Document for ROBERT WAYNE MITCHELL vs. TDC, ID, BRYAN COLLIER

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                                NO. DC-23-04417

ROBERT WAYNE MITCHELL,                             §          IN THE DISTRICT COURT
                                                   §
          Plaintiff,                               §
                                                   §
vs.                                                §
                                                   §          298th   JUDICIAL DISTRICT
BRYAN COLLIER, EXECUTIVE                           §
DIRECTOR, TEXAS DEPARTNIENT                        §
OF CRIMINAL JUSTICE,                               §
                                                   §
          Defendant.                               §          DALLAS COUNTY, TEXAS
                                  TEMPORARY INJUNCTION
         On August 21, 2023, the Plaintiff’s Application for Temporary Injunction came

before the Court by Virtue    of the August 7, 2023, Order setting a hearing for Defendant to

show cause Why the Court should not grant Plaintiff’s application for Temporary

Injunction.     Present were Plaintiff, Plaintiff’s counsel, Defendant, and Defendant’s

Counsel. Given the facts of the case, the pleadings on file, and representations of counsel,

the Court is   of the opinion that Plaintiff has met his burden to demonstrate a probability of

success on the merits, and that immediate and irreparable harm will occur before trial

unless the relief set forth herein is granted.

         The Court finds that-

         l.       The facts set forth in the Verified Amended Petition show:          (l)   This

Court has jurisdiction over the present suit as one alleging ultra vires acts and Violation

of the Texas and United States Constitution against Bryan Collier as Executive Director

of the Texas Department of Criminal Justice; (2) Plaintiff is currently on parole under

the supervision    of the Paroles Division of the Texas Department of Criminal Justice;

(3)   A Parole Certificate   issued by the Texas Board of Pardons and Paroles dated May




TEMPORARY INJUNCTION — PAGE   1   of 3
17, 1999, establishes the anticipated date      of Plaintiff’ s completion of parole   as   July   12,

2021; (4) It is more than two years following the date of Plaintiff’ s anticipated

completion of parole; (5) Plaintiff believes he is subject to unlawful imminent

detention, revocation      of parole, and reincarceration by         the Texas Department          of

Criminal Justice beyond the period of time for which he was sentenced to incarceration;

and (6) this Court invokes and hereby exercises its jurisdiction over this matter.

        2.       The Court hereby finds that good cause exists for the entry of this

Temporary Injunction.

        3.       The Court hereby makes specific findings that all requirements of law

have been established for the entry of this Temporary Injunction, irreparable harm and

injury will accrue to Plaintiff unless the Temporary Injunction is issued, a potential and

probable right exists in favor of the Plaintiff, and probable injury for which no adequate

legal remedy exists would result unless the Court enters this Order.

                 a.   Plaintiff will be subject to the supervision of the Texas Department of

        Criminal Justice despite having completed parole;

                 b.   Plaintiff is likely to be subject to restriction of his personal liberty

        despite having completed parole; and

                 c.   Injury to Plaintiff is likely   if Defendant is not enjoined fiom seeking to

        detain Plaintifi', revoking Plaintiff’ s parole, and reincarcerating Plaintiff until the

        merits   of Plaintiff’s allegation of entitlement         to discharge fiom parole are

        determined by this Court.




TEMPORARY INJUNCTION — PAGE 2 of 3
                  d.       The Court finds that there is no other adequate remedy at law other

        than the entry     of a Temporary Injunction       to preserve the status quo, and the

        Plaintiff is entitled to the relief hereinafier granted. Allowing Defendant to restrict

        Plaintiff’s liberty, detain Plaintiff, revoke Plaintiff s parole, and reincarcerate

        Plaintiff While this action is adjudicated, over the facially valid objection it is in

        contravention of the Texas and United States Constitution, is not an adequate

        remedy at law.

        4.        It is, hereby,   ORDERED    that Defendant   BRYAN COLLIER, Executive

Director of the Texas Department of Criminal Justice, including the defendant's agents,

servants, employees, attorneys, representatives, and those persons or entities in active

concert or participation with them, are enjoined and prohibited from and shall desist and

refiain fiom the following, from and after the date of this Order, pending final trial herein:

                  a.   physically taking into custody or detaining plaintiff related to parole;

                  b.   revoking Plaintiff s parole;

                  c.   reincarcerating Plaintiff related to parole; or

                  d.   making any order of Plaintiff without prior written approval from
                       this Court;

        It is   ORDERED that this Temporary Injunction will continue until          the earlier   of

either the trial of this cause of action, agreement of the parties to dissolve this

Temporary Injunction, or further order of this Court.

SIGNED AND ENTERED on this the                    day of                     ,   2023.




                                                  JUDGE PRESIDING




TEMPORARY INJUNCTION — PAGE 3 of 3