A federal judge dismissed a lawsuit by a Cameron County death row inmate who alleged his civil rights were being violated by the Texas Department of Criminal Justice.

In the lawsuit filed in 2019, Ruben Gutierrez asked to have a chaplain with him in the death chamber, but a state policy denied that.

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Gutierrez was convicted for the 1998 murder of 85-year-old Escolastica Harrison. 

The school teacher’s body was found in her home with multiple stab wounds. Gutierrez was one of three men charged in the murder that police said was over $600,000 Harrison had stashed in her home.

The TDCJ revised its policy in June 2021 to allow a spiritual advisor’s presence in the chamber. 

According to the dismissal filed on Friday, the TDCJ said they’ve approved all of Gutierrez’s religious requests, adding that “there is nothing left to enjoin.”

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U.S. District Judge Rolando Olvera Jr. called the lawsuit “moot” in his dismissal.

“In the end, Gutierrez simply wants an injunction that compels TDCJ to do what Director Lumpkin has already promised to do,” the dismissal stated.

Gutierrez remains on death row.

The United States Court of Appeals for the Fifth Circuit is currently reviewing an appeal filed by Gutierrez over the DNA evidence used in the trial.