Gonzales v. Cassidy,

474 F.2d 67 (5th Cir. 1973)

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Nature of the Case

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Facts

Gaytan filed a class action suit against Clifton Cassidy (D) the chairman of the Texas Department of Public Safety seeking declaratory relief and an injunction that the Texas Responsibility Act was unconstitutional. Gaytan's driving license and registration receipt on his vehicle was suspended after an accident because Gaytan did not post a security bond for damages claimed by an adverse party. Gaytan eventually got full relief but did not appeal the court's order for the denial of retroactive relief to the other members of the class. Gonzales (P) filed a class action suit against D seeking the same relief as Gaytan; this suit was filed on June 24, 1970, before the Gaytan case was heard on remand. The Gaytan case was heard on remand on June 30, 1971. On July 1, 1971, the Gonzales court issued a TRO in favor of Gonzales prohibiting suspension of licenses, etc. On August 19, 1971, the Gaytan court entered its amended and final order. On August 25, 1971, the Gonzales court ordered a show cause hearing regarding the permanency of its TRO. The Gonzales court held the Gaytan matter as res judicata. P appealed.