×
You've used up your 3 free articles for this month. Subscribe today.
Unauthenticated Evidence Does Not Support Summary Judgment
Loaded on Nov. 15, 2003
published in Prison Legal News
November, 2003, page 26
by Matthew T. Clarke
Filed under:
Retaliation for Litigating,
Civil Procedure,
Summary Judgment,
Parties,
Evidentiary Ruling,
Prisoner Property,
Qualified Immunity.
Location:
Texas.
A Texas state court of appeals held that the trial court's granting of TDCJ's motion for summary judgment was error because photocopies of prison rules attached to the motion were not authenticated.
Richard Allen Kleven, II, a Texas state prisoner, sued the Texas Department of Criminal …
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
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:
- Fourth Circuit Revives North Carolina Prisoner’s Suit Blaming Lazy Guards for Assault by Detainee, May 1, 2026. Failure to Protect (General), Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Cruel and Unusual Punishment, Deliberate Indifference.
- Oklahoma Supreme Court: Jail Trust Cannot Withhold Requested Records under Law Enforcement Exemption of ORA, May 1, 2026. Summary Judgment, Disclosure of Records, Public Records, Public Records Act, Statutory Construction/Interpretation.
- Seventh Circuit Upholds Liability but Reverses Damages in Lawsuit Over Illinois Warden and Investigator Using Prisoner as Bait to Catch Staff Member Raping Her, May 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Damages, Evidentiary Ruling, Cruel and Unusual Punishment.
- Indiana DOC Found in Violation of State Public Records Act for Withholding Execution Drug Cost Information, May 1, 2026. Summary Judgment, First Amendment, Public Records Act, Interlocutory Appeals, Lethal Injection Method of Execution.
- 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.
- $2.75 Million Paid by Washington County and NaphCare for Jail Detainee’s Suicide, April 1, 2026. Naphcare, Qualified Immunity, Medical Neglect/Malpractice, Suicides, Deliberate Indifference.
- Eighth Circuit Revives Lawsuit Over Iowa Jail Detainee’s Suicide, April 1, 2026. Summary Judgment, Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness), Suicides.
- Digital Tablet Shift Brings Added Cost, Lost Data to Prisoners in California, April 1, 2026. Computers, Prisoner Property, Telephone Rates, Securus, Global Tel*Link Corp.
- $10.3 Million Paid for Teen’s Death at Kansas Juvenile Detention Facility, April 1, 2026. Restraints, Qualified Immunity, Excessive Force (Wrongful Death), 42 U.S. Code § 1983, civil action for deprivation of rights, Wrongful Use of Force.
- 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.

