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Prisoner's Civil Suit Filed When Given to Prison Officials in Texas
Loaded on May 15, 2007
by Matthew Clarke
By Matthew T. ClarkeOn December 8, 2004, the Texas Court of Appeals held that a prisoner's
lawsuit was considered filed the day he turned it over to prison officials
for mailing.
Edwin H. Witherspoon, a Texas state prisoner, filed a civil rights suit
against prison officials in state court. …
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More from Matthew Clarke:
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- Federal Court Places Medical Care in Arizona Prisons Under Receivership, May 1, 2026
- In Texas, Harris County Commissioners Approve $1.2 Million for Fourth Study of Jail Since 2020 After Dozens of Abuse Allegations, April 1, 2026
- Texas Attorney General Clarifies Scope of Statute Requiring Outside Agency Investigation of Jail Deaths, April 1, 2026
- D.C. Judge Blocks Transfer of Biden-Commuted Federal Death Row Prisoners to “Supermax,” Citing Lack of Meaningful Due Process, April 1, 2026
- Eighth Circuit Revives Lawsuit Over Iowa Jail Detainee’s Suicide, April 1, 2026
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More from these topics:
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026. Limitations, Habeas Corpus, AEDPA, Appealable Issues/Orders, Failure to Address/Advise Defendant.
- Eleventh Circuit Upholds Dismissal of Six Female Alabama Jail Detainees’ Sexual Assault Suit, Jan. 1, 2026. Jail Misconduct, Summary Judgment, Limitations, Municipal Liability, Criminal Sexual Abuse.
- Ninth Circuit Grants Equitable Tolling Under AEDPA Where Attorney Abandoned Prisoner by Failing to Communicate for Nine Months and Prison Officials Delayed Processing Filing Documents, Dec. 15, 2025. Attorney Misconduct, Legal Materials, Law Library Access/Adequacy, Limitations, AEDPA.
- First Circuit: District Court Abused Discretion by Sua Sponte Raising Statute of Limitations Defense to Habeas Petition After Respondents Had Intelligently “Waived” It by Being Aware of Availability but Failing to Assert It, Nov. 15, 2025. Defenses, Limitations, Habeas Corpus, Double jeopardy, Knowingly and Intelligently.
- Eighth Circuit Announces § 2255 One-Year Limitations Period Begins to Run in Deferred-Restitution Criminal Case When Subsequent Amended Judgment Finalizes Amount, Nov. 15, 2025. Limitations, Habeas Corpus, Restitution, AEDPA.
- Appeals Court Rules Michigan’s Tolling Provision Is Not Inconsistent with the PLRA, Nov. 1, 2025. Administrative Exhaustion (PLRA), Limitations, 42 U.S. Code § 1983, civil action for deprivation of rights, Tolling of Statutes of Limitations and Laches.
- Ninth Circuit Reaffirms Longstanding Precedent That District Court Cannot Sua Sponte Dismiss Untimely Habeas Corpus Petition Without Giving Petitioner Prior Notice and Opportunity to Respond, Oct. 15, 2025. Limitations, Habeas Corpus, Summary Disposition, Tolling of Statutes of Limitations and Laches, Denial of Due Process.
- Dismissal Not Authorized for Oregon Victim’s Refusal to Comply With Subpoena, Oct. 4, 2020. Civil Procedure, Subpoenas, Fair Trial.
- First Circuit Announces No Joint Participation Exception to Spousal Testimonial Privilege, Feb. 14, 2019. Civil Procedure, Marriage.
- Seventh Circuit: Habeas Petition Challenging § 841 Recidivism Sentence Enhanced with Vacated State Convictions is Not Time-Barred by § 851(e) Statute of Limitations, Nov. 28, 2018. Rehabilitation/Recidivism, Limitations, Habeas Corpus.

