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Texas Court Abused Discretion by Dismissing Prisoner's Retaliation Suit
Loaded on Nov. 15, 2003
published in Prison Legal News
November, 2003, page 31
by Matthew T. Clarke A Texas state court of appeals has held that the trial court abused its discretion when it dismissed a prisoner's suit that alleged retaliation for accessing federal courts.
Angel Martinez Vacca, a Texas state prisoner, filed suit in state court under 42 U.S.C. § 1983, alleging …
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More from this issue:
- Bloated Prison Budget Fuels California's Degenerative Incarceration Spiral, by John E Dannenberg
- Washington Mail Ruling Published
- From the Editor, by Paul Wright
- Pro Se Tips and Tactics: Magistrate Judges in Federal Courts, by John Midgley
- South Carolina Cuts ACA Accreditation at Four State Prisons, by Lonnie Burton
- World Court Orders U.S. to Stop Executing Mexicans
- Over 600 Prisoners Brutalized by New Jersey Prison Guards, by Gary Hunter
- Texas Doesn't Have to Pay Interest on Trust Fund Accounts
- Court Reporter Jailed for Botching VitaPro Trial Transcripts; Convicted Prison Chief Still Free
- Sexual Abuse at Haltom City Jail in Texas
- Mothers in Prison Losing All Parental Rights, by Ann Farmer
- Inmate Compensation Program Applies to Federal Pretrial Detainees
- Phoenix Sheriff Arpaio Liable for Tent City Assault, Prisoner Awarded $635,532
- Ninth Circuit Judge Investigated for Writing Condemned Prisoner
- Jury Awards $1.75 Million Against CMS in Illinois Jail Suicide
- Kansas Prisoners Denied Credit for Time on Parole
- Expert Testimony Required in Alaska Medical Suits
- 100+ Canadian Prisoners Attempt to Escape from Private Superjail; Racial Profiling Alleged
- Injunction Prohibits Virginia Grooming Policy Enforcement on BOP Prisoners
- Washington Supreme Court Upholds Denial of Negligent Parole Supervision Claim
- First Circuit Reverses 12(b)(6) Dismissal in Jail Rape Case
- Confinement for Nonpayment Without Willfulness Violates Due Process
- Trial Required in Pennsylvania Guard Beating, by John E Dannenberg
- Education in Prison Declines
- Texas Courts Clarify Prisoners' Right to Civil Bench Warrant
- Gay Prisoners Not Entitled to Double-Occupancy Cell
- Unauthenticated Evidence Does Not Support Summary Judgment
- Incarceration Not Grounds for Termination of Parental Rights in Nevada
- $112.50 Per Hour Post-Judgment Attorney Fees Upheld Under PLRA, by Bob Williams
- Eighth Circuit Affirms Damages Award, Discovery Sanctions, Fees in Missouri Pepper Spray Case
- America Without the Death Penalty: States Leading the Way, by Robert Woodman
- Oklahoma Prisoner/Paupers May Be Required to Pay Partial Filing Fee
- Video-Visits Out in New Mexico Prisons, by Gary Hunter
- Arizona Surcharge on Fines Upheld
- Oklahoma Jail Pays $385,000 Settlement in Baby's Death
- Guard Awarded $515,813 Against Private Medical Provider
- Texas Court Abused Discretion by Dismissing Prisoner's Retaliation Suit
- Pepper Spray Drift Injury Can Be Actionable, by John E Dannenberg
- Texas Prisoner Gets 30-Day Grace Period to File Expert Affidavit
- News in Brief
- Sex Offender Registries Asked: Where Are All the Sex Offenders?
More from these topics:
- California Appeals Court Holds Defendant Cannot Be Penalized for Failing to Appear at Sentencing When He Was Being Held in Another County’s Jail on Preexisting Charges, July 1, 2026. Disciplinary Hearings, Due Process, Procedural Default/Error, Evidence - Admissibility, Plea Agreements/Guilty Pleas.
- Arkansas Board of Corrections Settles Sunshine Law Charges, Caving to Governor’s Power Grab, May 1, 2026. Retaliation for Litigating, State Legislation, Public Records Act, Constitution, state, Community Confinement/Home Detention.
- Eighth Circuit Rules Iowa Prisoner’s Adverse Summary Judgment Is Not a “Strike”, March 1, 2026. Filing Fees (PLRA), Frivolous Litigation (PLRA), Summary Judgment, Failure to Treat (Mental Illness), Access To Courts.
- Alaska Prisoner’s Discipline for Violating Invalidated Rule Tossed, March 1, 2026. Disciplinary Hearings, Access to Media, Statutory Construction/Interpretation, Authority and Jurisdiction, Administrative Detention/Segregation.
- Arkansas “Jailhouse Attorney” Secures Return from Retaliatory Transfer Out of State, Dec. 1, 2025. Out of State Transfers, Retaliation for Litigating, Prisoner Legal Assistance, Religious Practices, Religious Land Use and Institutionalized Persons Act (RLUIPA).
- Sixth Circuit Clarifies What Constitutes PLRA “Strike” and Reinstates Michigan Prisoner’s Lawsuit, Nov. 1, 2025. Filing Fees (PLRA), Frivolous Litigation, Sovereign Immunity, Access To Courts.
- Ninth Circuit Springs California Prisoners from “Catch-22” Reading of PLRA, Oct. 1, 2025. Filing Fees (PLRA), Mental Health.
- Multiple Prisoner Suits Accuse Guards of Violence at Virginia BOP Lockup, Aug. 1, 2025. Racial Discrimination, False Charges (Disciplinary Hearings), Guard Brutality/Beatings, Restraints, Failure to Treat (Mental Illness), Discrimination (Transgender).
- Sixth Circuit: Michigan Tolling Statute Applies to PLRA Administrative Exhaustion Requirement, July 15, 2025. Retaliation for Litigating, Administrative Exhaustion (PLRA), Tolling of Statutes of Limitations and Laches.
- $3.15 Million for Illinois Prisoner Raped by Guard and Then Denied “Boot Camp”, June 1, 2025. Staff-Prisoner Assault, Retaliation for Litigating, Prison Rape Elimination Act.