Henry Simpson v. Kolton Stoker, et al.

CourtDistrict Court, S.D. Texas
DecidedDecember 30, 2025
Docket4:25-cv-04488
StatusUnknown

This text of Henry Simpson v. Kolton Stoker, et al. (Henry Simpson v. Kolton Stoker, et al.) is published on Counsel Stack Legal Research, covering District Court, S.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Henry Simpson v. Kolton Stoker, et al., (S.D. Tex. 2025).

Opinion

□ Southern District of Texas . ENTERED December 30, 2025 UNITED STATES DISTRICT COURT Nathan Ochsner, Clerk . SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION HENRY SIMPSON, § (TDCJ #00899703), § — § Plaintiff, § § VS. . § CIVIL ACTION NO. H-25-4488 § KOLTON STOKER, et al., § § § Defendants. § ORDER DENYING MOTION TO CERTIFY A CLASS The plaintiff, Henry Simpson (TDCJ #00899703), is a state inmate currently incarcerated at the Pack I Unit of the Texas Department of Criminal Justice— Correctional Institutions Division. Proceeding pro se and in forma pauperis, he filed

a complaint under 42 U.S.C. § 1983, alleging that four employees of the University of Texas Medical Branch violated his civil rights by denying him certain medical

care and by taking improper co-payments from his inmate account. (Dkt. 1). On □

December 1, 2025, the Court ordered Simpson to provide a more definite statement of his claims. (Dkt. 9). Simpson has not yet complied with that order. Instead, he has now filed a motion to certify his action as a class action. (Dkt. 10). This motion is denied for the reasons explained below.

I. BACKGROUND On September 22, 2015, Simpson filed a complaint under § 1983, seeking declaratory and injunctive relief based on alleged violations of his civil rights. (Dkt. 1). Because the complaint was not filed on the approved form for prisoner civil- rights complaints, the Court ordered Simpson to file an amended complaint on the

proper form. (Dkt. 6). Simpson filed his amended complaint on October 9, 2025. (Dkt. 8). In his amended complaint, Simpson sues TDCJ employees Kolton Stoker, Susan Odak, L. Tanner-Harrell, and E. Maxxie, all of whom he alleges work at the Pack I Unit. (/d. at 3). Simpson alleges that in April 2025, his prescribed medical “rollator” broke. (Id. at 4). He alleges that he was prescribed a new rollator and was issued a medical pass to be allowed to have it in his possession. (Id). Simpson alleges that he “re-ordered the exact same one as previously allowed,” but defendants Odak, Tanner-Harrell, and Maxxie each refused to allow him to have the rollator when it arrived. (/d.). He alleges that the rollator was prescribed by “several expert doctors” and that Odak, Tanner-Harrell, and Maxxie are retaliating against him and denying him his Eighth Amendment right to medical care by refusing to allow him to have and use the prescribed rollator. (/d.).

In what appears to be a second claim, Simpson alleges that defendant Stoker has engaged in a scheme to fraudulently collect co-payments for medical visits that 2/8

should be exempt from payment under TDCJ policies. (/d.). He alleges that defendants Odak, Tanner-Harrell, and Maxxie have assisted Stoker with perpetrating this allegedly fraudulent scheme. (/d.). Simpson admits that at least some of the allegedly improper co-payments were later refunded to him after an investigation. (Id.). He contends that these actions violate his Fourth Amendment right to be free from illegal seizures. (/d.). As relief, Simpson asks the Court to order that he be given his prescribed

medical rollator, along with compensation and punitive damages. (/d.). He does not

specify the relief he would like for the allegedly improper co-payments. Simpson’s action is governed by the Prison Litigation Reform Act (PLRA), which requires the Court to screen complaints filed by prisoners seeking relief from the government as soon as feasible after docketing and dismiss any claims that are frivolous or malicious, that fail to state a claim upon which relief can be granted, or that seek money damages from a defendant who is immune from such relief. 28 U.S.C. § 1915A(a); see also 28 U.S.C. § 1915(e) (providing for the screening of suits filed by persons proceeding in forma pauperis). To facilitate this screening, the Court ordered Simpson to file a more definite statement of his claims. (Dkt. 9). This Order included specific questions intended to clarify the factual basis for Simpson’s claims against each defendant. (d.). Simpson’s response is not yet due, so the required screening is not yet complete. 3/8

Simpson has now filed a motion asking the Court to certify this case as a class action. (Dkt. 10). In his motion, Simpson states that inmates Perry Patterson and Michael Hernandez have each filed civil-rights actions in the Southern District of Texas alleging claims against defendant Stoker for fraudulently collecting co- payments for medical visits. (Jd. at 1). Simpson alleges that the funds are being taken despite notifications to stop, that the funds are being refunded only after investigations that show fraud, and that these facts show that Stoker is deliberately violating TDCJ policy. Ud.). Simpson alleges that his claims, along with those of Patterson and Hernandez, raise common questions of law and fact that should be considered together. (/d.). Simpson also alleges that “multiple other prisoners” have the same claim and will seek to join the class action. (Id. at 2). He asks the Court to certify a class action as to his claims against only defendant Stoker and only as to the “illegally seized co-pay fees.” (/d.). Il. DISCUSSION “The class action is an exception to the usual rule that litigation is conducted by and on behalf of the individual named parties only.” Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338, 348 (2011) (quoting Califano v. Yamasaki, 442 U.S. 682, 700— 01 (1979)) (cleaned up). To obtain class certification, a litigant must demonstrate that: (1) the class is so numerous that joinder of all members is □ 4/8

impracticable; (2) there are questions of law or fact common to the class; (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and (4) the representative parties will fairly and adequately protect the interests of the class. □ FED R. Civ. P. 23(a); see also Dukes, 564 U.S. at 349 (listing the four threshold requirements of numerosity, commonality, typicality, and adequacy of representation for purposes of class certification under Rule 23(a)). In addition, the proposed class must satisfy at least one of the three requirements listed in Rule 23(b). See Amchem Prods., Inc. v. Windsor, 521 U.S. 591, 613-14 (1997). The party | seeking class certification has the burden to establish that all the required elements

are satisfied. See Gene & Gene LLC v. BioPay LLC, 541 F.3d 318, 325 (5th Cir. 2008); O’Sullivan v. Countrywide Home Loans, Inc., 319 F.3d 732, 737-38 (Sth Cir. 2003). If any one of the requirements is not satisfied, denial of the motion for class certification is warranted. Even if the Court assumes that Simpson could meet the first three threshold requirements for class certification, he cannot meet the fourth requirement of adequacy of representation. To meet the adequacy requirement “the court must find that class representatives, their counsel, and the relationship between the two are adequate to protect the interests of absent class members.” Unger v. Amedisys Inc., 401 F.3d 316, 321 (Sth Cir. 2005) (citing Stirman v. Exxon Corp., 280 F.3d 554, 562

5/8

(5th Cir. 2002)).

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Bluebook (online)
Henry Simpson v. Kolton Stoker, et al., Counsel Stack Legal Research, https://law.counselstack.com/opinion/henry-simpson-v-kolton-stoker-et-al-txsd-2025.