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Firing of Abusive Texas Prison Guards Upheld
The plaintiff correctional officers were fired for misconduct in connection with a use of force. After acquittal in their criminal trials, the prison system refused to restore their jobs. They claimed that the prison system had suppressed exculpatory evidence.
Their claims are time-barred.
Plaintiffs' RICO claims are insufficient because they do not specify the predicate offenses; they complain only of the supposed withholding of evidence. Nor do they show the danger of future criminal activity. Their allegations that conditions on the unit where they worked constituted cruel and unusual punishment are insufficient, since these do not coincide with any of the crimes enumerated under RICO as possible predicates.
Plaintiff officers do not have standing to complain of violations of the judgments in Ruiz v. Estelle. See: Nickerson v. Texas, 35 F.Supp.2d 512 (E.D.Tex. 1998).
Their claims are time-barred.
Plaintiffs' RICO claims are insufficient because they do not specify the predicate offenses; they complain only of the supposed withholding of evidence. Nor do they show the danger of future criminal activity. Their allegations that conditions on the unit where they worked constituted cruel and unusual punishment are insufficient, since these do not coincide with any of the crimes enumerated under RICO as possible predicates.
Plaintiff officers do not have standing to complain of violations of the judgments in Ruiz v. Estelle. See: Nickerson v. Texas, 35 F.Supp.2d 512 (E.D.Tex. 1998).
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Related legal case
Nickerson v. Texas
| Year | 1998 |
|---|---|
| Cite | 35 F.Supp.2d 512 (E.D.Tex. 1998) |
| Level | District Court |
| Injunction Status | N/A |