MEB/Courthouse News Service/Courthouse Response to Injunction/dcp
filed in Harris County. Plaintiff further alleges that under the changes implemented byDefendants, Plaintiff must wait anywhere from two to five days to access the vast majority of new petitions through a section of the Harris County District Clerk’s web site.
1, page 2.2.
Plaintiff alleges that the Harris County District Clerk’s new procedures violate itsconstitutional rights under the First Amendment, as well as its rights under federal common lawand the Texas Constitution. Plaintiff alleges that the new procedure violates its rights under Rule76a, Texas Rules of Civil Procedure. Plaintiff seeks preliminary and permanent injunctive relief from the alleged denial of access, a declaratory judgment, and attorneys’ fees and costs.3.
Defendants deny that any constitutional violation has occurred and assert that itsprocedures constitute a reasonable time, place or manner restriction. Defendants further denythat Plaintiff is entitled to the relief it seeks.4.
This Court entered its Order on June 18, 2009, setting a preliminary injunctionhearing for June 25, 2009. The Court further ordered Defendants to file their Response Brief byJune 22, 2009. Defendants have filed an Unopposed Motion for Extension of Time. Defendantsfile this Response pursuant to the Court’s Order.
Attached hereto as
and incorporated by reference for all purposesherein is the Affidavit of Loren Jackson (“Jackson Affidavit”). Loren Jackson is the duly electedDistrict Clerk of Harris County, Texas. Mr. Jackson was elected to that office on November 4,2008 and sworn in to fill the unexpired term on November 18, 2008. In that capacity, he servesas the custodian of records for the Harris County Civil District Courts. Mr. Jackson isresponsible for the care, supervision, custody and control of court records for fifty-nine (59)
Case 4:09-cv-01844 Document 14 Filed in TXSD on 06/23/09 Page 2 of 13