Collin County Transcript 416-00049-2020

Page 1
1 REPORTER'S RECORD
VOLUME 2 OF 3 VOLUMES
2 TRIAL COURT CAUSE NOS. 416-00049-2020
COURT OF APPEALS CAUSE NO. 05-20-00098-CV
3
RYAN GALLAGHER ) IN THE DISTRICT COURT
4 )
)
5 VS. )
) COLLIN COUNTY, TEXAS
6 )
CITY OF AUSTIN, COLLIN )
7 COUNTY, STATE OF TEXAS, )
TEXAS ATTORNEY GENERAL ) 416TH JUDICIAL DISTRICT
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13 *********************************************************
14 MOTIONS HEARING
15 *********************************************************
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21 On the 23rd day of January, 2020, the following
22 proceedings came on to be held in the above-titled and
23 numbered cause before the Honorable Andrea Thompson, Judge

24 Presiding, held in McKinney, Collin County, Texas.
25 Proceedings reported by computerized stenotype machine.
Tonya Lebo, CSR #7891

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1 APPEARANCES
2 MR. RYAN SASHA GALLAGHER
8150 North Stemmons Freeway
3 Suite B2021
Dallas, Texas 75247
4 E-mail: mahatmajapa@gmail.com
PLAINTIFF APPEARING PRO SE
5
6
MR. ROBERT J. DAVIS
7 SBOT NO. 05543500
MATTHEWS, SHIELS, KNOTT, EDEN, DAVIS & BEANLAND, L.L.P.
8 8131 LBJ Freeway
Suite 700
9 Dallas, Texas 75251
Telephone: (972)234-3400
10 E-mail: rdavis@mssattorneys.com
ATTORNEY APPEARING FOR DEFENDANT, COLLIN COUNTY
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1 CHRONOLOGICAL INDEX
VOLUME 2 OF 3 VOLUMES
2 MOTIONS HEARING
3 JANUARY 23, 2020 PAGE VOL.
4 Case called..................................... 05 2
5 Defendant's vexatious motion.................... 07 2
6 Vexatious motion argument by Mr. Davis.......... 07 2
7 Vexatious motion argument by Mr. Gallagher...... 12 2

8 Court's ruling on vexatious motion.............. 19 2
9 DEFENDANT'S WITNESS DIRECT CROSS VOIR DIRE VOL.

10 RYAN GALLAGHER 20 2
11 Vexatious motion argument by Mr. Gallagher...... 33 2
12 Court's further ruling on vexatious motion...... 36 2

13 Defendant's motion for contempt................. 37 2
14 Contempt motion argument by Mr. Davis........... 37 2
15 Mr. Davis offers attorney's fees testimony...... 44 2

16 Contempt motion argument by Mr. Gallagher....... 48 2
17 Court's ruling on contempt motion............... 55 2
18 End of proceedings.............................. 57 2
19 Court Reporter's Certificate.................... 58 2
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1 EXHIBIT INDEX
2 DEFENDANT'S
NO. DESCRIPTION OFFERED ADMITTED VOL.
3
5 Mr. Davis' memorandum 41 42 2
4 dated February 20, 2018
5 dated November 5, 2018
9 Mr. Gallagher's e-mail 41 42 2
8 Dated November 21, 2018
10 Mr. Davis' e-mail 41 42 2
11 Dated November 29, 2018
12 Dated May 16, 2019
1 Complaint 43 -- 2
13
2 Amended complaint 43 -- 2
14
3 Memorandum adopting 43 -- 2
15 reports and recommendations
of United States Magistrate
16 Judge
4 Initial complaint 43 -- 2
17
15 Attorney's fees 45 48 2
18
19
20
21
22
23
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25

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1 P R O C E E D I N G S
2 (January 23, 2020; 9:23 a.m.)
3 THE COURT: 416-01458-2017, Ryan Gallagher
4 versus Collin County; 416-00049-2020, Ryan Gallagher versus

5 City of Austin, Collin County, State of Texas, Texas AG.
6 State your name and the party you represent,
7 please.
8 MR. GALLAGHER: My name is Ryan -- Reverend
9 Ryan Sasha Gallagher, Ryan Sasha Shiger & Kush (phonetic).

10 And I'm the Plaintiff in this case.
11 THE COURT: Okay. And you're representing
12 yourself?
13 MR. GALLAGHER: Yes, until today because I'm
14 requesting a court-appointed attorney.
15 THE COURT: Okay.

16 MR. DAVIS: Bob Davis here on behalf of the
17 Defendant, Collin County.
18 THE COURT: Okay. Why don't -- in that case

19 we're going to take up 416-00049-2020. That's Mr. Davis'
20 motion on behalf of Collin County to declare you vexatious.

21 MR. GALLAGHER: And a motion to merge the
22 two cases, the 01458 and 00049.
23 THE COURT: There is no basis to merge them.

24 MR. GALLAGHER: They're both the same case.
25 THE COURT: They are not the same case and

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1 there's no legal basis to merge them.

2 MR. GALLAGHER: Okay. But they are the same
3 cases, the same Defendant, it's the same --
4 THE COURT: Okay. I disagree and I'm

5 denying the motion.
6 MR. GALLAGHER: All right.
7 THE COURT: So they're going to stay

8 separate cases and we're going to take that one up first
9 and then we can deal with the contempt case and your
10 request for an attorney after that.
11 MR. GALLAGHER: The oldest motion on --
12 THE COURT: Hang on just a second, okay.

14 THE COURT: When you're talking they don't
15 get to write down what you say. So to the extent you want
16 to appeal anything, they're not going to hear anything
17 you're saying if you're talking when I'm talking.
18 MR. GALLAGHER: Okay. All right.

19 THE COURT: So you have to not talk when I'm
20 talking, okay?
22 THE COURT: You'll have your chance to tell
23 me whatever you want to tell me, but I want you to be able

24 to have what you're saying on the record, and that doesn't
25 happen --

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1 MR. GALLAGHER: All right --

2 THE COURT: -- if you're talking over me,
3 okay? Okay.
4 Mr. Davis, it's your motion.

5 MR. DAVIS: Thank you, Your Honor. May it
6 please the Court. Bob Davis here on behalf of Collin
7 County. Mr. Gallagher is perhaps the worst vexatious

8 litigant I've ever encountered in my 30 years in practicing
9 law and representing governmental entities.

10 The vexatious litigant statute is set out in
11 the Civil Practice and Remedies Code, Chapter 11. There's
12 a variety of ways that a person can become a vexatious

13 litigant. For example, if they file five litigations in a
14 seven-year period which are determined adversely against
15 them.
16 Additionally, they can be vexatious for
17 repeatedly re-litigating matters that have already been
18 conclusively established against them. Mr. Gallagher is

19 vexatious under both of those separate categories.
20 The operative time period for this case is

21 January 8th of 2013 through January 8th of 2020. Since
22 that time he has filed 34 litigations. In --
23 MR. GALLAGHER: Appeals.

24 MR. DAVIS: In conjunction with this motion,
25 we had filed an appendix, which includes a listing of all

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1 the federal cases, state cases in which Mr. Gallagher was

2 the pro se litigant. I've also attached the docket sheets
3 and the operative orders for those. And I would ask the
4 Court to take judicial notice of the records contained in

5 Collin County's appendix and the Court consider those for
6 purposes of this vexatious motion.
7 THE COURT: Okay. The Court is going to

8 take notice of the entire file.
9 MR. DAVIS: In this situation I don't think

10 there's any dispute that within the operative seven-year
11 period Mr. Gallagher has filed far more than the requisite
12 five. As noted in the appendix, there are 34 litigations

13 that are identified where Mr. Gallagher is the pro se
14 Plaintiff.
15 And he has lost -- I know in one of his

16 replies Mr. Gallagher points out that they -- some of them
17 were dismissed without prejudice, some were dis --
18 MR. GALLAGHER: (Inaudible).

19 MR. DAVIS: -- dismissed for other reasons.
20 That is irrelevant to the vexatious statute. It does not

21 have to be a dismissal with prejudice. It doesn't have to
22 be a dismissal on the merits.
23 MR. GALLAGHER: It's adverse.

24 MR. DAVIS: Adverse means they lost.
25 MR. GALLAGHER: No, I didn't lose

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1 (inaudible) --
2 THE COURT: Hang on. You'll have an
3 opportunity to talk in a minute.
4 MR. GALLAGHER: All right. All right. All

5 right.
6 MR. DAVIS: All of the cases that are
7 contained in the exhibits the docket sheet reflects that

8 they were dismissed against Mr. Gallagher and the orders
9 that are attached reflect they were dismissed against him.

10 Additionally, Mr. Gallagher repeatedly
11 re-litigates matters. His initial case was in the 417th.
12 He essentially -- and I'm paraphrasing -- sued Collin

13 County or sued the Sheriff because Mr. Gallagher felt that
14 he should be allowed to smoke marijuana while --
15 MR. GALLAGHER: That's a lie.

16 MR. DAVIS: -- in jail.
17 MR. GALLAGHER: That is a complete lie.
18 THE COURT: Sir, again --

19 MR. GALLAGHER: He's lying about me right
20 now.
21 THE COURT: If you have a legal objection,
22 I'm happy --
23 MR. GALLAGHER: I object, that's a lie.

24 THE COURT: -- to -- okay.
25 MR. GALLAGHER: It was about my religious

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1 (inaudible) --
2 THE COURT: Do you have a legal objection?
3 MR. GALLAGHER: Yes.
4 THE COURT: What is your legal objection?

5 MR. GALLAGHER: I object to -- he's sitting
6 here lying and lying to the Court.
7 THE COURT: With no legal --

8 MR. GALLAGHER: Are we under oath, or no?
9 THE COURT: -- objection, it's overruled.

11 THE COURT: You may continue, Mr. Davis.
12 MR. DAVIS: In his first lawsuit against

13 Collin County in the 417th he made -- whatever his claims
14 are, they were dismissed. He was sanctioned and he was
15 told, ordered, in fact, in an order granting sanctions not

16 to file any additional litigation against Collin County --
17 MR. GALLAGHER: Regarding that though.
18 MR. DAVIS: -- until he had obtained

19 permission from the judge. He didn't do that. He has
20 subsequently sued Collin County in federal court.

21 MR. GALLAGHER: Can I object? I filed no
22 case about smoking marijuana in jail.
23 THE COURT: Do you have a legal objection?

24 MR. GALLAGHER: Yes. I've never filed a
25 case about smoking marijuana.

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1 THE COURT: Okay. That is not a legal

2 objection. That's overruled. You can give me your
3 statements of fact and information you want to convey
4 later.
6 THE COURT: But I will only entertain legal
7 objections while Mr. Davis is speaking.

8 MR. DAVIS: He filed a lawsuit in federal
9 court, which is identified in the appendix. He filed a

10 lawsuit action -- the instant lawsuit in Travis County
11 making the same allegations. There's a pending case in
12 Dallas County involving the same allegations. The County

13 has not yet been served in that case, but I do know that it
14 is pending and it makes the same allegations. He's trying
15 to reargue the same matters that have been conclusively

16 determined against him.
17 So under both prongs of the vexatious
18 litigant statute, the repeatedly re-litigating and filing

19 more than five in a seven-year period, Ryan Gallagher is
20 certainly a person who should be declared vexatious and the

21 Court should issue a prefiling order against him.
22 So based on the evidence in this case,
23 Collin County would request that this Court declare Ryan

24 Gallagher a vexatious litigant and issue a prefiling order
25 against him as provided by Chapter 11 in the Civil Practice

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1 and Remedies Code.

2 THE COURT: Okay. Sir, before we begin I
3 need to ask if you swear or affirm that you're going to
4 tell the truth in these proceedings?

5 MR. GALLAGHER: Yes. Did he do the same?
6 THE COURT: He doesn't have to. He's an
7 officer of the court. He's already done that pursuant to

8 his bar license, okay.
9 MR. GALLAGHER: Okay. So he is under

10 penalty of perjury right now?
11 THE COURT: Yes, he is.
12 MR. GALLAGHER: Okay. All right. Because I

13 have evidence that I can win this case. So I have the open
14 records report from this case, because he also has to prove
15 that it's unlikely that I'm going to win this case, which
16 he has yet to do.
17 And first off -- okay. First off, I'm going
18 to start with what he said, actually. I'll start with what

19 he said. He said that -- that I have 34 cases that I
20 filed. It's more like 21, maybe. And the rest are
21 appeals, right. He's listing appeals as their own cases as
22 if I had filed those separately as their own cases, right.
23 Most of those cases has been cited without

24 prejudice, not against me, not against anybody. People
25 have not even served it. They're Rule 8 violations in

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1 Colorado. Most of these are in Colorado. They're not even

2 in the state of Texas. I'm a resident of the state of
3 Texas, this is in Texas. He's talking about the Texas law
4 saying --
5 THE REPORTER: Mr. Gallagher, can you slow
6 down, please.
7 MR. GALLAGHER: Yeah. And he's saying that

8 the -- the -- that the fact that these are without
9 prejudice doesn't apply to the Texas vexatious litigant

10 law, when this is the Texas vexatious litigant law that
11 he's trying to apply these Colorado state cases to, these
12 Colorado cases to. This has nothing to do with this state,

13 all right, the things that he's talking about.
14 Second off, they are all -- almost all
15 decided without prejudice with nobody even being served in

16 the case. There are Rule 8 Forms, rules of violations,
17 which is overruled by Federal Rule of 8382 --
18 THE COURT: So she's trying to write down

19 what you say.

21 THE COURT: So she can't do that if you
22 don't slow down.
23 MR. GALLAGHER: All right. But it's

24 overruled by Rule 8382 in the Federal Code.
25 THE COURT: You're not slowing down. You're

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1 just going back at the same speed.

2 MR. GALLAGHER: All right. Well, I'm sorry.
3 This is -- I'm passionate about this.
4 THE COURT: I understand, but I want --

6 THE COURT: -- you to be able to have a
7 clear --
8 MR. GALLAGHER: Yeah.
9 THE COURT: And you will not have a clear

10 record if she's only getting every third word you say.
11 MR. GALLAGHER: All right. Well, I'm
12 trying -- I'm just trying to talk, all right. So Rule 8382

13 says that if -- if you are non -- willingly noncompliant
14 with the rules, then it's not -- it's not a violation of
15 Rule 8, all right. And then -- so I have not violated

16 Rule 8.
17 But they keep saying that, oh, well, you
18 haven't filed our forms, you haven't filed our forms. And
19 then they dismiss without prejudice saying this case can't
20 be re-brought and you just need to refile this case, you

21 just need to file again in this case with the form. This
22 is -- it's not a case that's decided against me.
23 Sanctions are not -- this isn't against a

24 person. They're meant to stop a behavior, which that judge
25 that filed that sanctions, the sanctions against me that

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1 he's talking about, then recused herself because of her

2 involvement in this case. Her and her husband are involved
3 in this case.
4 The federal case that he's talking about I

5 filed that he wants to put sanctions on me for and put me
6 in contempt for, in that case the federal judge that took
7 that case then -- then her husband replaced the other

8 judge's wife, Ms. Wheless. Her husband left the bench and
9 was replaced by Ms. Nowak's husband who was a DA with the

10 Collin County Office, right.
11 So she recused herself. And now you are the
12 judge of this case because she is too involved in this case

13 to where if she made a decision against me, it would
14 literally be in her favor, right. So she had to remove
15 herself and now you are deciding this case.

16 And he's telling you that the judge that
17 made that order shouldn't be listened to at all. Like,
18 when they recused themselves saying they're too close to

19 this case, like this case is -- it's -- she's gone now.
20 She -- her decision -- she's disqualified herself from this

21 case. And we need to overturn what she -- what she had
22 said.
23 I motion the Court to vacate her decision

24 and vacate the motion to contempt, vacate all these things
25 and deny his motion to contempt and deny the -- or vacate

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1 the original sanction order.

2 THE COURT: Okay. We're going to -- the
3 contempt is under a separate cause number and we're going
4 to take that up in a minute. Right now the only thing

5 we're dealing with is Collin County's motion to determine
6 you a vexatious litigant.
7 MR. GALLAGHER: All right. Well, first off,

8 again, he hasn't -- okay. So all of that with those cases,
9 all right, all of that happens with those cases where he's
10 sitting there deciding against me, but none of these cases
11 are decided against me. We have -- I've never lost any of
12 these cases. These cases are yet to be tried, all right.

13 And then on top of that, he has to prove
14 that I'm unlikely to win this one. And I have evidence
15 showing the arrest record from 2010, because this case goes
16 back to 2010. I sued the County because in 2010 they broke
17 into my property with no warrant and arrested me for one
18 gram of marijuana and then came and gave me a felony saying

19 that I tampered with evidence, which was dismissed upon
20 examining trial. I was never informed of this charge.

21 THE COURT: Okay. So, Mr. Gallagher, I'm
22 looking at at least six -- and I haven't gotten very far
23 down the list -- federal cases that you filed in Texas in

24 the Eastern District and the Western District of Texas.
25 MR. GALLAGHER: Most of those --

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1 THE COURT: Hang on. You can't answer my

2 question if you don't know what it is, okay?
3 MR. GALLAGHER: Okay.
4 THE COURT: All right. So if we just take,

5 ten just from the Eastern and Western Districts of Texas
6 that were all dismissed, if I just --
7 MR. GALLAGHER: Not against me, though.

8 THE COURT: -- look at those ten only, that
9 seems to satisfy the requirement for filing --

10 MR. GALLAGHER: But he also needs to prove
11 that I'll lose this case.
12 THE COURT: Hang on. No, he doesn't. What

13 he's saying is -- the standard is you have to have at least
14 five. He's saying --
15 MR. GALLAGHER: And --

16 THE COURT: -- you have way more than five.
17 MR. GALLAGHER: No, but he's not proving
18 that any case has been decided against me. A dismissed

19 case is not an adverse decision. That's not an adverse
20 opinion against me. That's like sanctions -- it's like

21 saying sanctions are adverse, like sanctions are not meant
22 to be an opinion against me.
23 THE COURT: All right. Do you have anything

24 else?
25 MR. GALLAGHER: Yes. Okay. So if I can

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1 finish. On top of that, he hasn't proven that this case --

2 that I'm going to lose this case. In this case I -- Collin
3 County arrested me in 2010 with no warrant, came to the
4 property with no warrant, arrested me for one gram of

5 marijuana then put a felony on my record set for seven
6 years, all right, without ever telling me about it.
7 I was never convicted. I never went to

8 court. I was never even told about the fact that I had a
9 felony on my record until 2017. I went and got a job and

10 they did a background check and they told me that I had a
11 felony on my record and I couldn't work the job.
12 And then I called Collin County, asked them

13 about it for four days, kept calling people until I talked
14 to somebody named Deborah Martinez (phonetic) who then said
15 I don't know how you found that and removed the felony from
16 my record. I no longer --
17 THE COURT: This is the case that has
18 already been decided before Judge Wheless and --

19 MR. GALLAGHER: No, it has not already been
20 decided.
21 THE COURT: -- the sanction against you
22 saying you cannot file another --
23 MR. GALLAGHER: And she has recused herself

24 from that case.
25 THE COURT: Please stop talking when I'm

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1 talking, okay. This has already been decided because that

2 was what resulted in the sanction that you were not allowed
3 to file again on this subject matter without getting
4 prior --
5 MR. GALLAGHER: No, not this subject matter.
6 The fact that I smoked marijuana -- wanted to smoke
7 marijuana in jail was the subject that they said I couldn't

8 file about.
9 THE COURT: The Court finds that they're all

10 substantially similar, re-litigating the same issues and
11 the same claims by the Plaintiff. I am going to find that
12 it means --
13 (Undiscernible crosstalk)
14 MR. GALLAGHER: So we can't (inaudible) --
15 THE COURT: -- (inaudible) for being a

16 vexatious litigant. I've already denied that motion. I'm
17 going to find Ryan Gallagher and every other iteration of
18 his name to be a vexatious litigant and require an order to

19 be reviewed by the Court before he can file again.
20 MR. DAVIS: While I have Mr. Gallagher, Your

21 Honor, just for purposes of the record, may I ask him a few
22 things, if I may, Your Honor?
23 THE COURT: Okay.

24 MR. GALLAGHER: Well, can I finish or no?
25 THE COURT: If you have something else to

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1 say, but you're making --

2 MR. GALLAGHER: I wasn't done.
3 THE COURT: -- a circular argument about --
4 MR. GALLAGHER: No, no, I'm talking about

5 what happened in this case.
6 THE COURT: And like I said, this case has
7 already been litigated and decided. You refiled again on

8 the same case.
9 MR. GALLAGHER: But then she recused herself

10 from this case.
11 THE COURT: Because she had already made a
12 determination on the case and then --

13 MR. GALLAGHER: No, because she was too
14 close to make a determination on the case.
15 THE COURT: I'm not going to argue with you

16 about this, okay.
18 THE COURT: All right. Mr. Davis.

19 MR. DAVIS: I have a few questions.
20 RYAN GALLAGHER,
21 having been first duly sworn, testified as follows:
22 DIRECT EXAMINATION
23 BY MR. DAVIS:
24 Q. Mr. Gallagher, I believe you've testified that
25 your claim against Collin County arises from an alleged

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1 arrest in 2010, correct?

2 A. Yes.
3 Q. Which would be far more than two years prior to
4 filing the lawsuit, correct?

5 A. Well, it didn't end until 2017, as I just stated
6 in the previous...
7 Q. When was the last time you were incarcerated in

8 the Collin County jail?
9 A. 2015.
10 Q. And you would agree --
11 A. 2016. 2016.
12 Q. You would agree with me, sir, that that is well

13 past two years prior to filing the most recent lawsuit?
14 A. Yes, this is -- as you say even, this is a
15 continuum and this is something that happened and I didn't

16 know about until 2017 and filed the case in 2017, the same
17 year that I found out about the felony that was still on my
18 record, which is connected to the exact same day back in

19 2010, which then goes forward with all the other things
20 that I didn't know was there though, the whole time.

21 Q. You understand in this motion the County has
22 alleged that you will not prevail because of the
23 limitations; do you understand that, sir?

24 A. No, because that's false.
25 Q. Do you know what "statute of limitations" is?

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1 A. Yes, I know what statute of limitations is.

2 Q. Do you know what the statute of limitations is in
3 Texas for a tort?
4 A. Yes, it's two years unless you can prove that

5 it's still happening.
6 Q. And all of the things that you've alleged
7 occurred in 2010 and 2015, correct?

8 A. No, 2017.
9 Q. What happened in 2017?

10 A. I had a felony removed from my record that I
11 never even knew was there from 2010.
12 Q. And that is an action that you included in your

13 prior lawsuit filed in the 417th?
14 A. 2017.
15 Q. And you've already sued the County over that,

16 haven't you?
17 A. That's what this is about today. We're here
18 talking about the 01458 and 00079 -- or 49.

19 Q. My question, sir, is this allegation about the
20 felony, which I dispute, but your belief that you had a

21 felony, all of those issues were previously raised in your
22 earlier lawsuit against Collin County in the 417th District
23 Court in --
24 A. It was not raised because they said it was about
25 smoking marijuana in jail, so that is what that case was

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1 about is what you guys say. That's what you're -- you guys
2 claim that the case was about smoking marijuana in jail.
3 So, no, that is what was raised and not the issue that I'm
4 talking about. And you guys said I couldn't bring that up

5 again, which is not the issue that we're talking about
6 right now.
7 Q. Do you understand the concept is called "res

8 judicata," that you can't --
9 A. Yeah, I know about res judicata. But that means

10 something has been finished. It means that it has reached
11 a resolution, res judicata, final resolution in a judicial
12 action, right, which has not happened. The judge then

13 recused herself, which opened it up to this.
14 This case is not even open. I don't know
15 (inaudible) the Rule 270 motion to reopen the case that

16 we're talking about right now, because it's not closed.
17 We're sitting here talking about it, but it's happening
18 now. Like, we're here doing this now. This is not a

19 closed case.
20 Q. Do you know the concept of "governmental

21 sovereign immunity" that the County has?
22 A. No, not under Rule -- Title 5, Chapter 110 you
23 guys have waived your sovereign immunity. The State has

24 waived sovereign immunity for both municipalities and the
25 State under Title 5, Chapter 110.

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1 Q. So your allegations about --

2 A. Any judicial order, action, decision, ordinance,
3 rule, law, anything is subject to that.
4 Q. So you dispute and you don't think that the

5 County would have immunity for any claims about --
6 A. No.
7 Q. Let me finish my question, please, sir.

8 A. Sorry.
9 Q. -- about removing, as you allege, documents in a

10 court file?
11 A. What do you mean "removing documents"?
12 Q. Okay. You have made an assertion that there was

13 a felony. I did --
14 A. Yes.
15 Q. -- not see anything in any official record in

16 Collin County that you've ever been charged with a felony.
17 A. No. Okay. So it's under -- it is in the -- the
18 thing I filed the other day, objection to vexatious

19 litigant motion by the County, memorandum of law written in
20 2015, Collin County Criminal Case 005-83130-10.

21 Q. Okay.
22 A. All right. And this is -- this is -- I filed the
23 memorandum of law that I wrote in 2015 for this case. And

24 at the bottom of that there's the open records request,
25 which has all of the County's information that they said

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1 about this case.

2 And then it has on that my background
3 checks, which state that I had a -- if you can see this
4 here (indicating), there are two charges at first on there.

5 And then it says I have a felony and then it gets removed
6 so that I just have the misdemeanor. Here's the dismissed
7 on the examining trial --

8 Q. Have you been smoking pot today?
9 A. No. Examining trial, not enough --

10 Q. Are you sure?
11 A. -- probable cause --
12 THE COURT: Sir.

13 Q. (BY MR. DAVIS) If you'd step back, you smell like
14 marijuana to me.
15 A. -- tamper and fabricating with evidence --

16 THE COURT: Mr. Gallagher.
17 A. -- not enough probable cause, dismissed.
18 THE COURT: Mr. Gallagher, have you used

19 marijuana today?
20 MR. GALLAGHER: No.

21 MR. DAVIS: Yesterday?
22 MR. GALLAGHER: Yes, as part of my religion.
23 THE COURT: Okay. We're trying to get an

24 idea of when so that later, if you have an issue that you
25 didn't understand today's proceedings, there's --

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1 MR. GALLAGHER: No, I'm completely clear on

2 everything that's happening. I'm trying to show you I do
3 have a felony. He doesn't think it ever happened when I'm
4 sitting here showing you evidence that there's a felony on

5 my record.
6 Q. (BY MR. DAVIS) Mr. Gallagher, the appendix that
7 Collin County filed, did you have an opportunity to review

8 that?
9 A. No.
10 Q. Well, it was e-filed and sent to you.
11 A. What day, today?
12 Q. No, it was filed on January 8th of 2020.

13 A. Okay. Yeah, I might have read it, yeah.
14 Q. Okay. And you do not dispute that in the Eastern
15 District of Texas, you filed at least one case that was

16 dismissed on September 10th?
17 A. Yes. It's the same day that the husband of Judge
18 Nowak replaced Judge Wheless on the bench. Ray Wheless was

19 replaced by Tom Nowak. In the same week that that case was
20 decided when -- Christine Nowak is the judge on that case,

21 and Christine Wheless is the judge that recused herself on
22 this case.
23 Q. Then in the Western District of Texas you have

24 filed three cases; have you not, sir?
25 A. In the Western District of Texas, yes.

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1 Q. And all three of those have been dismissed; have

2 they not?
3 A. No. The second one we're still -- I'm pretty
4 sure we're on appeal right now.

5 Q. Well, you say --
6 A. Or two of them we're on appeal right now.
7 Q. You say you're pretty --

8 A. One of them was dismissed in, like, 2015.
9 Q. Well, the records that are attached and that the

10 Court has taken judicial notice of they were dismissed on
11 March 22nd of 2017, November 4th of 2016, and the one --
12 the Shiva Temple and Gallagher versus DEA was dismissed

13 December 13th.
14 A. That one is on appeal right now. That's the one
15 on appeal.
16 Q. That's not reflected in the docket sheet of the
17 court, is it?
18 A. It is.
19 Q. Then in the Northern District you have filed,
20 one, two, three, four, five, six, seven cases; have you
21 not, sir?
22 A. Where, the Western District?
23 Q. Northern District.
24 A. Yes. And most of those are still open.
25 Gallagher versus DEA, still open. Gallagher versus Uttam

(972)998-5878
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1 Dhillon, who was the head of the DEA, that one is still
2 open. These cases are still open.
3 I'm currently in a federal process with the
4 DEA right now where we are going through a religious

5 exemption process, which we started in 2006 because they
6 lost a federal case by the -- Gonzalez versus O Centro,
7 it's a church where they use ayahausca and they had 300
8 gallons. They were arrested and they went all the way up
9 to the federal court. The DEA lost this case and was
10 supposed to create a process where they could exempt people
11 from -- for religious use for controlled substances. That
12 process I started in 2017, November 2017, and we have still

13 been going through it.
14 I have evidence from the small business
15 administration omnibus, communications between us stating

16 that we are in the middle of this process. And I filed
17 December 11th of 2019 with the FDA and they said that
18 the -- the FDA has sent the omnibus. But the process to
19 get your religious exemption is through the investigational
20 new drug program, which I filed my application

21 December 11th.
22 It is now January 23rd. After 30 days if
23 they do not respond you are to go -- you are allowed to go

24 with the clinical trials. And they told me that this
25 clinical trial process is the religious exemption process

(972)998-5878
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1 that I should file.

2 And now they haven't responded in 30 days
3 and I have a federal exemption for religious marijuana use
4 from the investigational new drug program, like, this is

5 that right now.
6 Q. In addition, sir, to the federal cases in Texas,
7 you filed 15 in Colorado, have you not, sir?

8 A. Yes.
9 Q. And in Mississippi you filed one?

10 A. Yes. And in Colorado. Those are the ones that
11 were dismissed because of Rule 8 forms rules and they were
12 all given to one judge and he just, like, completely -- the

13 two judges on that case, they are -- if you Google their
14 names, look up PACER monitor which is a website that shows
15 you PACER information for free. You can go look up

16 everything on PACER.
17 And if you Google their names together with
18 PACER monitor it shows only cases that are by pro se

19 people, people that -- with cases are dismissed, IFP, in
20 forma pauperis. And only in forma pauperis cases they take

21 and they dismissed them. When they're separate, they take
22 cases like Toyota and other cases like that.
23 But any case that's in forma pauperis, they

24 take it, they dismiss it. And that's what those two judges
25 do together and you're citing their cases.

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1 Q. And you --
2 A. In Colorado, another state when you're claiming
3 that this is the Texas law and only applies to Texas.
4 Q. You also filed in the District of New York?

5 A. Yes.
6 Q. That was dismissed?
7 A. No, it was transferred.

8 Q. And then --
9 A. It was transferred to Colorado.

10 Q. In the District of Columbia you filed five cases
11 and those were dismissed?
12 A. No, not all of them.

13 Q. Well, which one wasn't?
14 A. The FDA one, it's still set. Okay, maybe it was,
15 okay. November 25th. I'm sorry, I've been in a homeless

16 shelter for the past couple of months because of the --
17 Q. And you've been smoking pot?
18 A. As part of my religion.
19 Q. Okay.
20 A. Which you say -- right? Didn't you say that I

21 was trying to smoke in jail?
22 Q. And then in state court you filed in Collin
23 County and that was dismissed on November 14th of 2017,

24 correct?
25 A. Say that again.

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1 Q. The state court case, Ryan Gallagher versus

2 Collin County, that was previously --
3 A. In the 417th District.
4 Q. -- dismissed on --
5 A. The judge recused herself on that case because
6 she was involved in it.
7 THE COURT: You have to talk one at a time,

8 so let him finish his question before you interrupt,
9 please.
10 Q (BY MR. DAVIS) That case was dismissed on
11 November 14th of 2017; wasn't it, sir?
12 A. Yes, it was. But that case also the judge

13 recused herself because she was too close to the case. And
14 now we're here talking to this judge because of all that.
15 Q. Your case in this instant lawsuit, the City of

16 Austin has already been dismissed, haven't they, sir?
17 A. No. That one is also on appeal. That one is on
18 appeal with the regional district -- with the regional

19 appeals court in Austin. And that case also -- the one
20 that you're -- the federal case in Austin that was decided

21 against the City, it was not decided against the City, it
22 was decided against the Police Department.
23 It was decided that the City and the Police

24 Department are one entity. You cannot sue the Police
25 Department by themselves, you have to sue the City. It was

(972)998-5878
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1 not decided against me anything. It was decided that --

2 you have to sue the City. And it wasn't decided for the
3 City, it was decided because the Police Department asked
4 for summary judgment.

5 And then they came out and said you can't
6 sue the Police Department. That's all it said. It didn't
7 say that my religion is invalid. It didn't say that I --

8 like, I'm not allowed to practice my religion. It didn't
9 say that my religion is a problem. It didn't say anything

10 like that. It didn't say -- no case has ever said my
11 religion is a problem. I've never gone to court and had a
12 judge decide things about my religion, ever. Like, that

13 has never happened.
14 And you sit here and claim, like, these
15 cases are all sitting here saying, like, oh, no, we've
16 heard this, we've heard this before, we've heard this
17 before. No, these cases were all dismissed before we heard
18 anything, ever. These cases were dismissed before we even

19 got anybody served. And it was a Rule 8 violations and
20 stuff.
21 And then they say that the -- the -- like --
22 Q. Let me just cut to the chase. In the past seven
23 years certainly you have filed more than five lawsuits

24 which have been determined adversely against you?
25 A. No, no, they have not been decided adversely

(972)998-5878
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1 against me. They've been decided before anybody was ever

2 served in the case. It cannot be something that's adverse
3 unless there's another party.
4 MR. DAVIS: I have nothing further of this

5 witness, Your Honor.
6 THE COURT: Anything else you want to add?
7 MR. GALLAGHER: Yes. All right. So again,

8 I'm going to motion to merge the cases because these are
9 the same cases.

10 THE COURT: I've already denied that. I'm
11 not going to hear argument about the same motion.
12 MR. GALLAGHER: All right. Do you have

13 access to the documents that I've been filing?
14 THE COURT: Yes.
15 MR. GALLAGHER: All right. Have you read

16 over them?
17 THE COURT: Yes.
18 MR. GALLAGHER: Okay. So you've seen all

19 the documents from the state and federal government?
20 THE COURT: Yes, I've seen everything in the

21 file.
22 MR. GALLAGHER: All right. And you
23 understand that I have a religious exemption from the FDA

24 and I'm going through the DEA process and that I -- the
25 State -- the Collin County, if you read the records, says

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1 that they illeg -- that they didn't -- in the forensic

2 testing it says that they didn't find anything illegal in
3 2010. And then in -- they -- the case was dismissed. That
4 case was dismissed, which is what the case that I'm suing
5 for.
6 And you understand that, like, they've,
7 like, admitted -- and also, we need to get the records from

8 the jail, the grievance system records in which -- because
9 he's stating that I claim -- that I was trying to smoke

10 marijuana in jail. I would like him to prove that, if he
11 could prove that I've ever said that I was trying to smoke
12 marijuana in jail.
13 Do you want to prove that or no? No? All
14 right.
15 So then the -- he clearly says it's about my

16 religion. Have you read the vexatious litigant motion?
17 THE COURT: Mr. Gallagher, the Court is
18 familiar with all of the pleadings and everything --

19 MR. GALLAGHER: Okay. Do you have a copy of
20 the vexatious litigation motion?

21 THE COURT: Sir, please stop talking when
22 I'm talking.
23 MR. GALLAGHER: All right. Sorry.

24 THE COURT: I'm familiar with everything
25 that's filed in the case. These issues the Court finds

(972)998-5878
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1 have already been litigated and --

2 MR. GALLAGHER: All right. But do you
3 understand that he --
4 THE COURT: Hang on.

5 MR. GALLAGHER: Okay.
6 THE COURT: And in the instant case we
7 are -- you are asking to re-litigate the same issues that

8 have already been settled.
9 MR. GALLAGHER: No, no, I'm just asking you

10 if you understand that he's saying this is about my
11 religion?
12 THE COURT: I've read all the pleadings in

13 the case.
14 MR. GALLAGHER: Okay. And I'm saying
15 Title 5, Chapter 110, the Texas -- court orders, Texas law,

16 he cannot go against religion. He's saying this is about
17 my religion. It's not about something else and the
18 religion is on top of that. That is what this is about.

19 And you guys are sitting here talking about, did you smoke
20 marijuana yesterday? Yes, that is part of my religion, and

21 I've said that over and over. And you're acting like
22 that's a point against me when that is what this is about.
23 THE COURT: The reason for the question is

24 to make sure that you're able to participate in today's
25 proceedings since you are representing yourself. We don't

(972)998-5878
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1 want to have an issue where you claim later --

2 MR. GALLAGHER: All right. And have you
3 seen --
4 THE COURT: Please stop talking over me. We

5 don't want to have an issue where you leave and you later
6 come back and assert that you were not able to represent
7 yourself effectively today because you were under the

8 influence of marijuana.
9 MR. GALLAGHER: No, I would not do that.

10 It's the flesh of my Lord.
11 THE COURT: That is the purpose of the
12 question.
13 MR. GALLAGHER: There's no reason for that.
14 THE COURT: Okay. Again, I'm making my
15 findings that I made previously. I'm finding Mr. Gallagher

16 to be a vexatious litigant. I'm going to sign the order
17 that requires him to submit any future findings to the
18 Court before they can be filed with the Clerk's Office.

19 MR. GALLAGHER: All right. And since he's
20 trying to put me in jail today, can you review the motion

21 for a court-appointed attorney?
22 THE COURT: Hang on just a minute. We have
23 another issue that I may need to take up. Let's go off the
24 record.
25 (Brief recess)

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1 THE COURT: Okay. Let's go back on the

2 record. We've completed 416-00049-2020. I'm now going to
3 take up 416- --
4 MR. GALLAGHER: Can I --

5 THE COURT: -- 01458-2017. Please stop
6 talking when I'm talking. -- Ryan Gallagher versus Collin
7 County. This is the case that has the motion for contempt.
8 Mr. Davis, Mr. Gallagher has asked for an
9 attorney to be appointed because you're asking for criminal

10 contempt. Are you amending the motion?
11 MR. DAVIS: Yes, Your Honor. The County
12 will stipulate on the record that it is not seeking any

13 criminal contempt against Ryan Gallagher. We're not
14 seeking --
15 MR. GALLAGHER: No, not --

16 MR. DAVIS: We're not seeking any
17 incarceration.
18 MR. GALLAGHER: No.

19 MR. DAVIS: The only relief that we're
20 seeking at this point is the imposition of monetary fines

21 against Mr. Gallagher, which is a civil remedy. And based
22 on that stipulation, we believe that he is not entitled to
23 a court-appointed attorney at this point because he does

24 not face the potential of incarceration or any loss of
25 liberty.

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1 MR. GALLAGHER: So when I walked in this

2 room today, that is not what I was under the understanding
3 of. He filed previously for six months in jail until I
4 dismiss all cases against the County and $500 per day.
5 THE COURT: So Mr. Davis is saying he's
6 going to drop the --
7 MR. GALLAGHER: I understand that. I'm just

8 saying what it was earlier.
9 THE COURT: -- request for you to go to

10 jail. Please listen to what I'm telling you.
12 THE COURT: Are you telling me you want him

13 to try to put you in jail --
15 THE COURT: -- or are you happy to proceed

16 today?
17 MR. GALLAGHER: No, I've already -- like,
18 I've actually filed things on this case in case you guys

19 try to put me in jail to help other people with their cases
20 in jail. Because that's what I do when I go to Collin

21 County jail, help other people with their cases, get them
22 released, and you kick me out of jail.
23 THE COURT: All right. Mr. Davis, the Court

24 is going to accept your amendment.
25 MR. DAVIS: Thank you, Your Honor. Based on

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1 that, the County would move for civil contempt. The relief
2 that we're seeking is that Mr. Gallagher be ordered to
3 reimburse the County for the attorney's fees and costs it
4 has incurred in, basically, trying to get him to comply

5 with the prior November 14th of 2017 sanction order.
6 Essentially what that sanction order reads
7 is that Mr. Gallagher cannot sue Collin County again

8 without obtaining permission from the --
9 MR. GALLAGHER: For smoking weed in jail.

10 That's what I can't sue for.
11 MR. DAVIS: All of the issues that were --
12 MR. GALLAGHER: Which I (inaudible) --

13 MR. DAVIS: -- that were or could have been
14 raised in his prior litigation. Mr. Gallagher has
15 defiantly ignored that sanctions' order. He has filed four

16 more lawsuits against Collin County since that time, none
17 of which he obtained permission from the 417th or the
18 administrative judge of Collin County.

19 He was expressly ordered that he could not
20 file or initiate any more lawsuits, pleadings or

21 instruments of any kind or nature in either state or
22 federal court concerning the claims which have previously
23 been made in the instant case. And it included Collin

24 County and its employees, agents or servants.
25 Obviously, as the Court knows, I would ask

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1 the Court to take judicial notice he has, since that time,

2 filed a suit in federal court against Collin County --
3 actually, technically, it was against Judge Rippel. He
4 sued --
5 MR. GALLAGHER: I asked for that part to be
6 dismissed because I -- when going through the records I
7 also --
8 THE COURT: Hang on. One at a time.
9 MR. GALLAGHER: Okay. Sorry, sorry.

10 MR. DAVIS: So the four cases would be
11 Gallagher versus Paxton, et al, Cause No. 418-CV-575 in the
12 Eastern District of Texas. The second would be Ryan

13 Gallagher versus City of Austin, Collin County, et al,
14 which is the instant case. The third one is Reverend Ryan
15 Sasha Gallagher versus Collin County, Cause No. DC-19-17502

16 in the 193rd District Court of Dallas County. And then
17 Gallagher versus Collin County, Cause No. 416-00070-2020,
18 which is this case, which is the previously filed case in

19 Travis County.
20 So there are four distinct separate

21 subsequent cases in which Collin County or one of its
22 elected judges have been named as Defendants, which were
23 filed after the sanctions' order. That is clearly

24 contemptuous.
25 Additionally, Mr. Gallagher, in the

(972)998-5878
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1 sanctions' order, was obligated and ordered to put $100

2 into the registry of the court, which he did not do. He
3 was also ordered to reimburse Collin County for its
4 attorney's fees which it had incurred in defending against

5 his first lawsuit, none of which he had done.
6 I didn't rush to this to try to punish
7 Mr. Gallagher. He was sent nine letters --

9 MR. DAVIS: -- nine letters beginning in

10 February 20th, 2018, and ending on May 16th of 2019 asking
11 Mr. Gallagher to please just go away, leave Collin County
12 alone.
13 MR. GALLAGHER: This is my home.
14 MR. DAVIS: Attached to the motion for
15 contempt as Exhibits 5 through 13 are the various e-mails

16 and letters to the Plaintiff from me on the dates listed.
17 I would ask the Court to admit all of those letters into
18 evidence at this time.

19 (Exhibit Nos. 5 through 13 were offered)
20 THE COURT: What numbers on those exhibits?

21 MR. DAVIS: They would be Exhibits 5
22 through 13.
23 THE COURT: Okay. Show them to

24 Mr. Gallagher.
25 Do you have any objections to the exhibit?

(972)998-5878
Page 42
1 MR. GALLAGHER: I don't know, I haven't seen

2 them. What are they?
3 MR. DAVIS: They were the letters that were
4 previously sent to you and the e-mails. And they were

5 attached to the motion, which you were served with.
6 MR. GALLAGHER: Just this section or what?
7 MR. DAVIS: Contempt motion.

8 MR. GALLAGHER: Can you show me what I'm
9 looking at?
10 MR. DAVIS: These are all the letters that
11 were sent to you for the past three years.
12 MR. GALLAGHER: I mean, I object on the

13 grounds that the judge has recused herself. She is
14 disqualified.
15 THE COURT: Do you have a legal objection to

16 the exhibits being admitted?
17 MR. GALLAGHER: Yeah, this is all -- this is
18 all the past. This is all stuff that doesn't -- that he

19 did with a judge that has declared herself disqualified
20 now.
21 THE COURT: Okay. Hearing no legal
22 objection --

24 THE COURT: -- Exhibits 5 through 13 are
25 admitted.

(972)998-5878
Page 43
1 (Exhibit Nos. 5 through 13 were admitted)

2 MR. DAVIS: I would also ask the Court to
3 admit and take judicial notice of Exhibits 1 through 4,
4 which are the docket sheets and relevant case information

5 for the four lawsuits that Mr. Gallagher has filed since
6 November 14th of 2017.
7 (Exhibit Nos. 1 through 4 were offered)

8 THE COURT: The Court will take judicial
9 notice of Exhibits 1 through 4.

10 MR. DAVIS: Based on that, I believe the
11 evidence proves beyond a reasonable doubt, clear and
12 convincing evidence, that Mr. Gallagher has violated the

13 sanctions' order. He has filed litigation despite having
14 been ordered not to do that. He did not seek permission
15 from the 417th or the administrative judge of Collin

16 County. He has not put money into --
17 MR. GALLAGHER: Can I object? None of that
18 was about smoking marijuana in jail.

19 THE COURT: You're going to have your
20 opportunity --
22 THE COURT: -- to respond in a minute.

24 MR. DAVIS: And has not put money into the
25 registry that the Court has ordered. And certainly he has

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1 not reimbursed the County. So at this time I would like to

2 present evidence on the amount of the attorney's fees that
3 the County is requesting at this time.
4 THE COURT: Okay. You may proceed.

5 MR. DAVIS: May it please the Court, my name
6 is Robert Davis. I'm an attorney licensed to practice law
7 in the state of Texas. I graduated from Baylor Law School

8 in 1989. I'm licensed in all the state courts, the federal
9 courts for the Northern, Eastern, and Western Districts,

10 the 5th Circuit Court of Appeals, and the United States
11 Supreme Court.
12 I have been representing governmental

13 entities for the past 30 years. In representing those
14 entities I've become familiar with the reasonable and
15 necessary and customary charges by attorneys in the North

16 Texas area for the same or similar work. I'm familiar with
17 the various factors to be considered in determining the
18 reasonableness in attorneys fees in Texas and have

19 considered those in formulating my opinions.
20 Our firm keeps a detailed file transaction

21 file list, which itemizes every action that is taken in a
22 case, the amount of time that's spent and the hourly rate.
23 Because of my long-term representation --

24 MR. GALLAGHER: Basically, he is obsessed
25 with me.

(972)998-5878
Page 45
1 MR. DAVIS: Because of my long-term

2 representation of Collin County, I give them a discounted
3 rate of $150 per hour, which is far below market value for
4 the same or similar services in Collin County, Texas.

5 I'm going to tender as Exhibit No. 1 a copy
6 of the detailed fee transaction file list for this case.
7 THE COURT: I'm going to rename it since you

8 already have a 1 through 4.
9 MR. DAVIS: Okay. Exhibit...

10 THE COURT: 14, I think is what we're up to;
11 is that right?
12 THE REPORTER: Yes, ma'am.

13 MR. GALLAGHER: You've spent $26,000 at $150
14 an hour thinking about me. Do you understand --
15 THE COURT: Sir, you're going to have an

16 opportunity to respond in a minute.
17 MR. GALLAGHER: Do you understand that --
18 like, I don't think --

19 THE COURT: Please stop talking.
20 MR. GALLAGHER: -- I don't think --

21 THE COURT: It is not your turn to talk.
23 THE COURT: Go ahead, Mr. Davis.

24 MR. DAVIS: Exhibit 15 is the detailed fee
25 transaction file list, which reflects the work that has

(972)998-5878
Page 46
1 been done in this case from November 15th of 2017, which

2 will be the day after the sanctions' order was entered
3 through yesterday.
4 (Exhibit No. 15 was offered)

5 MR. DAVIS: Based on that and my hourly
6 rate, there was the total amount of $26,220. Based on my
7 experience and review of these records and the work that

8 was performed, this was certainly a reasonable and
9 necessary amount for the preparation and defense and

10 enforcement of the sanctions' action.
11 Additionally, I anticipate that there will
12 be another 20 hours dealing with Mr. Gallagher, attempted

13 appeals and further actions if his past history is any
14 indication. I expect that there will be another 20 hours
15 at $150. Based on that, it is the County's -- it is my

16 opinion that $31,470 is a reasonable and necessary amount
17 of attorney's fees which have been or will be incurred by
18 the County in protecting, defending and enforcing the

19 sanctions' order against Mr. Gallagher. This has
20 essentially involved --
21 THE COURT: Mr. Davis, let me clarify. The
22 31,470 is through appeal?
23 MR. DAVIS: Is through -- I'm considering

24 that through the end of this litigation. I have not
25 attempted to prove up future appellate fees for purposes of

(972)998-5878
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1 the contempt.
2 THE COURT: Okay. Well, can you clarify
3 because we're at 26,220 through yesterday. And then you
4 have --
5 MR. DAVIS: Another --
6 THE COURT: -- how much time for today?
7 MR. DAVIS: I've included that in 20 hours

8 that I've projected forward.
9 THE COURT: That's what I'm trying to

10 understand. Is the 20 for any appeal?
11 MR. DAVIS: No. That is -- I expect that
12 there will be motions for new trial, there will be motions

13 for rehearing. There will not be --
14 MR. GALLAGHER: Probably another 26,000.
15 MR. DAVIS: There will not, theoretically,

16 be an appeal in this case because it's procedurally being
17 brought as a contempt matter. The appeal is over. If he
18 tries some other device, I will address that and may come
19 back to the Court if appropriate.
20 But based on Mr. Gallagher's prior conduct,

21 I don't think today's hearing is going to be the last of
22 the contempt issue. But I'm not categorizing it as future
23 appellate fees.
24 THE COURT: Okay. Then -- all right. We'll
25 deal with that in a second. Anything else?

(972)998-5878
Page 48
1 MR. DAVIS: And based on that, I would ask

2 the Court to find that $31,470 is a reasonable, necessary
3 and appropriate amount of attorney's fees related to the
4 enforcement of the sanctions and that it be awarded as a

5 civil contempt remedy against Mr. Gallagher. So
6 essentially -- and that would be the end of my testimony.
7 So essentially we're asking for him to be

8 found in civil contempt, find that he did violate the
9 sanctions' order as the evidence proves beyond a reasonable

10 doubt, and that the remedy of that be the imposition of a
11 civil order that he be required to reimburse the County
12 $31,470.
13 THE COURT: Okay. We'll go back to this.
14 Mr. Gallagher, do you have any legal objection to
15 Exhibit 15 being admitted?

16 MR. GALLAGHER: No. Yeah, I think it's good
17 that that be on the record that he spent $26,000 --
18 THE COURT: Exhibit 15 is admitted.

19 (Exhibit No. 15 was admitted)
20 MR. GALLAGHER: -- on me.

21 THE COURT: All right. Sir, this is your
22 opportunity to tell me whatever you want to tell me in
23 response to the contempt action.

24 MR. GALLAGHER: All right. So since I'm not
25 allowed to motion for a court-appointed attorney, I will

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1 just object to the --

2 THE COURT: You're allowed to move for a
3 court-appointed attorney. That request is denied.

5 THE COURT: Dealing with a civil --
6 MR. GALLAGHER: So we're not doing it. He's
7 requesting over $500, which triggers in the law the same

8 thing as the criminal contempt, so I am entitled to an
9 attorney. This is a motion for a court-appointed attorney

10 and for the judge to recuse herself due to interest of the
11 case when she failed to disclose this was previously filed
12 with the other judge and then covertly went forward signing
13 erroneous and fraudulent, slanderous documents regarding
14 myself.
15 This is a case from the Northern District of

16 Texas. The Court agrees with the reasoning in Bolinger
17 (phonetic) any amount above the rate in which the
18 defendant's counsel charged for legal services in this

19 matter would result in a windfall for the defendant. This
20 is --
21 THE COURT: Please understand that what
22 you're saying is probably not being written down, it's too
23 fast.
24 MR. GALLAGHER: All right. Were you able to
25 write it down?

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Page 50
1 THE COURT: I've asked you several times to

2 slow down.
3 MR. GALLAGHER: I can start over if you
4 want. All right. The Court agrees with the reasoning in

5 Bolinger any amount above the rate in which the defendant's
6 counsel charged for legal services in this matter would
7 result in a windfall for the defendant. Prestige Land Iran

8 Company versus Hilty, Inc., 315-CV-03734 Northern District
9 of Texas 2018.
10 The testimony drives the Court to find as a
11 fact that the unlawful and illegal sanctions were imposed.
12 Such sanctions were being carried out. Humble Oil Refining

13 Company versus Eighth Regional, WLB56 950 Northern District
14 Of Texas 1944. The Power Company for contempt should only
15 be exercised with caution Ex Parte Arnold 503 S.W.2d 534

16 Texas Criminal Appeals 1974.
17 To be forcibly -- enforceable by coercive
18 contempt, the order must be clear and unambiguous. Ex

19 Parte Chambers, 898 S.W.2d 257 260 1995. And I would argue
20 that the order was ambiguous and it wasn't clear because he

21 himself claims that it's about smoking marijuana in jail,
22 and we have not discussed that once here because it was not
23 ever something that I brought up. It's something that he

24 brought up.
25 THE COURT: Mr. Gallagher, I'm reading from

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1 the November 14th order that Mr. Davis is trying to enforce

2 today through his contempt action. It says you are
3 prohibited from filing or initiating any more lawsuits,
4 pleadings or other instruments of any kind or nature in

5 either state or federal court concerning --
6 MR. GALLAGHER: About --
7 THE COURT: -- claims which have --

9 THE COURT: -- previously been made in that

10 prior case --
11 MR. GALLAGHER: They claim I made about the
12 marijuana in jail.
13 THE COURT: -- in Collin County.
14 MR. GALLAGHER: Read the case.
15 THE COURT: The Court has already made a

16 finding that --
17 MR. GALLAGHER: About marijuana in jail.
18 THE COURT: The Court has already made a

19 finding --
20 MR. GALLAGHER: That's not what I've ever

21 asked --
22 THE COURT: -- that the case is
23 substantially related to the litigation in the previous

24 case. So do you have anything else to add about --

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Page 52
1 THE COURT: -- the multiple cases that you

2 filed after this prohibition against filing in Texas?
3 MR. GALLAGHER: Yes, the sanctions are
4 illegal and unenforceable because they are not legal

5 sanctions. They are -- they are unclear and ambiguous and
6 they don't -- they're about something that I'm not
7 claiming. The sanctions are telling me to not do something

8 that I'm not doing anyway and it hasn't been done by me.
9 THE COURT: And is that because your

10 argument is the cases you're filing aren't related to the
11 prior cases?
12 MR. GALLAGHER: No. The cases that I'm

13 filing are not regarding smoking marijuana in jail, which
14 is what they claimed that I was filing about when they told
15 me not to file about it again. I never made that claim so

16 I'm okay with not ever filing that because I never did and
17 I never will. So the sanctions are unenforceable because
18 that's what they're about and that's not what we're talking
19 about. They're not about a fact in reality. The sections
20 are not about real things, all right.

21 And due process of law, in the prosecution
22 of contempt, except of that committed in open court,
23 requires that the accused should be advised that the

24 charges of reasonable opportunity to meet by way of defense
25 or explanation.

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Page 53
1 So if you guys are going to hold me in

2 contempt for something that happened in the past outside of
3 court, it is direct contempt, all right, which is -- I'm
4 not saying -- I never said it was criminal contempt, it's

5 direct contempt. And if you guys are trying to hold me in
6 direct contempt for a fine over $500 or over six months in
7 jail, I am entitled to an attorney, all right. That's the

8 law.
9 And the right to appointed counsel if the

10 alleged contender is indigent. And I'm indigent. I've
11 proven I live in a homeless -- until 10 days ago I lived at
12 The Salvation Army in Dallas, all right. And for the past
13 four years I've mostly lived at Dallas Life and The
14 Salvation Army. That is where I've lived mostly for the
15 past fours years, all right, in Dallas.

16 And he would argue that I'm from Colorado,
17 and I'm not. I've lived here for the past four years. I
18 lived here until I was 18. I was gone for maybe four years
19 and I've been back for four years. So I don't know how
20 he's going to argue that four years later that I'm from
21 Colorado. It's crazy.
22 The right to appoint counsel -- okay. Ample
23 time to prepare and respond to the allegations, In Re:

24 Oliver (phonetic). This is a new claim, so I would like to
25 motion to continue so that I can have time to respond to

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Page 54
1 his new claim because now he's asking for something

2 completely different, not asking for six months in jail,
3 not asking for -- is now -- he's asking for $26,000.
4 THE COURT: Mr. Gallagher, in his previous

5 filing he asked for reimbursement of --
6 MR. GALLAGHER: $5,000.
7 (Undiscernible crosstalk)
8 THE COURT: -- and attorney's fees. So
9 you've had notice of the request that's being made of the

10 Court today.
11 MR. GALLAGHER: I haven't. That's false.
12 Just for appeal, I disagree with that. I have not been

13 made aware.
14 The right to a jury trial if the potential
15 punishment exceeds six months in jail, Munez versus Hoffman

16 (phonetic). And that would have been applicable today if
17 he hadn't, like, decided he's afraid of all of this and
18 try -- because what happened originally, just to make this

19 clear, he filed the sanctions' motion thinking I was going
20 to get scared and dismiss the case. And then I didn't show
21 up to court.
22 So instead of dismissing his sanctions he
23 just went ahead and moved forward with it never expecting

24 in the first place that he was ever going to do that, he
25 thought I was going to dismiss the case. And now we're

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Page 55
1 sitting here with the sanctions' claim where he didn't ever

2 expect it to happen, and now he's trying to enforce it.
3 The judge recused herself. She's done with
4 it. She's like, I'm not doing that. And then he's now
5 here still trying to enforce this claim with you saying --
6 and you're sitting here trying to -- I guess you guys have
7 ex parte communication or something. I don't know what

8 exactly, like, this is about.
9 But the -- now he's claiming that he doesn't

10 want me to be put in jail when that's what this is all
11 about today, y'all were trying to put me in jail, right?
12 That's what this was about. And now y'all are going to act
13 like that's not what it's about.
14 THE COURT: We have entered into duplicative
15 argument, so we're going to move forward.

16 MR. GALLAGHER: No, no, I'm not finished
17 yet, I'm still reading this, all right. This is my motion
18 for court-appointed attorney and my objection to the

19 sanction.
20 THE COURT: Sir, and we've already addressed

21 that. As I said, we have now entered into duplicative
22 argument, so I'm going to move forward.
23 MR. GALLAGHER: But if I can finish.

24 THE COURT: The order from November 14th of
25 2017 states that it's further ordered that the failure of

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Page 56
1 Ryan Gallagher to pay the attorney's fees, costs and

2 sanctions listed previously as well as comply with the
3 other terms of this order shall result in such additional
4 further sanctions or action which the Court deems just and

5 fair under the evidence after notice of hearing.
6 The Court is going to find that we've had a
7 notice of hearing. We've had a hearing this morning. I'm

8 going to order additional sanctions against Mr. Gallagher
9 for failure to comply with the order of November 14, 2017,

10 in the amount of $26,220.
11 Mr. Davis --
12 MR. GALLAGHER: I object and I disagree.

13 THE COURT: -- if we move forward, I'm not
14 going to --
15 MR. GALLAGHER: We'll take this all to the

16 supreme court if we have to.
17 THE COURT: -- proactively award fees, but
18 if you incur fees moving forward, then feel free to

19 approach the Court again.
20 MR. DAVIS: I understand.

21 THE COURT: But I'm only going to order fees
22 that have been incurred through this morning.
23 MR. DAVIS: I understand Your Honor's ruling

24 is that the additional sanctions will be awarded in the
25 amount of $26,220. And I will prepare and submit an order.

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Page 57
1 MR. GALLAGHER: I'm indigent so I can't pay

2 that, by the way. I just got out of a homeless shelter.
3 MR. DAVIS: I will submit an appropriate
4 order that reflects the Court's ruling.

5 THE COURT: Anything further this morning?
6 MR. DAVIS: Nothing from the County, Your
7 Honor, may we be excused?

8 THE COURT: Yes. Do you have the exhibits?
9 I have -- I think I need 5 through 13.

10 MR. GALLAGHER: Can I just say this is in
11 violation of Title 5, Chapter 110 and --
12 THE COURT: We're off the record.

13 (End of proceedings, 9:55 a.m.)
14
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21
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Page 58
1 STATE OF TEXAS )
2 COUNTY OF COLLIN )
3 I, Tonya Lebo, Deputy Court Reporter in and for the
4 416th District Court of Collin County, State of Texas, do

5 hereby certify that the above and foregoing contains a true
6 and correct transcription of all portions of evidence and
7 other proceedings requested in writing by counsel for the

8 parties to be included in this volume of the Reporter's
9 Record in the above-styled and numbered cause, all of which

10 occurred in open court or in chambers and were reported by
11 me.
12 I further certify that this Reporter's Record of the

13 proceedings truly and correctly reflects the exhibits, if
14 any, offered by the respective parties.
15 I further certify that the total cost for the preparation

16 of this Reporter's Record, Volumes 1 through 3, will be
17 reflected in the last volume of this Reporter's Record.
18 WITNESS MY OFFICIAL HAND, on this, the 29th

19 day of April, 2020.
20
21 _______________________________
22 Tonya Lebo, CSR #7891

Deputy Court Reporter
23 CSR #7891 - Expires 04/30/2021
416th District Court
24 Collin County, Texas
2100 Bloomdale Road
25 McKinney, Texas 75071
E-mail: tmlebo.usa@gmail.com

(972)998-5878

Collin County Transcript 416-00049-2020

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Page 1

22 proceedings came on to be held in the above-titled and

23 numbered cause before the Honorable Andrea Thompson, Judge

25 Proceedings reported by computerized stenotype machine.

Tonya Lebo, CSR #7891

Tonya Lebo, CSR #7891

3 JANUARY 23, 2020 PAGE VOL.

6 Vexatious motion argument by Mr. Davis.......... 07 2

7 Vexatious motion argument by Mr. Gallagher...... 12 2

9 DEFENDANT'S WITNESS DIRECT CROSS VOIR DIRE VOL.

11 Vexatious motion argument by Mr. Gallagher...... 33 2

12 Court's further ruling on vexatious motion...... 36 2

14 Contempt motion argument by Mr. Davis........... 37 2

15 Mr. Davis offers attorney's fees testimony...... 44 2

17 Court's ruling on contempt motion............... 55 2

Tonya Lebo, CSR #7891

Tonya Lebo, CSR #7891

3 THE COURT: 416-01458-2017, Ryan Gallagher

4 versus Collin County; 416-00049-2020, Ryan Gallagher versus

6 State your name and the party you represent,

9 Ryan Sasha Gallagher, Ryan Sasha Shiger & Kush (phonetic).

11 THE COURT: Okay. And you're representing

14 requesting a court-appointed attorney.

15 THE COURT: Okay.

17 Defendant, Collin County.

18 THE COURT: Okay. Why don't -- in that case

20 motion on behalf of Collin County to declare you vexatious.

22 two cases, the 01458 and 00049.

23 THE COURT: There is no basis to merge them.

25 THE COURT: They are not the same case and

Tonya Lebo, CSR #7891

1 there's no legal basis to merge them.

3 cases, the same Defendant, it's the same --

4 THE COURT: Okay. I disagree and I'm

6 MR. GALLAGHER: All right.

7 THE COURT: So they're going to stay

11 MR. GALLAGHER: The oldest motion on --

12 THE COURT: Hang on just a second, okay.

14 THE COURT: When you're talking they don't

17 you're saying if you're talking when I'm talking.

18 MR. GALLAGHER: Okay. All right.

22 THE COURT: You'll have your chance to tell

23 me whatever you want to tell me, but I want you to be able

Tonya Lebo, CSR #7891

1 MR. GALLAGHER: All right --

4 Mr. Davis, it's your motion.

6 please the Court. Bob Davis here on behalf of Collin

7 County. Mr. Gallagher is perhaps the worst vexatious

9 law and representing governmental entities.

11 the Civil Practice and Remedies Code, Chapter 11. There's

12 a variety of ways that a person can become a vexatious

14 seven-year period which are determined adversely against

17 repeatedly re-litigating matters that have already been

18 conclusively established against them. Mr. Gallagher is

20 The operative time period for this case is

22 that time he has filed 34 litigations. In --

23 MR. GALLAGHER: Appeals.

25 we had filed an appendix, which includes a listing of all

Tonya Lebo, CSR #7891

1 the federal cases, state cases in which Mr. Gallagher was

4 Court to take judicial notice of the records contained in

6 purposes of this vexatious motion.

7 THE COURT: Okay. The Court is going to

9 MR. DAVIS: In this situation I don't think