ODonnell v. Harris County, Texas et al

Filing 464

ORDER entered regarding 463 MOTION for Clarification: The Sheriff asked the court to clarify whether, with the Fifth Circuit's temporary stay ofSections (7), (8), (9), and (16) of the Amended Preliminary Injunction Order, any misdemeanorar restees must be released by the Sheriff on an unsecured bond. The answer is no. The originalPreliminary Injunction Order will dissolve when the Amended Preliminary Injunction Order takeseffect on July 30, 2018. Sections (1)(6), (10)(15), and (17)(18) do not require the Sheriff torelease misdemeanor arrestees, either before a hearing and individual assessment or after 48 hoursif a hearing and individual assessment are not provided. The Amended Preliminary Injunction Orderdoes not, however, prohib it the Sheriff from releasing, or otherwise limit the Sheriffs authority torelease, misdemeanor arrestees as appropriate under the law or any other rule, custom, or practice.The court appreciates the Sheriff's commitment to ensuring timely compliance with thecourt's Amended Preliminary Injunction Order. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)

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,
v.
HARRIS COUNTY, TEXAS, et al.,
Defendants.

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CIVIL ACTION NO. H-16-1414

ORDER
Harris County Sheriff Ed Gonzalez has asked for clarification of the Amended Preliminary
Injunction Order issued on June 29, 2018. (Docket Entry No. 463). The court clarifies the Order,
as stated below.
The Sheriff asked the court to clarify whether, with the Fifth Circuit’s temporary stay of
Sections (7), (8), (9), and (16) of the Amended Preliminary Injunction Order, any misdemeanor
arrestees must be released by the Sheriff on an unsecured bond. The answer is no. The original
Preliminary Injunction Order will dissolve when the Amended Preliminary Injunction Order takes
effect on July 30, 2018. Sections (1)–(6), (10)–(15), and (17)–(18) do not require the Sheriff to
release misdemeanor arrestees, either before a hearing and individual assessment or after 48 hours
if a hearing and individual assessment are not provided. The Amended Preliminary Injunction Order
does not, however, prohibit the Sheriff from releasing, or otherwise limit the Sheriff’s authority to
release, misdemeanor arrestees as appropriate under the law or any other rule, custom, or practice.

The court appreciates the Sheriff’s commitment to ensuring timely compliance with the
court’s Amended Preliminary Injunction Order.
SIGNED on July 29, 2018, at Houston, Texas.

______________________________________
Lee H. Rosenthal
Chief United States District Judge

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