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MAURIE LEVIN,NAOMI TERR, HILARY SHEARD, RAMIRO HERNANDEZ LLANAS and TOMMY LYNN SELLS Plaintiffs
TEXAS DEPARTMENT OF CRIMINAL JUSTICE, Defendant
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IN THE DISTRICT COURT OF
TRAVIS COUNTY, TEXAS
20lst JUDICIAL DISTRICT
MAURIE LEVIN, NAOMI TERR, HILARY SHEARD, RAMIRO HERNANDEZ LLANAS and TOMMY LYNN SELLS, plaintiffs in this cause, have filed a petition for a temporary injunction supported by verified evidence and, in connection therewith, have presented a request for a temporary restraining order, as set forth in their petition. The Court determines from the facts set forth in their petition and verified evidence that unless TEXAS DEPARTMENT OF CRIMINAL JUSTICE, defendant, is immediately ordered to disclose information requested by Plaintiffs under the Texas Public Information Act, it will continue to withhold the foregoing information before notice can be given and a hearing is had on plaintiffs' motion for a temporary injunction; and further, that if the disclosure of this information is not ordered immediately, plaintiffs will suffer irreparable injury because Plaintiffs' constitutional right to be free from cruel and unusual punishment cannot be protected in the absence of the requested information; their ability to vindicate their constitutional rights will be significantly undermined; that the harm that will occur between this date and the date of a temporary injunction hearing cannot be remedied or redressed in the form of an award of damages or other
remedies at law; and further, that there will be no detriment to defcndant, monetary or otherwise, by the issuance of a temporary rcstraining order. IT IS, THEREFORE, ORDERED that THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE, Defendant in this cause, be, and hereby is, enjoined and commanded forthwith to desist and refrain from withholding the information requested by Plaintiffs fl'om the date of entry of this order until and to the fourteenth day after entry or until further order of this Court. IT IS THUS ORDERED, pursuant to TEX. GOV'T CODE §552.322, that the information requested by the plaintiffs in their Texas Public Information Act requests on or about March 18, 2014, shall be made available to the following legal counsel only, Maurie Levin, Naomi Terr, Hilary Sheard, Philip Durst and Manuel Quinto-Pozos on or before noon on March 28, 2014, (and to the Court assigned to the Temporary Injunction hearing, in camera if so requested, pursuant to TEX. GOV'T CODE §552.3221). The information provided to the above-named lawyers is produced under the following protective order (until further order of the Court): These lawyers are permitted to review these documents only for purposes of providing legal assistance to their incarcerated clients facing execution and for no other purpose. The
information disclosed by defendant can only be used for the purpose of litigation on behalf of prisoners Ramiro Hernandez Llanas and Tommy Lynn Sells with any challenges to the lethal injection process under federal or state law. If any pleading uses information subject to this order, then the identity of the drug supplier or distributor shall not be included in any public filing. IT IS FURTHER ORDERED that the petition of MAURIE LEVIN, NAOMI TERR, HILARY SHEARD, RAMIRO HERNANDEZ LLANAS and TOMMY LYNN SELLS, Plaintiffs, for temporary injunction be heard on the 10th day of April, 2014, at 2:00 o'clock,
p.m., in the courtroom of the ____ District Court in the Hemann Marion Sweatt Travis County Courthouse in Austin, Travis County, Texas. The clerk of the above-entitled Court shall forthwith, on the filing by plaintiff of the bond hereinafter required, and on approving the same according to the law, issue a temporary restraining order in conformity with the law and the terms of this order. This order shall not be effective unless and until Plaintiffs execute and file with the clerk a bond, in conformity with the law, in the amount of $100.00.
IL to· SIGNED this 27 day of March, 2014, at :G2y'clock, p.m.
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Approved as to forl11 only;
Counsel for Plaintiffs
Counsel for Defendant