ODonnell v. Harris County, Texas et al

Filing 386

ORDER entered DENYING 382 MOTION for Summary Judgment MOTION to Amend 54 Amended Complaint/Counterclaim/Crossclaim etc. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
MARANDA LYNN ODONNELL, et al.,
On behalf of themselves and all others
similarly situated,
Plaintiffs,
VS.
HARRIS COUNTY, TEXAS, et al.,
Defendants.

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February 21, 2018
David J. Bradley, Clerk

CIVIL ACTION NO. H-16-1414

ORDER DENYING DEVIN COLE’S MOTION
Devin Paul Cole filed a motion seeking: (1) to be added to the consolidated class of
plaintiffs; (2) a hearing and briefing so that the plaintiffs’ counsel can advise the plaintiffs of their
federal due-process and equal-protection rights to sue the defendants for money damages; (3)
$100,000 in damages each for Miranda Lynn ODonnell, Loetha Shanta McGruder, Robert Ryan
Ford, and himself; (4) leave to amend the class-action complaint; and (5) judgment in favor of the
plaintiffs after they amend the complaint. (Docket Entry No. 382). Mr. Cole states that he refuses
to consent or agree to a settlement awarding less than $100,000 for each plaintiff. Id. at 4.
Mr. Cole’s request is precluded on several grounds. First, he is not a member of the class
of misdemeanor arrestees on whose behalf this case is being litigated. He is currently in the Mark
W. Stiles Unit in Jefferson County, Texas, after being held in Harris County jail. (Id. at 7; Docket
Entry No. 297-1). He appears to have been convicted on his felony aggravated assault charge.
(Docket Entry No. 382 at 7; Docket Entry No. 297-1). Second, to the extent that, during the
pendency of this class action, Mr. Cole is arrested and held on misdemeanor charges in Harris
County, his interests are adequately represented by able class counsel. Finally, Mr. Cole’s motion
seeks considerable changes in the scope of and grounds for relief, after lengthy and vigorous

motions, briefs, evidence, and arguments have resulted in trial and appellate court rulings defining
both. His motion lacks any basis in the record or in the law.
Mr. Cole’s motion, (Docket Entry No. 382), is denied.
SIGNED on February 21, 2018, at Houston, Texas.
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Lee H. Rosenthal
Chief United States District Judge

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