Case: U.S.A. v. State of Texas

7:08-cv-00038 | U.S. District Court for the Southern District of Texas

Filed Date: Feb. 1, 2008

Closed Date: May 8, 2011

Clearinghouse coding complete

Case Summary

In September 2006, the Civil Rights Division of the U.S. Department of Justice ("DOJ") conducted a consensual investigation of Texas' Evins Regional Juvenile Center ("Evins") pursuant to the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997, and the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141. The investigation led to a "findings letter" which reported that Evins violated residents' constitutional rights by not adequately protecting the child…

In September 2006, the Civil Rights Division of the U.S. Department of Justice ("DOJ") conducted a consensual investigation of Texas' Evins Regional Juvenile Center ("Evins") pursuant to the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997, and the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141. The investigation led to a "findings letter" which reported that Evins violated residents' constitutional rights by not adequately protecting the children confined there from harm.

The report findings included inadequate staffing and reliance on camera surveillance that had "blind spots" allowed for a rate of youth-on-youth assaults at Evins five times the national average, a dysfunctional grievance system, together with inadequacies in staffing, programming, and classification, frequent chaotic violence, poor design which exacerbated the problems of inadequate staffing, a lack of incentives to reward positive behavior and failure to provide programming sufficient to alleviate boredom also contributed to frequent fighting among residents. Youths were not classified by age or seriousness of offense, nor were efforts made to segregate the violent from the non-violent. The DOJ also found that Evins' slow grievance system, in which the residents lacked confidence, contributed to the state's failure to ensure a reasonably safe environment.

Staff-on-resident violence, too, existed at unacceptably high levels due to overworked and under-trained staff. Documentation and review of incidents were insufficient to promote safety. Inadequacies in restraint usage reporting and review also permitted abuses to continue.

On February 1, 2008, DOJ brought an action under 42 U.S.C. § 14141 in the U.S. District Court for the Southern District of Florida, McAllen Division, to enjoin the State of Texas from depriving youth confined at Evins privileges or immunities secured or protected by the Constitution and laws of the United States. The complaint alleges that Defendants have engaged, and continued to engage, in a pattern or practice of failing to ensure that the youth at Evins are adequately protected from harm and from undue risk of harm from staff assault and youth-on-youth assault, of failing to provide youth at Evins adequate due process, of failing to ensure that youth at Evins receive adequate rehabilitative treatment.

On the same day, the parties also filed an Agreed Proposed Order to settle the case. On May 8, 2008, Chief Judge Ricardo H. Hinojosa approved the Agreed Order and the case was terminated. Pursuant to terms and requirements of the Agreed Order, the State of Texas agrees to develop and implement policies, procedures, and practices to protect youth from harm, to report staff misconduct and other serious incidents, to provide staff, volunteers and contractual employees of Evins with training regarding their responsibilities, etc. The State also agrees that the DOJ shall monitor the State's compliance with this Agreed Order. The DOJ's monitoring shall include, on-site inspections of Evins, interviews with Evins youth, staff, and administrators, and a review of relevant documents. The DOJ shall retain a juvenile justice consultant with expertise in protection of youth from harm within the context of the operation of a secure juvenile justice facility to assist the DOJ in its monitoring activities. DOJ shall routinely report its assessment of the state's compliance to the Court. The Agreed Order shall terminate three years from the date it is ordered by the Court.

On May 5, 2011, DOJ filed the Sixth Compliance Report with the Court, stating that the State had achieved substantial compliance with the Agreed Order.  The parties attended a post-Order status conference on August 12, 2011, where it was once again determined that Texas was in substantial compliance with all the provisions of the agreement. The case is now closed.

 

Summary Authors

Xin Chen (5/21/2011)

Ellie Morvatz (11/9/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14237490/parties/united-states-v-state-of-texas/


Judge(s)

Hinojosa, Ricardo H. (Texas)

Attorney for Plaintiff

England, Sheridan Leigh (District of Columbia)

Fleisher, Aaron S (District of Columbia)

Jackson, Shelley (District of Columbia)

Attorney for Defendant
Expert/Monitor/Master/Other

Abbott, Greg (Texas)

Documents in the Clearinghouse

Documents in this case

7:08-cv-00038

Docket [PACER]

U.S.A. v. State Of Texas

July 18, 2011

July 18, 2011

Docket

Re: Evins Regional Juvenile Center, Edinburg, Texas

DOJ Investigation -- Evins Regional Juvenile Center, Edinburg, Texas

No Court

March 15, 2007

March 15, 2007

Findings Letter/Report
1

7:08-cv-00038

Complaint

Feb. 1, 2008

Feb. 1, 2008

Complaint
2

7:08-cv-00038

Agreed [Proposed] Order

Feb. 1, 2008

Feb. 1, 2008

Pleading / Motion / Brief
11

7:08-cv-00038

Agreed [Final] Order

April 11, 2008

April 11, 2008

Settlement Agreement
35

7:08-cv-00038

Compliance Report

May 5, 2011

May 5, 2011

Monitor/Expert/Receiver Report

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14237490/united-states-v-state-of-texas/

Last updated Nov. 5, 2025, 8:10 p.m.

ECF Number Date Description Link
1 Feb. 1, 2008

COMPLAINT against all defendants filed by UNITED STATES OF AMERICA.(Wyatt, Keith) (Entered: 02/01/2008)

Clearinghouse
2 Feb. 1, 2008

Agreed PROPOSED ORDER, filed.(Wyatt, Keith) (Entered: 02/01/2008)

Clearinghouse
3 Feb. 4, 2008

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 4/9/2008 at 02:30 PM before Judge Ricardo H. Hinojosa. Parties notified.(bgarces, ) (Entered: 02/04/2008)

RECAP
4 Feb. 14, 2008

NOTICE of Designation of Attorney in Charge by State Of Texas, Texas Youth Commission, Richard Nedelkoff, Dimitria D. Pope, Melody Vidaurri, filed. (Todd, James) (Entered: 02/14/2008)

RECAP
5 Feb. 16, 2008

Joint MOTION for Entry of Order re: by United States of America, filed. Motion Docket Date 3/7/2008. (Wyatt, Keith) (Entered: 02/16/2008)

RECAP
6 Feb. 28, 2008

NOTICE of Setting. Parties notified. Motion Hearing set for 3/17/2008 at 04:00 PM before Judge Ricardo H. Hinojosa, filed. (bgarces, ) (Entered: 02/28/2008)

RECAP
7 March 11, 2008

MOTION for Daniel H. Weiss to Appear Pro Hac Vice by United States of America, filed. Motion Docket Date 3/31/2008. (Wyatt, Keith) (Entered: 03/11/2008)

RECAP
8 March 14, 2008

ORDER granting 7 Motion for Daniel H. Weiss to Appear Pro Hac Vice.( Signed by Judge Ricardo H. Hinojosa ) Parties notified.(mzamarripa, ) (Entered: 03/26/2008)

RECAP
March 17, 2008

Minute Entry for proceedings held before Judge Ricardo H. Hinojosa. Hearing on Joint Motion for Entry of Proposed Agreed Order held on 3/17/2008. All parties present. The Court GRANTS the Motion to Appear Pro Hac Vice of Mr. Daniel Weiss. After some discussion the parties request from the Court that they continue this discussion at the next scheduled hearing which is 4/9/08 at 2:30 p.m. so that the parties can have some further time to discuss the matters brought up by the Court. The Court instructs the parties to file a motion for continuance of the 4/9/08 hearing if they need additional time for further discussion. Appearances:Daniel Weiss. James C Todd.(ERO:Tony Tijerina), filed.(smartinez, )

9 March 31, 2008

TRANSCRIPT of HEARING ON JOINT MOTION FOR ENTRY OF PROPOSED AGREED ORDER held on March 17, 2008 before Judge Ricardo H. Hinojosa. ERO: Antonio Tijerina. Transcript is available for viewing in the office of the clerk, filed. (Attachments: # 1 Continuation) (atijerina, ) (Entered: 04/01/2008)

RECAP
April 4, 2008

ORAL ORDER by Judge Ricardo H. Hinojosa: Initial Pretrial and Scheduling Conference reset for 4/11/2008 at 02:30 PM before Judge Ricardo H. Hinojosa. Parties notified.(mzamarripa, ) (Entered: 04/04/2008)

PACER
April 4, 2008

ORAL ORDER by Judge Ricardo H. Hinojosa: Initial Pretrial and Scheduling Conference reset for 4/11/2008 at 02:30 PM before Judge Ricardo H. Hinojosa. Parties notified.(mzamarripa, )

10 April 8, 2008

SUPPLEMENT to 5 Joint MOTION for Entry of Order re: by United States of America, filed. (Attachments: # 1 Proposed Order Revised Agreed Order# 2 Affidavit Declaration of Jon Trzinski# 3 Exhibit Report and CV of Jon Trzinski# 4 Affidavit Declaration and CV of Stan DeGerolami)(Weiss, Daniel) (Entered: 04/08/2008)

RECAP
April 11, 2008

Minute Entry for proceedings held before Judge Ricardo H. Hinojosa. STATUS CONFERENCE held on 4/11/2008. All parties present. The Court has reviewed the agreed order submitted by the parties. After some suggestions, the parties agree and will file a revised agreed order for the Court's consideration. Appearances: James C Todd, Daniel H Weiss.(ERO:Tony Tijerina), filed.(smartinez, ) (Entered: 04/17/2008)

PACER
11 April 11, 2008

Amended PROPOSED ORDER re: 5 Joint MOTION for Entry of Order re:, filed.(Weiss, Daniel) (Entered: 04/11/2008)

Clearinghouse
April 11, 2008

Minute Entry for proceedings held before Judge Ricardo H. Hinojosa. STATUS CONFERENCE held on 4/11/2008. All parties present. The Court has reviewed the agreed order submitted by the parties. After some suggestions, the parties agree and will file a revised agreed order for the Court's consideration. Appearances: James C Todd, Daniel H Weiss.(ERO:Tony Tijerina), filed.(smartinez, )

12 May 5, 2008

JUDGMENT of the Court. Case terminated on 05/05/2008.(Signed by Judge Ricardo H. Hinojosa) Parties notified.(mzamarripa, ) (Entered: 05/05/2008)

RECAP
13 Nov. 5, 2008

STATUS REPORT by United States of America, filed.(England, Sheridan) (Entered: 11/05/2008)

RECAP
14 April 29, 2009

STATUS REPORT by United States of America, filed.(England, Sheridan) (Entered: 04/29/2009)

RECAP
15 April 29, 2009

NOTICE of Appearance by Aaron Fleisher on behalf of United States of America, filed. (England, Sheridan) (Entered: 04/29/2009)

RECAP
16 May 19, 2009

NOTICE of Setting. Parties notified. Status Conference set for 6/5/2009 at 02:30 PM before Judge Ricardo H. Hinojosa, filed. (bgarces, ) (Entered: 05/19/2009)

RECAP
17 Oct. 28, 2009

NOTICE of Appearance by Charles W. Hart, Jr. on behalf of United States of America, filed. (England, Sheridan) (Entered: 10/28/2009)

RECAP
18 Oct. 28, 2009

NOTICE of Appearance by Winsome G. Gayle on behalf of United States of America, filed. (England, Sheridan) (Entered: 10/28/2009)

RECAP
19 Nov. 4, 2009

STATUS REPORT by United States of America, filed.(England, Sheridan) (Entered: 11/04/2009)

RECAP
20 May 5, 2010

MOTION for Daniel H. Weiss to Withdraw as Attorney by United States of America, filed. Motion Docket Date 5/26/2010. (England, Sheridan) (Entered: 05/05/2010)

RECAP
21 May 5, 2010

STATUS REPORT by United States of America, filed.(England, Sheridan) (Entered: 05/05/2010)

RECAP
22 May 6, 2010

ORDER striking 20 Motion to Withdraw as Attorney.(Signed by Chief Judge Ricardo H. Hinojosa) Parties notified.(bgarces, ) (Entered: 05/07/2010)

RECAP
23 May 11, 2010

Unopposed MOTION for Daniel H. Weiss to Withdraw as Attorney by United States of America, filed. Motion Docket Date 6/1/2010. (Attachments: # 1 Proposed Order draft order)(England, Sheridan) (Entered: 05/11/2010)

RECAP
24 May 12, 2010

ORDER granting 23 Motion to Withdraw as Attorney. Attorney Daniel H Weiss terminated.(Signed by Chief Judge Ricardo H. Hinojosa) Parties notified.(bgarces, ) (Entered: 05/14/2010)

RECAP
25 May 24, 2010

NOTICE of Setting. Parties notified. Status Conference set for 6/23/2010 at 04:00 PM before Chief Judge Ricardo H. Hinojosa, filed. (bgarces, ) (Entered: 05/25/2010)

RECAP
June 23, 2010

Minute Entry for proceedings held before Chief Judge Ricardo H. Hinojosa. STATUS CONFERENCE held on 6/23/2010. All parties present. The Court reviews with counsel the latest compliance report and his concerns regarding the ones listed as partial compliance. The Court instructs counsel to file their report when they need to file it and another Status Conference will be set up after that is done. The Court also instructed counsel to make the facility aware of the concerns the Court had with regards to the partial compliances listed on the report. Appearances: James C Todd, Sheridan Leigh England.(ERO:Tony Tijerina (4:03−4:20), filed.(smartinez, ) (Entered: 06/25/2010)

PACER
June 23, 2010

Minute Entry for proceedings held before Chief Judge Ricardo H. Hinojosa. STATUS CONFERENCE held on 6/23/2010. All parties present. The Court reviews with counsel the latest compliance report and his concerns regarding the ones listed as partial compliance. The Court instructs counsel to file their report when they need to file it and another Status Conference will be set up after that is done. The Court also instructed counsel to make the facility aware of the concerns the Court had with regards to the partial compliances listed on the report. Appearances: James C Todd, Sheridan Leigh England.(ERO:Tony Tijerina (4:03-4:20), filed.(smartinez, )

26 July 8, 2010

NOTICE of Appearance by Luis E. Saucedo on behalf of United States of America, filed. (England, Sheridan) (Entered: 07/08/2010)

RECAP
Aug. 2, 2010

AO 435 TRANSCRIPT ORDER FORM by Ayanna Brown. This is to order a transcript of STATUS CONFERENCE held on August 28, 2010 before Chief Judge Ricardo H. Hinojosa (original). Court Reporter/Transcriber: Exceptional Reporting, filed. (atijerina, ) (Entered: 08/13/2010)

PACER
Aug. 2, 2010

AO 435 TRANSCRIPT ORDER FORM by Ayanna Brown. This is to order a transcript of STATUS CONFERENCE held on August 28, 2010 before Chief Judge Ricardo H. Hinojosa (original). Court Reporter/Transcriber: Exceptional Reporting, filed. (atijerina, )

27 Sept. 15, 2010

TRANSCRIPT re: STATUS CONFERENCE held on 6/23/10 before Chief Judge Ricardo H. Hinojosa. Court Reporter/Transcriber EXCEPTIONAL REPORTING. Release of Transcript Restriction set for 12/14/2010., filed. (thudson, ) (Entered: 09/15/2010)

RECAP
28 Sept. 15, 2010

Notice of Filing of Official Transcript as to 27 Transcript. Party notified, filed. (atijerina, ) (Entered: 09/23/2010)

RECAP
29 Nov. 1, 2010

NOTICE of Appearance by Shelley Jackson on behalf of United States of America, filed. (England, Sheridan) (Entered: 11/01/2010)

RECAP
30 Nov. 2, 2010

NOTICE Vacation Letter by Texas Youth Commission, filed. (Todd, James) (Entered: 11/02/2010)

RECAP
31 Nov. 5, 2010

STATUS REPORT by United States of America, filed.(England, Sheridan) (Entered: 11/05/2010)

RECAP
32 Nov. 16, 2010

RESPONSE to United States' Fifth Compliance Report, filed by Dimitria D. Pope, Melody Vidaurri, Richard Nedelkoff, State Of Texas, Texas Youth Commission. (Todd, James) (Entered: 11/16/2010)

RECAP
Feb. 22, 2011

ORAL ORDER Status Conference set for 3/30/2011 at 04:00 PM before Chief Judge Ricardo H. Hinojosa.(by Chief Judge Ricardo H. Hinojosa) Parties notified.(klopez, ) (Entered: 02/22/2011)

PACER
Feb. 22, 2011

ORAL ORDER Status Conference set for 3/30/2011 at 04:00 PM before Chief Judge Ricardo H. Hinojosa.(by Chief Judge Ricardo H. Hinojosa) Parties notified.(klopez, )

33 March 24, 2011

MOTION for Shelley R. Jackson to Appear Pro Hac Vice by United States of America, filed. Motion Docket Date 4/14/2011. (Jackson, Shelley) (Entered: 03/24/2011)

RECAP
34 March 25, 2011

ORDER granting 33 Motion for Shelley R Jackson to Appear Pro Hac Vice.(Signed by Chief Judge Ricardo H. Hinojosa) Parties notified.(bgarces, ) (Entered: 03/28/2011)

RECAP
March 28, 2011

ORAL ORDER by Chief Judge Ricardo H. Hinojosa: Status Conference reset for 4/27/2011 at 04:00 PM before Chief Judge Ricardo H. Hinojosa. Parties notified.(bgarces, ) (Entered: 03/28/2011)

PACER
March 28, 2011

ORAL ORDER by Chief Judge Ricardo H. Hinojosa: Status Conference reset for 4/27/2011 at 04:00 PM before Chief Judge Ricardo H. Hinojosa. Parties notified.(bgarces, )

April 25, 2011

ORAL ORDER by Chief Judge Ricardo H. Hinojosa: Status Conference set for 4/27/11 is cancelled until further notice. Parties notified.(bgarces, )

35 May 5, 2011

Compliance Report by United States of America, filed.(Jackson, Shelley) (Entered: 05/05/2011)

Clearinghouse
June 1, 2011

ORAL ORDER Status Conference set for 7/19/2011 at 04:00 PM before Chief Judge Ricardo H. Hinojosa.(by Chief Judge Ricardo H. Hinojosa) Parties notified.(klopez, )

36 June 8, 2011

Unopposed MOTION to appear telephonically at 7-19-11 status hearing by United States of America, filed. Motion Docket Date 6/29/2011. (Jackson, Shelley) (Entered: 06/08/2011)

RECAP
37 June 8, 2011

ORDER striking 36 Motion to Appear Telephonically.(Signed by Chief Judge Ricardo H. Hinojosa) Parties notified.(bgarces, ) (Entered: 06/09/2011)

RECAP
38 June 9, 2011

MOTION to appear telephonically at 7-19-11 status conference by United States of America, filed. Motion Docket Date 6/30/2011. (Attachments: # 1 Proposed Order granting motion)(Jackson, Shelley) (Entered: 06/09/2011)

RECAP
June 29, 2011

ORAL ORDER by Chief Judge Ricardo H. Hinojosa: granting 38 MOTION to appear telephonically at 7-19-11 status conference. Parties notified.(bgarces, )

July 18, 2011

ORAL ORDER by Chief Judge Ricardo H. Hinojosa: Status Conference set for 07/19/2011 at 4:00 PM is cancelled until further notice. Parties notified.(szellers, )

July 24, 2011

ORAL ORDER Status Conference set for 8/12/2011 at 02:30 PM before Chief Judge Ricardo H. Hinojosa.(by Chief Judge Ricardo H. Hinojosa) Parties notified.(klopez, )

39 Aug. 1, 2011

Unopposed MOTION Unopposed Motion to Appear by Telephone by Dimitria D. Pope, Melody Vidaurri, Richard Nedelkoff, State Of Texas, Texas Youth Commission, filed. Motion Docket Date 8/22/2011. (Todd, James) (Entered: 08/01/2011)

RECAP
40 Aug. 1, 2011

Unopposed MOTION to Correct 39 Unopposed MOTION Unopposed Motion to Appear by Telephone by Dimitria D. Pope, Melody Vidaurri, Richard Nedelkoff, State Of Texas, Texas Youth Commission, filed. Motion Docket Date 8/22/2011. (Todd, James) (Entered: 08/01/2011)

RECAP
41 Aug. 1, 2011

MOTION for Luis Saucedo to Appear Pro Hac Vice by United States of America, filed. Motion Docket Date 8/22/2011. (Jackson, Shelley) (Entered: 08/01/2011)

RECAP
42 Aug. 1, 2011

Unopposed MOTION to appear telephonically at Aug. 12, 2011 status conference by United States of America, filed. Motion Docket Date 8/22/2011. (Attachments: # 1 Proposed Order Granting US Unopposed Motion to Appear Telephonically at Aug. 12, 2011 Hearing)(Jackson, Shelley) (Entered: 08/01/2011)

RECAP
43 Aug. 2, 2011

PROPOSED ORDER re: 40 Unopposed MOTION to Correct 39 Unopposed MOTION Unopposed Motion to Appear by Telephone, filed.(Todd, James) (Entered: 08/02/2011)

RECAP
44 Aug. 2, 2011

ORDER granting 41 Motion for Luis Saucedo to Appear Pro Hac Vice.(Signed by Chief Judge Ricardo H. Hinojosa) Parties notified.(bgarces, ) (Entered: 08/02/2011)

RECAP
Aug. 2, 2011

ORAL ORDER by Chief Judge Ricardo H. Hinojosa: granting 40 and 42 MOTIONS to appear telephonically at Aug. 12, 2011 status conference. Counsel to initiate the call. Parties notified.(bgarces, )

Aug. 12, 2011

Minute Entry for proceedings held before Chief Judge Ricardo H. Hinojosa. STATUS CONFERENCE held on 8/12/2011. Case is called on the docket. Parties appearing telephonically. The Court addresses the most recent compliance report. Mr. Saucedo advises the Court that the State has reached substantial compliance with all the provisions of the agreement. Mr. Saucedo also states there is no need for further action by the Court. Appearances: James C Todd f/d, Luis Saucedo f/p(ERO:Tony Tijerina), filed.(klopez, )

Case Details

State / Territory:

Texas

Case Type(s):

Juvenile Institution

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 1, 2008

Closing Date: May 8, 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

U.S. Department of Justice on behalf on inmates of Evins Regional Juvenile Center, Edinburg, Texas.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Texas Youth Commission

Facility Type(s):

Government-run

Case Details

Causes of Action:

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

Violent Crime and Law Enforcement Act, 34 U.S.C. § 12601 (previously 42 U.S.C. § 14141)

Other Dockets:

Southern District of Texas 7:08-cv-00038

Available Documents:

Complaint (any)

Findings Letter/Report

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

Order Duration: 2008 - 2011

Issues

General/Misc.:

Classification / placement

Staff (number, training, qualifications, wages)

Affected Sex/Gender(s):

Male

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by non-staff (facilities)

Assault/abuse by staff (facilities)

Grievance procedures

Recreation / Exercise

Recommended Citation