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Motion to Recuse Judge Lynn Hughes

Motion to Recuse Judge Lynn Hughes

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Published by david_lat
Motion to recuse Judge Lynn Hughes
Motion to recuse Judge Lynn Hughes

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Published by: david_lat on Feb 01, 2013
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03/26/2014

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IN THE UNITED STATES DISTRICT COURT FOR THESOUTHERN DISTRICT OF TEXASHOUSTON DIVISIONJITENDRA "JT" SHAH,§Plaintiff,§§v.§ Civil Action No. 4:12-CV-02126§ JURY DEMANDEDTEXAS DEPARTMENT OF §CRIMINAL JUSTICE,§Defendant.§PLAINTIFF'S FIRST AMENDEDOPPOSED MOTIONTO RECUSE THE HONORABLE LYNN N. HUGHES
 Pursuant to 24 U.S.C. §144 and 28 U.S.C.§455, Plaintiff, Jitendra "JT" Shah (“Shah”),respectfully requests that, in this national origin and race discrimination case, the presiding judge, The Honorable Lynn N. Hughes, recuse himself because Judge Hughes' impartialitymight reasonably be questioned, and/or because Judge Hughes has demonstrated actual biasor prejudice against Shah based on Shah's Indian nationality and Asian race, and againstother similarly situated plaintiffs claiming national origin and/or race discrimination, as well.Shah further requests that the Chief Judge of the United States District Court of the SouthernDistrict of Texas reassign this case to one of the many other judges in this District whoseimpartiality cannot reasonably be questioned and who have not demonstrated actual bias or  prejudice towards similarly situated victims of discrimination.
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Case 4:12-cv-02126 Document 30 Filed in TXSD on 01/31/13 Page 1 of 17
 
I. FACTSA.TDCJ’s Alleged Race/National Origin Discrimination Against Shah
Shah was born in Gujarat, India in 1941. Shah is Hindu. Shah is dark skinned. Shahspeaks with an accent, but has lived in the United States since 1967. Shah and his wife are proud United States Citizens, having earned their citizenship in 1988.
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Shah earned a Bachelor of Engineering (BE) in the disciplines of mechanical/electrical engineering from Maharaja Sayajiro University (MSU), Baroda, Indiain 1965. Shah came to the United States to study engineering and earned his Master of Engineering (ME) in mechanical/industrial engineering from Iowa State University in 1969.Shah completed his Master of Business Administration (MBA) from Chicago's NorthwesternUniversity in 1974. Shah is a Professional Engineer (PE), licensed by the Texas Board of Professional Engineers (TBPE) since 1979, and also licensed by the States of Illinois and New Mexico. Shah is a Certified Cost Engineer (CCE), licensed by the AmericanAssociation of Cost Engineers (AACE) International.
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 On February 9, 1998, the Texas Department of Criminal Justice ("TDCJ") hired Shahas an Engineer IV in its Facilities Division of TDCJ.
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In order to voluntarily comply with theTexas Engineering Practice Act, TDCJ previously entered into an Agreement with TexasBoard of Professional Engineers. In December of 1998, the Facilities Division Director 
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Ex. 1, Aff. Jitendra Shah ¶¶ 2, 3, 4, 11, 12 (Jan. 28, 2013).
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Ex. 1, Aff. Jitendra Shah ¶¶6, 7, 8, 9, 10 (Jan. 28, 2013).
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Ex. 1, Aff. Jitendra Shah ¶13 (Jan. 28, 2013).
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Case 4:12-cv-02126 Document 30 Filed in TXSD on 01/31/13 Page 2 of 17
 
agreed to provide Shah to Texas Correctional Industries on a full time basis, although Shahcontinued reporting to the TDCJ Facilities Division on a dotted line basis.
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 Shah was promoted to Engineer VI in 1999. Briefly, Shah’s position title was changedto Engineer V in 2001, which Shah challenged, and he was immediately reclassified back toEngineer VI.In April of 2001, Texas Correctional Industries and Transportation and Supplywere merged to form the Manufacturing and Logistics Division. Shah's duties doubled.
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In 2001, Shah filed a written grievance against the Deputy Director of TDCJ'sFacilities Division, claiming discrimination and harassment based on national origin, race,and color. TDCJ issued an internal report that found there is "no evidence that Mr. Shah is being treated differently because of he is of East Asian decent [sic]."
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In March of 2004, TDCJ awarded retention pay raises to Facilities Division engineers.However, TDCJ did not award Shah any such raise. Shah’s position title was again changed back to Engineer V in 2006. Shah’s performance reviews consistently evidenced that heexceeded standards in all or most categories.
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 In June of 2009, TDCJ awarded all Facilities Engineers—most of whom are Whiteand natural born citizens—another retention pay increase. Once again, TDCJ did not awardShah a retention pay increase.
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Ex. 1, Aff. Jitendra Shah ¶¶13, 14, 15 (Jan.28, 2013).
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Ex. 1, Aff. Jitendra Shah ¶¶16, 17, 18, 19, 20 (Jan.28, 2013).
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Ex. 1, Aff. Jitendra Shah ¶¶20, 21 (Jan.28, 2013).
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Ex. 1, Aff. Jitendra Shah ¶¶22, 23, 24 (Jan.28, 2013).
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Ex. 1, Aff. Jitendra Shah ¶25 (Jan.28, 2013).
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Case 4:12-cv-02126 Document 30 Filed in TXSD on 01/31/13 Page 3 of 17

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