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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 ...
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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:
- $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.
- Third Circuit Denies Qualified Immunity to Pennsylvania DOC in Prisoner’s Challenge to 26 Years of Solitary Confinement, May 1, 2025. Qualified Immunity, Control Units/SHU/Solitary Confinement.
- Fifth Circuit Denies Qualified Immunity to Louisiana Officials Who Forced Prisoner to Work with Broken Surgical Screws in Ankle, May 1, 2025. Prison Labor, Qualified Immunity, Immunity - Absolute and Qualified, Deliberate Indifference, Fair Labor Standards Act (FLSA).
- Eighth Circuit Affirms Denial of Qualified Immunity to Arkansas Jailers Who Ignored Detainee’s Spider Bite, March 1, 2025. Failure to Treat, Qualified Immunity, Immunity - Absolute and Qualified.
- Oregon Pays $50,000 to Settle Retaliation Suit by PLN Contributor, Who Wins Release, Feb. 15, 2025. Retaliation for Litigating, Retaliation for Media Contact, Settlements.
- Fourth Circuit Revives Claims Against Virginia Jailers by Detainee They Allegedly Manhandled While Handcuffed, Feb. 15, 2025. Videotaping, Guard Brutality/Beatings, Restraints, Summary Judgment, Physical Injury/Restraint.
- Sixth Circuit Revives Challenge by Kentucky Prisoner Left Three Weeks in “Rancid” Paper Undershorts, Feb. 15, 2025. Informants, Clothing, Sanitation, Summary Judgment, Deliberate Indifference.
- Seventh Circuit Offers Wisconsin Prisoner Just a Little Help in Suit Alleging He Was Held in Feces-Stained Cell Without Water, Feb. 15, 2025. Sewage, Water, Sanitation, Summary Judgment.
- Federal Facial Recognition Technology Fails Again, Feb. 1, 2025. Computer Searches, Evidentiary Ruling, Forensic Sciences.
- Eighth Circuit Affirms Denial of Qualified Immunity to Missouri Guards in Transgender Prisoner’s Suit Alleging Retaliation and Unreasonable Search, Jan. 15, 2025. Guard Misconduct, Retaliatory Searches, Qualified Immunity, Discrimination (Transgender), Immunity - Absolute and Qualified.