set Deadline for Submission of Final Settlement Agreement by Susana Rodriguez Blanco, Yarely Maribel Vasquez Sanchez, Andrea Osorio Restrepo, Antony Alexander Marti Grijalva, Jeniffer Castillo-Padilla, Antony Castanon Nartatez, Jonathan Castanon Nartatez, Marco Antonio Toruno-Altamirano, Fredy Lindolofo Pineda-Brisuela, Marusia Razmias, Paola Osorio Restrepo, Gladys Elizabeth Martinez, Jose Fernando Erazo Paredes, Esther Donaire-Padilla, Marjorie Alejandra Martinez Grijalva, Joseline Vanessa Mendez-Sanchez, Kimberly Dayan Sanchez-Ordonez. (Attachments: # 1 Proposed Order)(Bhat, Gouri) (Entered: 08/20/2007) 1 Proposed Order View on PACER	RECAP
91	Aug. 21, 2007	ORDER TO SHOW CAUSE: Show Cause Hearing set for 8/24/2007 02:00 PM before Honorable Sam Sparks.. Signed by Judge Sam Sparks. (jg3, ) (Entered: 08/21/2007)	RECAP
93	Aug. 24, 2007	Minute Entry for proceedings held before Judge Sam Sparks : Show Cause Hearing held on 8/24/2007 (Minute entry documents are not available electronically.). Parties to continue mediation with Judge Austin on 8/24/07... (Court Reporter Lily Reznik.)(jg3, ) (Entered: 08/27/2007)	RECAP

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Case Details

State / Territory:

Texas

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 6, 2007

Closing Date: Oct. 6, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Immigrant children detained at the the T. Don Hutto Detention Center, Taylor, Texas.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Immigrants' Rights Project

ACLU National (all projects)

ACLU National Prison Project

National Center for Youth Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

U.S. Department of Homeland Security

U.S. Immigration and Customs Enforcement

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Other Dockets:

Western District of Texas 1:07-cv-00164

Western District of Texas 1:07-cv-00459

Western District of Texas 1:07-cv-00158

Western District of Texas 1:07-cv-00456

Western District of Texas 1:07-cv-00454

Western District of Texas 1:07-cv-00460

Western District of Texas 1:07-cv-00461

Western District of Texas 1:07-cv-00310

Western District of Texas 1:07-cv-00309

Western District of Texas 1:07-cv-00452

Western District of Texas 1:07-cv-00380

Western District of Texas 1:07-cv-00453

Western District of Texas 1:07-cv-00458

Western District of Texas 1:07-cv-00457

Western District of Texas 1:07-cv-00381

Western District of Texas 1:07-cv-00455

Western District of Texas 1:07-cv-00383

Western District of Texas 1:07-cv-00382

Western District of Texas 1:07-cv-00384

Western District of Texas 1:07-cv-00166

Western District of Texas 1:07-cv-00165

Western District of Texas 1:07-cv-00161

Western District of Texas 1:07-cv-00162

Western District of Texas 1:07-cv-00163

Western District of Texas 1:07-cv-00167

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Order Duration: 2007 - 2009

Issues

Immigration/Border:

Constitutional rights

Detention - conditions

Detention - criteria

Family Separation

Recommended Citation

Case Summary of In re Hutto Family Detention Center, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/9492/ (last updated 6/8/2012).