Havens v City of Colorado City, Texas
| Texas Northern District Court | |
| Judge: | James Wesley Hendrix |
| Case #: | 1:25-cv-00070 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1331 Federal Question: Other Civil Rights |
| Case Filed: | May 03, 2025 |
| Last checked: Thursday Oct 30, 2025 2:27 AM CDT |
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Defendant
City of Colorado City, Texas
180 W. 3rd
Colorado City, TX 79512 |
Represented By
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Defendant
Ruben Hurt
in his personal and official capacities 180 W. 3rd
Colorado City, TX 79512 |
Represented By
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Defendant
Donna Madrid
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Represented By
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Defendant
Kyle Strickland
in his personal, supervisory, and official capacities Colorado City Police Department 201 W. 3rd
Colorado City, TX 79512 |
Represented By
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Plaintiff
Jason Havens
Law Offices of CJ Grisham 3809 S. General Bruce Dr Suite 103-101
Temple, TX 76502 |
Represented By
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| Docket last updated: 27 minutes ago |
| Monday, February 02, 2026 | ||
| 15 | 15
notice
Notice of Change of Address
Mon 02/02 4:24 PM
NOTICE of Change of Address for Attorney Jon Mark Hogg on behalf of City of Colorado City, Texas. (Filer confirms contact info in ECF is current.) (Hogg, Jon) |
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| Wednesday, January 21, 2026 | ||
| 14 | 14
misc
Certificate Of Interested Persons/Disclosure Statement
Wed 01/21 8:58 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Jason Havens. (Clerk QC note: No affiliate entered in ECF). (Grisham, CJ) |
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| 13 | 13
misc
Certificate Of Interested Persons/Disclosure Statement
Wed 01/21 3:05 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by City of Colorado City, Texas. (Clerk QC note: No affiliate entered in ECF). (Hogg, Jon) (Main Document 13 replaced after flattening on 1/21/2026) (amg) |
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| 12 | 12
answer
Answer to Complaint
Wed 01/21 2:40 PM
ANSWER to1 Complaint,,,,, filed by City of Colorado City, Texas. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Hogg, Jon) |
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| Thursday, January 08, 2026 | ||
| 11 | 11
30+
pgs
order
Order ~Util - Add and Terminate Parties ~Util - Terminate Motions
Thu 01/08 10:20 AM
ORDER. The Court grants in part and denies in part the defendants' motion to dismiss. The Court grants the motion as to all claims except the Monell claim against the City for the alleged violation of the plaintiff's Second Amendment right to bear arms. The plaintiff has alleged facts to state plausible claims for violation of his Second and Fourth Amendment constitutional rights. However, the plaintiff has failed to allege facts that state plausible claims under the First and Ninth Amendments or Section 1985. As to the City, the plaintiff has successfully pled a Monell claim for violation of his Second Amendment right to bear arms based on its official policy of banning firearms in the civic center, but failed to state a Monell claim for violation of the plaintiff's Fourth Amendment right to be free from unreasonable seizure. As to the individual defendants, even though the plaintiff has successfully pled Second and Fourth Amendment claims, they are entitled to qualified immunity from such claims. The plaintiff failed to plead any specific conduct on the part of Hurt and Madrid with respect to the unreasonable seizure, and the illegality of the individual defendants' alleged conduct with respect to both constitutional violations was not clearly established at the time of the alleged violation. Accordingly, the Court dismisses all claims against Hurt, Madrid, and Strickland, and all claims against the City except the Second Amendment claim for the alleged violation of the plaintiff's right to bear arms. Kyle Strickland, Ruben Hurt and Donna Madrid terminated. (Ordered by Judge James Wesley Hendrix on 1/8/2026) (amg) |
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| Monday, October 27, 2025 | ||
| 10 | 10
misc
Proposed Scheduling and Discovery Order
Mon 10/27 5:10 PM
Proposal for contents of scheduling and discovery order by Jason Havens. (Grisham, CJ) |
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| Wednesday, October 22, 2025 | ||
| 9 | 9
2
pgs
order
Order
Wed 10/22 10:58 AM
ORDER. By prior order entered in this case on June 30, 2025, the Court ordered "[l]ead counsel for each party (or a designee attorney with appropriate authority) and any unrepresented party...shall confer at a scheduling conference as soon as practicable, but in any event no later than July 14, 2025." Dkt. No.4 at 1. The docket in this case reflects that the parties and their counsel of record have failed to comply with the Court's order. Accordingly, the parties and their counsel of record shall comply with the Court's prior Order Requiring Scheduling Conference and Report for Contents of Scheduling Order within seven (7) days of the date of this order and submit a joint report. (Ordered by Judge James Wesley Hendrix on 10/22/2025) (amg) |
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| Tuesday, August 05, 2025 | ||
| 8 | 8
respm
Reply
Tue 08/05 2:01 PM
REPLY filed by City of Colorado City, Texas, Ruben Hurt, Donna Madrid, Kyle Strickland re:5 Motion to Dismiss for Failure to State a Claim (Hogg, Jon) |
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| Tuesday, July 22, 2025 | ||
| 7 | 7
respm
Response/Objection
Tue 07/22 7:46 PM
RESPONSE filed by Jason Havens re:5 Motion to Dismiss for Failure to State a Claim (Grisham, CJ) |
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| Tuesday, July 08, 2025 | ||
| 6 | 6
misc
Certificate Of Interested Persons/Disclosure Statement
Tue 07/08 10:26 AM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by City of Colorado City, Texas, Ruben Hurt, Donna Madrid, Kyle Strickland. (Clerk QC note: Affiliate entry indicated). (Hogg, Jon) (Main Document 6 replaced after flattening on 7/8/2025) (amg) |
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| Monday, July 07, 2025 | ||
| 5 | 5
motion
Dismiss for Failure to State a Claim
Mon 07/07 5:18 PM
Motion to Dismiss for Failure to State a Claim filed by City of Colorado City, Texas, Ruben Hurt, Donna Madrid, Kyle Strickland with Brief/Memorandum in Support. Attorney Jon Mark Hogg added to party City of Colorado City, Texas(pty:dft), Attorney Jon Mark Hogg added to party Ruben Hurt(pty:dft), Attorney Jon Mark Hogg added to party Donna Madrid(pty:dft), Attorney Jon Mark Hogg added to party Kyle Strickland(pty:dft) (Hogg, Jon) |
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| Monday, June 30, 2025 | ||
| 4 | 4
5
pgs
order
Order for Scheduling Order Proposal
Mon 06/30 10:50 AM
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. Lead counsel for each party (or a designee attorney with appropriate authority) and any unrepresented party (except for a prisoner litigant proceeding pro se) shall confer at a scheduling conference as soon as practicable, but in any event no later than July 14, 2025. The Joint Report shall be filed on or before July 28, 2025. The filing of the Joint Report is mandatory. Lead counsel for plaintiff is responsible for initiating contact with opposing counsel and all unrepresented parties for the purpose of arranging the scheduling conference and preparing the Joint Report. Lead counsel for all parties and unrepresented parties are equally responsible for ensuring timely compliance with this Order. At least one counsel for each party and all unrepresented parties shall sign the Joint Report prior to filing. (Ordered by Judge James Wesley Hendrix on 6/30/2025) (amg) |
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| Monday, May 12, 2025 | ||
| 3 | 3
service
Waiver of Service Returned
Mon 05/12 9:32 PM
WAIVER OF SERVICE Returned Executed as to All Defendants. (Grisham, CJ) |
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Att: 1
Waiver of Service - Madrid,
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Att: 2
Waiver of Service - Strickland,
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Att: 3
Waiver of Service - Hurt
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| Monday, May 05, 2025 | ||
| 2 | 2
qcref
Hendrix
Mon 05/05 10:05 AM
New Case Notes: A filing fee has been paid. (skh) |
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| Saturday, May 03, 2025 | ||
| 1 | 1
cmp
Complaint
Sat 05/03 12:06 AM
COMPLAINT WITH JURY DEMAND against City of Colorado City, Texas, Ruben Hurt, Kyle Strickland, donna madrid filed by Jason Havens. (Filing fee $405; Receipt number ATXNDC-15472405) Summons(es) not requested at this time. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the[LINK:Judges Copy Requirements] and[LINK:Judge Specific Requirements] is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Grisham, CJ) |
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Att: 1
Cover Sheet,
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Att: 2
CERTIFICATE OF INTERESTED PERSONS
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