Case: BRG of Dickens County v. U.S.

5:98-cv-00169 | U.S. District Court for the Northern District of Texas

Filed Date: June 24, 1998

Closed Date: 1998

Clearinghouse coding complete

Case Summary

On August 15, 1997, the Department of Justice [DOJ] notified Dickens County, Texas, that it was initiating an investigation of certain conditions of confinement at the Dickens County Correctional Center ("DCCC") in Spur, Texas, pursuant to the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997 et seq. At the time of the DOJ investigation, the DCCC was operated by a private jail company, BRG of Dickens County, Inc. and its subsidiaries [BRG].Following the conclusion of it…

On August 15, 1997, the Department of Justice [DOJ] notified Dickens County, Texas, that it was initiating an investigation of certain conditions of confinement at the Dickens County Correctional Center ("DCCC") in Spur, Texas, pursuant to the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997 et seq. At the time of the DOJ investigation, the DCCC was operated by a private jail company, BRG of Dickens County, Inc. and its subsidiaries [BRG].

Following the conclusion of its investigation, the DOJ was ready to issue its findings letter. In an attempt to stop the DOJ, BRG obtained a TRO in Texas state court on June 18, 1998, enjoining the DOJ from issuing the findings letter. The DOJ removed the matter to the U.S. District Court for the Northern District of Texas.

On June 29, 1998, the District Court (Judge Sam R. Cummings) granted BRG leave to file an amended complaint. The First Amended Complaint, filed on July 1, 1998, alleged that the DOJ violated the provisions of CRIPA and violated a confidentiality agreement between the DOJ and BRG. The DOJ moved to dismiss.

On July 17, 1998, the District Court dismissed the case and dissolved the state court's TRO. In the dismissal order, Judge Cummings noted that BRG was essentially attempting to challenge the DOJ's certification process which was not subject to judicial review.

The PACER docket does not reflect that BRG filed a notice of appeal in the case and there was no further activity noted after the dismissal.

Summary Authors

Dan Dalton (2/25/2007)

People

Judge(s)

Cummings, Samuel Ray (Texas)

Attorney for Plaintiff

Johnson, D. Thomas (Texas)

Attorney for Defendant

Frost, E. Scott (Texas)

Masling, Mark S. (District of Columbia)

Nelson, Mellie H. (District of Columbia)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

5:98-cv-00169

Docket [PACER]

BRG of Dickens County v. Reno

July 17, 1998

July 17, 1998

Docket
15

5:98-cv-00169

Judgment / Order [of Dismissal]

July 17, 1998

July 17, 1998

Order/Opinion

Docket

Last updated March 24, 2025, 8:28 a.m.

ECF Number Date Description Link
1 June 24, 1998

NOTICE OF REMOVAL OF STATE COURT ACTION AGAINST THE UNITED STATES DEPARTMENT OF JUSTICE TO THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS; (State Court papers attached) (fgf) (Entered: 06/25/1998)

PACER
2 June 26, 1998

SCHEDULING ORDER setting Joining of Parties on 3:00 9/15/98 ; Amending of Pleadings on 3:00 9/15/98 ; Discovery cutoff 3:00 4/15/99 ; Deadline for filing of dispositive motions 3:00 12/15/98 including motions for summary judgment ; unless otherwise identified pursuant to written discovery, experts must be disclosed by 3:00 pm on 12/15/98; ( signed by SRC) Copies to counsel: 6/26/98 Page(s): 2 (fgf) (Entered: 06/26/1998)

PACER
3 June 29, 1998

MOTION by defendant Janet Reno to dismiss and to declare a nullity an illegal TRO (klj) (Entered: 06/29/1998)

PACER
4 June 29, 1998

MEMORANDUM by defendant Janet Reno in support of [3-1] motion to dismiss and to declare a nullity an illegal TRO (klj) (Entered: 06/29/1998)

PACER
5 June 29, 1998

Minute order: Hearing on argument on Motion to be Held before Judge Sam R. Cummings continued until 10:00 7/7/98. Court Reporter: Shawn McRoberts (dad) (Entered: 06/30/1998)

PACER
July 1, 1998

Tele-conference held (fgf) (Entered: 07/02/1998)

PACER
6 July 2, 1998

ORDER by teleconference held 7/1/98, the Court established the following deadlines; hrg on pla's request for a preliminary injunction is postponed until further order of the court; pla will have until 3:00 p.m. on 7/7/98 to file resonse to def's motion to dismiss; def will have until 3:00 p.m. 7/8/98 to file responsive pleadings to any of the amended pleadings that pla shall file by 4:00 p.m. on 7/1/98; parties agreed to postpone resolution of any discovery issues until after the Court has made a ruling on defendant's motion to dismiss; ( signed by SRC) Copies to counsel: 7/2/98 Page(s) 1 (fgf) (Entered: 07/02/1998)

PACER
7 July 2, 1998

AMENDED COMPLAINT by plaintiff BRG of Dickens , (Answer due 9/2/98 for Janet Reno ) amending (fgf) (Entered: 07/02/1998)

PACER
7 July 2, 1998

DEMAND for jury trial by plaintiff BRG of Dickens (fgf) (Entered: 07/02/1998)

PACER
8 July 7, 1998

RESPONSE by plaintiff BRG of Dickens to [3-1] motion to dismiss and to declare a nullity an illegal TRO (dad) (Entered: 07/08/1998)

PACER
9 July 8, 1998

STIPULATION MOTION by plaintiff BRG of Dickens, defendant Janet Reno to extend time for plaintiff to reply to defendants' memorandum which will be served and filed on 7/8/98 to 7/14/98 at 11:00 CST (fgf) (Entered: 07/08/1998)

PACER
10 July 8, 1998

UNITED STATES DEPARTMENT OF JUSTICE'S MOTION to dismiss plaintiff's first amended complaint (fgf) (Entered: 07/08/1998)

PACER
11 July 8, 1998

MEMORANDUM by defendant Janet Reno in support of [10-1] motion to dismiss plaintiff's first amended complaint (fgf) (Entered: 07/08/1998)

PACER
12 July 9, 1998

ORDER granting [9-1] motion to extend time for plaintiff to reply to defendants' memorandum which will be served and filed on 7/8/98 to 7/14/98 at 11:00 CST ( signed by SRC) Copies to counsel: 7/9/98 Page(s) 1 (fgf) (Entered: 07/09/1998)

PACER
13 July 14, 1998

RESPONSE by plaintiff BRG of Dickens to [10-1] motion to dismiss plaintiff's first amended complaint (dad) (Entered: 07/14/1998)

PACER
14 July 17, 1998

ORDER granting [10-1] motion to dismiss plaintiff's first amended complaint, mooting [3-1] motion to dismiss and to declare a nullity an illegal TRO ( signed by SRC) Copies to counsel: 7/17/98 Page(s) 6 (dad) (Entered: 07/17/1998)

PACER
15 July 17, 1998

JUDGMENT ( signed by SRC) Copies to counsel: 7/17/98 Page(s): 1 (dad) (Entered: 07/17/1998)

PACER
July 17, 1998

Case closed (dad) (Entered: 07/17/1998)

PACER

Case Details

State / Territory:

Texas

Case Type(s):

Prison Conditions

Key Dates

Filing Date: June 24, 1998

Closing Date: 1998

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A private, for-profit corporation operating the Dickens County Correctional Center

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Dickens County

Private Entity/Person

BRG of Dickens County

Case Details

Causes of Action:

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Other Dockets:

Northern District of Texas 5:98-cv-00169

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

Litigation

Recommended Citation