Hernandez v. Texas Department of Criminal Justice, et al
| Alvaro Luna Hernandez |
| Texas Department of Criminal Justice, Bryan Collier, Larissa Wysocki, Bobby Lumpkin, Director, TDCJ, Paul Sundberg M.D., LVN Claudia Castro, LVN Melissa Urdiales, Nurse Malvika Goyel, Jessica Acevedo, RN C. Yount, Cynthia Myers, LMSW MHC Virginia Pavon, MS LPC Anne Boyce, LVN Alixandria Timbs, MS MHC Christie L Garcia, Gloria Marcos, RN R. Brown, McConnell Medical Unit John Does #1-10, McConnell Unit Staff John Does #1-7, McConnell Unit Classification Staff John Does #1-3, Chief Med. Officer Olubenga Ojo M.D., Warden Jekerria Carter, Major TDCJ Hospital John Doe, TDCJ Hospital John Does #1-10, TDCJ Classification John Does #1-5, Texas Board of Pardons and Parole, UTMB Galveston TDCJ and Major John Doe |
| 3:2025cv00402 |
| December 9, 2025 |
| U.S. District Court for the Southern District of Texas |
| Jeffrey V Brown |
| Andrew M Edison |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 5, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 57 RESPONSE to #55 First MOTION to Amend #17 Amended Complaint/Counterclaim/Crossclaim etc.,,, filed by Jessica Acevedo, Texas Board of Pardons and Parole, Anne Boyce, R. Brown, Jekerria Carter, Claudia Castro, Christie L Garcia, Bobby Lumpkin, Director, TDCJ, Gloria Marcos, Cynthia Myers, Olubenga Ojo M.D., Paul Sundberg M.D., Texas Department of Criminal Justice, Melissa Urdiales, Larissa Wysocki, C. Yount. (Iyer, Vishal) |
| Filing 56 MOTION to Dismiss by Jessica Acevedo, Anne Boyce, R. Brown, Claudia Castro, Christie L Garcia, Gloria Marcos, Cynthia Myers, Olubenga Ojo M.D., Paul Sundberg M.D., Melissa Urdiales, C. Yount, filed. Motion Docket Date 6/22/2026. (Attachments: #1 Proposed Order) (Iyer, Vishal) |
| Filing 55 First MOTION to Amend #17 Amended Complaint/Counterclaim/Crossclaim etc.,,, by Alvaro Luna Hernandez, filed. Motion Docket Date 6/18/2026. (Attachments: #1 Exhibit Ex 1: Proposed Second Amended Complaint, #2 Exhibit Ex 2: May 20 Letter PIR denial) (Freeman, Sandra) |
| Filing 54 REPLY in Support of #38 MOTION to Dismiss , filed by Texas Board of Pardons and Parole, Jekerria Carter, Bobby Lumpkin, Director, TDCJ, Texas Department of Criminal Justice, Larissa Wysocki. (Iyer, Vishal) |
| Filing 53 NOTICE of Appearance by Dustin S. McDaniel on behalf of Alvaro Luna Hernandez, filed. (McDaniel, Dustin) |
Filing 52
ORDER granting #51 Motion for Extension of Time Replies due by 5/29/2026.(Signed by Judge Jeffrey V Brown) Parties notified. (gc3)
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| Filing 51 Unopposed MOTION for Extension of Time to File Defendants' Reply in Support of their Motion to Dismiss by Texas Board of Pardons and Parole, Jekerria Carter, Bobby Lumpkin, Director, TDCJ, Texas Department of Criminal Justice, Larissa Wysocki, filed. Motion Docket Date 5/29/2026. (Attachments: #1 Proposed Order) (Iyer, Vishal) |
| Filing 50 RESPONSE to #38 MOTION to Dismiss filed by Alvaro Luna Hernandez. (Freeman, Sandra) |
| Filing 49 WAIVER OF SERVICE Returned Executed as to Olubenga Ojo M.D. served on 4/15/2026, answer due 6/15/2026, filed. (Freeman, Sandra) |
| Filing 48 WAIVER OF SERVICE Returned Executed as to R. Brown served on 4/15/2025, answer due 6/14/2025, filed. (Freeman, Sandra) |
| Filing 47 WAIVER OF SERVICE Returned Executed as to Gloria Marcos served on 4/15/2026, answer due 6/15/2026, filed. (Freeman, Sandra) |
| Filing 46 WAIVER OF SERVICE Returned Executed as to Christie L Garcia served on 4/15/2026, answer due 6/15/2026, filed. (Freeman, Sandra) |
| Filing 45 WAIVER OF SERVICE Returned Executed as to Anne Boyce served on 4/15/2026, answer due 6/15/2026, filed. (Freeman, Sandra) |
| Filing 44 WAIVER OF SERVICE Returned Executed as to Cynthia Myers served on 4/15/2026, answer due 6/15/2026, filed. (Freeman, Sandra) |
| Filing 43 WAIVER OF SERVICE Returned Executed as to C. Yount served on 4/15/2026, answer due 6/15/2026, filed. (Freeman, Sandra) |
| Filing 42 WAIVER OF SERVICE Returned Executed as to Jessica Acevedo served on 4/15/2026, answer due 6/15/2026, filed. (Freeman, Sandra) |
| Filing 41 WAIVER OF SERVICE Returned Executed as to Melissa Urdiales served on 4/15/2026, answer due 6/15/2026, filed. (Freeman, Sandra) |
| Filing 40 WAIVER OF SERVICE Returned Executed as to Claudia Castro served on 4/15/2026, answer due 6/15/2026, filed. (Freeman, Sandra) |
| Filing 39 WAIVER OF SERVICE Returned Executed as to Paul Sundberg M.D. served on 4/14/2026, answer due 6/15/2026, filed. (Freeman, Sandra) |
| Filing 38 MOTION to Dismiss by Texas Board of Pardons and Parole, Jekerria Carter, Bobby Lumpkin, Director, TDCJ, Texas Department of Criminal Justice, Larissa Wysocki, filed. Motion Docket Date 5/1/2026. (Attachments: #1 Proposed Order) (Iyer, Vishal) |
| Filing 37 NOTICE of Discharge and Transfer by Alvaro Luna Hernandez, filed. (Freeman, Sandra) |
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Filing 36
ORDER granting #35 Motion for Extension of Time.(Signed by Judge Jeffrey V Brown) Parties notified. (gc3)
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| Filing 35 Unopposed MOTION for Extension of Time Serve Amended Complaint by Alvaro Luna Hernandez, filed. Motion Docket Date 4/22/2026. (Freeman, Sandra) |
| Filing 34 WAIVER OF SERVICE Returned Executed as to Bobby Lumpkin, Director, TDCJ served on 3/23/2026, answer due 5/22/2026, filed. (Freeman, Sandra) |
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Filing 33
ORDER granting #32 Motion for Extension of Time Answer due by 4/10/2026.(Signed by Judge Jeffrey V Brown) Parties notified. (gc3)
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| Filing 32 Unopposed MOTION for Extension of Time file answer by Jekerria Carter, Texas Department of Criminal Justice, Larissa Wysocki, filed. Motion Docket Date 4/10/2026. (Attachments: #1 Proposed Order) (Iyer, Vishal) |
| Filing 31 Summons Issued as to Bobby Lumpkin, Director, TDCJ, Texas Department of Criminal Justice, Larissa Wysocki. Issued summons delivered to plaintiff by NEF, filed. (vp3) |
| Filing 30 Request for Issuance of Summons as to Texas Department of Criminal Justice, filed. (Attachments: #1 Continuation Lumpkin Summons Request, #2 Continuation Wysocki Summons Request) (Freeman, Sandra) |
| Filing 29 RETURN of Service of SUMMONS Executed as to Bryan Collier served on 12/22/2025, answer due 1/12/2026, filed. (Freeman, Sandra) |
| Filing 28 WAIVER OF SERVICE Returned Executed as to Jekerria Carter served on 2/11/2026, answer due 4/13/2026, filed. (Freeman, Sandra) |
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Filing 27
ORDER granting #23 Motion for Extension of Time Answer due by 3/20/2026.(Signed by Judge Jeffrey V Brown) Parties notified. (gc3)
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| Filing 26 Summons Issued as to Jessica Acevedo, Anne Boyce, R. Brown, Jekerria Carter, Claudia Castro, Christie L Garcia, Malvika Goyel, Gloria Marcos, Cynthia Myers, Olubenga Ojo M.D., Virginia Pavon, Paul Sundberg M.D., Alixandria Timbs, Melissa Urdiales, C. Yount. Issued summons delivered to plaintiff by NEF, filed. (vp3) |
| Filing 25 NOTICE of Appearance by Carson W. Young on behalf of Texas Department of Criminal Justice, Larissa Wysocki, filed. (Young, Carson) |
| Filing 24 Request for Issuance of Summons as to All Defendants, filed. (Attachments: #1 Continuation Boyce Summons, #2 Continuation Yount Summons, #3 Continuation Garcia Summons, #4 Continuation Castro Summons, #5 Continuation Myers Summons, #6 Continuation Marcos Summons, #7 Continuation Acevedo Summons, #8 Continuation Goyel Summons, #9 Continuation Urdiales Summons, #10 Continuation Sundberg Summons, #11 Continuation Brown Summons, #12 Continuation Pavon Summons, #13 Continuation Ojo Summons, #14 Continuation Carter Summons) (Freeman, Sandra) |
| Filing 23 MOTION for Extension of Time to file answer. by Texas Department of Criminal Justice, Larissa Wysocki, filed. Motion Docket Date 2/10/2026. (Attachments: #1 Proposed Order) (Iyer, Vishal) |
| Filing 22 Summons Issued as to Texas Board of Pardons and Parole. Issued summons delivered to plaintiff by NEF, filed. (vp3) |
| Summons Not Issued as to Jessica Acevedo, Anne Boyce, R. Brown, Jekerria Carter, Claudia Castro, Christie L Garcia, Malvika Goyel, Gloria Marcos, Cynthia Myers, Olubenga Ojo M.D., Virginia Pavon, Paul Sundberg M.D., Alixandria Timbs, Melissa Urdiales, C. Yount due to these deficiencies: Defendant's address of not listed. Attorney or Plaintiff notified of deficiencies by NEF, filed. (vp3) |
| Filing 21 Request for Issuance of Summons as to Alvaro Luna Hernandez, filed. (Attachments: #1 Continuation Castro Summons, #2 Continuation Urdiales Summons, #3 Continuation Goyel Summons, #4 Continuation Acevedo Summons, #5 Continuation Yount Summons, #6 Continuation Myers Summons, #7 Continuation Pavon Summons, #8 Continuation Boyce Summons, #9 Continuation Timbs Summons, #10 Continuation Garcia Summons, #11 Continuation Marcos Summons, #12 Continuation Brown Summons, #13 Continuation Ojo Summons, #14 Continuation Carter Summons, #15 Continuation P&P Board Summons) (Freeman, Sandra) |
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Filing 20
ORDER denying. (Signed by Judge Jeffrey V Brown) Parties notified. (gc3)
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| Filing 19 MOTION for Discovery by Alvaro Luna Hernandez, filed. Motion Docket Date 1/27/2026. (Freeman, Sandra) |
| Minute Entry for proceedings held before Judge Jeffrey V Brown. PRELIMINARY INJUNCTION HEARING held on 1/6/2026 #18 Amended Denying MOTION for Preliminary Injunction, #19 MOTION for Discovery ; Motion-related deadline set re: #18 Amended MOTION for Preliminary Injunction, Denying #19 MOTION for Discovery.. Appearances: Sandra Christine Freeman, Vishal Venkatesh Iyer.(Court Reporter: Laura Wells), filed. (gc3) |
| Filing 18 Amended MOTION for Preliminary Injunction by Alvaro Luna Hernandez, filed. Motion Docket Date 1/26/2026. (Freeman, Sandra) |
| Filing 17 First AMENDED COMPLAINT with Jury Demand against All Defendants filed by Alvaro Luna Hernandez. (Attachments: #1 Exhibit Ex 1: Dona Murphey CV, #2 Exhibit Ex 2: November 22, 2025 Murphey Letter, #3 Exhibit Ex 3: December 2, 2025 Murphey Eval, #4 Exhibit Ex 4: Redacted Medical Record, #5 Exhibit Ex 5: Declaration Maria Salazar, #6 Exhibit Exhibit 6: December 9, 2025 Report, #7 Exhibit Ex 7: June 2022 DRC Appeal, #8 Exhibit Ex 8: July 2022 DRC Appeal Attorney Correspondence, #9 Exhibit Ex 9: April May 2024 Grievance Attorney Correspondence, #10 Exhibit Ex 10: June 2024 Digital Mail Center Grievance, #11 Exhibit Ex 11: Midland Crime Lab Report, #12 Exhibit Ex 12: 2002 STG Paperwork and Appeal, #13 Exhibit Ex 13: Texas Rangers Bicentennial, #14 Exhibit Ex 14: April 2023 Letter to Biden Garland, #15 Exhibit Ex 15: August 2023 Call for UN Complaints) (Freeman, Sandra) |
| Filing 16 NOTICE Defendants' Notice of Discharge by Texas Department of Criminal Justice, Larissa Wysocki, filed. (Iyer, Vishal) |
| Filing 15 Minute Entry: After talking to the lawyers on both sides, Judge Edison has determined that it does not make sense to conduct a formal mediation session at this time. Judge Edison will continue to monitor this matter and invites the parties to reach out to discuss settlement if this case survives the pleading stage. (rrc3) |
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Filing 14
AMENDED ORDER (Signed by Judge Jeffrey V Brown) Parties notified. (gc3)
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Filing 13
TEMPORARY RESTRAINING ORDER denying. (Signed by Judge Jeffrey V Brown) Parties notified. (gc3)
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| Filing 12 NOTICE of Resetting. Parties notified. Injunction Hearing set for 1/6/2026 at 09:00 AM in by video before Judge Jeffrey V Brown, filed. (gc3) |
| Minute Entry for proceedings held before Judge Jeffrey V Brown. MOTION HEARING held on 12/19/2025 denying #3 Ex Parte MOTION for Temporary Restraining Order, #4 MOTION for Temporary Restraining Order Hearing re: #3 Ex Parte MOTION for Temporary Restraining Order ( Injunction Hearing set for 1/6/2026 at 09:00 AM in Sixth Floor Courtroom Galveston before Judge Jeffrey V Brown). Appearances: Sandra Christine Freeman, Vishal Venkatesh Iyer.(Court Reporter: Laura Wells), filed. (gc3) |
| Filing 11 RESPONSE to #3 Ex Parte MOTION for Temporary Restraining Order, #4 MOTION for Temporary Restraining Order Hearing re: #3 Ex Parte MOTION for Temporary Restraining Order filed by Larissa Wysocki. (Iyer, Vishal) |
| Filing 10 RETURN of Service of SUMMONS Executed as to Larissa Wysocki served on 12/15/2025, answer due 1/5/2026, filed. (Freeman, Sandra) |
| Filing 9 NOTICE of Setting re: #4 MOTION for Temporary Restraining Order Hearing re: #3 Ex Parte MOTION for Temporary Restraining Order. Parties notified. Motion Hearing set for 12/19/2025 at 10:00 AM in by video before Judge Jeffrey V Brown, filed. (gc3) |
| Filing 8 NOTICE of Setting re: #4 MOTION for Temporary Restraining Order Hearing re: #3 Ex Parte MOTION for Temporary Restraining Order. Parties notified. Motion Hearing set for 12/19/2025 at 10:00 AM in before Judge Jeffrey V Brown, filed. (gc3) Modified on 12/17/2025 (gc3). |
| Filing 7 Summons Issued as to Texas Department of Criminal Justice, Bryan Collier, Larissa Wysocki. Issued summons delivered to plaintiff by NEF, filed. (agg3) Modified on 1/21/2026 (vp3). |
| Filing 6 Request for Issuance of Summons as to Alvaro Luna Hernandez, filed. (Attachments: #1 Continuation Exec Dir Bryan Collier Summons, #2 Continuation Warden Larissa Wysocki Summons) (Freeman, Sandra) |
| Filing 5 CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (bsg4) |
| Filing 4 MOTION for Temporary Restraining Order Hearing re: #3 Ex Parte MOTION for Temporary Restraining Order by Alvaro Luna Hernandez, filed. Motion Docket Date 12/31/2025. (Freeman, Sandra) |
| Filing 3 Ex Parte MOTION for Temporary Restraining Order by Alvaro Luna Hernandez, filed. Motion Docket Date 12/31/2025. (Attachments: #1 Exhibit Ex 1: CV Murphey, #2 Exhibit Ex 2: November 22, 2025 Murphey Letter, #3 Exhibit Ex 3: December 2, 2025 Murphey Eval, #4 Exhibit Ex 4: ALH Redacted Medical Records, #5 Exhibit Ex 5: Declaration of Maria Salazar, #6 Exhibit Ex 6: December 9, 2025 Murphey Report) (Freeman, Sandra) |
| Filing 2 Request for Issuance of Summons as to Alvaro Luna Hernandez, filed. (Attachments: #1 Errata Summons L. Wysocki) (Freeman, Sandra) |
| Filing 1 COMPLAINT against Alvaro Luna Hernandez (Filing fee $ 405 receipt number ATXSDC-34661995) filed by Alvaro Luna Hernandez. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Ex 1: Murphey CV, #3 Exhibit Ex 2: Nov. 22, 2025 Murphey Letter, #4 Exhibit Ex 3: December 2, 2025 Murphey Evaluation, #5 Exhibit Ex 4: ALH Redacted Medical Record, #6 Exhibit Ex 5: Declaration of Maria Salazar, #7 Exhibit Ex 6: Dec. 9, 2025 Final Report Murphey) (Freeman, Sandra) |
| Referral Judge Selected: Magistrate Judge Andrew M. Edison selected to receive referrals. The selected Magistrate Judge is not assigned to this case until a District Judge refers the case or a motion or the parties consent to jurisdiction of the Magistrate Judge. Once a referral has been made, the name of the referral judge will appear at the top of the docket sheet. (bsg4) |
| Summons Not Issued as to Bryan Collier, Texas Department of Criminal Justice due to these deficiencies: Only one party may be listed for service per summons. Summons Not Issued as to Lisa Wysocki due to these deficiencies: Party named on summons is not a named defendant on the case. Attorney or Plaintiff notified of deficiencies by NEF, filed. (vp3) |
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