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Official Capacity Not the Same as Governmental Agency in Texas Civil Suit
by Matt Clarke
On June 24, 2010, a Texas Court of Appeals held that suing employees of the Texas Department of Criminal Justice (TDCJ) in both their official and individual capacities was not the same as suing both the governmental entity and the employees, and thus the employees did not ...
On June 24, 2010, a Texas Court of Appeals held that suing employees of the Texas Department of Criminal Justice (TDCJ) in both their official and individual capacities was not the same as suing both the governmental entity and the employees, and thus the employees did not ...
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More from this issue:
- Remembering Attica Forty Years Later, by Dennis Cunningham
- Extra Earned Time Sentence Reductions Save Oregon $25 Million
- From the Editor, by Paul Wright
- 800,000 Ex-Offenders Regain Voting Rights – 5.3 Million More to Go
- Female Prisoners Removed from CCA Facility in Kentucky
- PLN Files Censorship Suit Against Michigan Jail over “Postcard Only” Policy
- Reform Comes to Maine Supermax: New commissioner cuts population by more than half; prisoner rights advocates help in the reform, by Lance Tapley
- $73,700 Jury Award for Guard’s Sexual Encounters with Massachusetts Prisoner, by David Reutter
- New Mexico Spends $20 Million in Federal Stimulus Money to Fund Prison Jobs
- Sixth Circuit Upholds Tennessee’s Financial Obligation Re-Enfranchisement Law, by Mark Wilson
- Ninth Circuit Finds Maricopa County Jail’s Cross-Gender Strip Searches Unreasonable
- $60 Million in Strip Search Settlements for Cook County Jail Prisoners, by Derek Gilna
- California: OAL Disapproves Proposed Parole Board Regulation Formalizing Lifer Risk Assessments, by Michael Brodheim
- Feds Pay Wrongfully Convicted D.C. Men $1.9 Million
- Florida Reenacts Reconstruction-Era Felon Disenfranchisement Rule, by David Reutter
- EEOC Files Suit Against GEO Group for Sexual Harassment at Arizona Prisons
- Georgia Deputy Fired for Refusing Threesome with Sheriff
- Feds Intervene in Suit, Allege “Sadistic” Stun Gun Use at Ohio Jail; Jail Settles, by Brandon Sample
- Federal Court Dismisses Virginia Lifers’ Parole Suit
- New Laws Improve Job Prospects for Former Prisoners
- Florida Prisoner’s Suicide Suit Settles for $500,000
- $85,000 Settlement in Philadelphia Wrongful Imprisonment Suit
- Former Federal Prisoner Seeks Almost $280,000 in Attorney Fees from BOP
- Prisoners Used to Clean Foreclosed Houses in Georgia
- Third Circuit Upholds Unanimity Requirement for Pennsylvania Pardon Recommendations
- Texas Chaplain Who Complained of Jail Conditions Reinstated, Suit Settled
- Protective Order Denied in Privately Run Florida Juvenile Facility Class-Action Suit, by David Reutter
- $4.5 Million Settlement in Texas County Jail Strip Search Suit
- Florida’s House Speaker Wants to Quicken Executions, by David Reutter
- Third Circuit Upholds Pennsylvania Sex Offender Treatment Parole Requirement, by Mark Wilson
- Michigan Prisoner’s Failure to Protect Case Settles for $100,000
- Florida Courts Criticize Indefinite Detention While Awaiting Civil Commitment Trials
- North Carolina Prisoner’s First-Degree Murder Conviction is Valid Basis to Deny Awarding Good Time Credits, by David Reutter
- Parole Violator Leaps to Death at Alaskan Jail
- North Carolina Jail Prisoner Housed with TB Infected Cellmate Receives $2,250 Settlement
- New Mexico State Auditor Investigates Prison Contracts
- Washington State Closes McNeil Island Prison, by David Reutter
- Canadian Prison Guards Hold Prisoners at Gunpoint for 10 Days
- Smoke ’Em if You Got ’Em, Says Oklahoma DOC
- California: Orange County Jail System Ordered to Remedy ADA Violations, by Michael Brodheim
- Oregon Settles Prisoner’s Heart Failure Medical Mistreatment Case for $390,000, by Mark Wilson
- Arizona County to Pay Ex-Prisoner $325,000 in Jail Guard Beating
- An American Radical: Political Prisoner in My Own Country, by Susan Rosenberg (Kensington Publishing Corp. 2011), 400 pages, $14.95 paperback
- UNICOR Wins $20 Million No-Bid Body Armor Contract
- Federal Stimulus Money Not Spent as Intended by San Diego County Probation Department
- Paperwork SNAFU Leaves Mentally Ill Woman Jailed in Louisiana for Eight Months
- California State Auditor Reports on CDCR Malfeasance
- Official Capacity Not the Same as Governmental Agency in Texas Civil Suit, by Matthew Clarke
- News In Brief
More from Matthew Clarke:
- U.S. Sentencing Commission Publishes Data Report on Compassionate Release in FY 2023, Oct. 1, 2024
- Fourth Circuit Vacates Order Denying § 2254 Motion, Remands for Evidentiary Hearing on Whether Counsel’s Failure to Object to Duplicative Drug Conspiracy Counts in Violation of Double Jeopardy Clause Was Strategic, Oct. 1, 2024
- Rhode Island Supreme Court Holds Temporal Requirement of ‘Recent Fabrication’ Exception to Hearsay Rule Not Satisfied and Scribbled Note Made by Child Victim of Sexual Abuse Years After Alleged Events Not ‘Excited Utterance’, Oct. 1, 2024
- Virginia Governor’s Veto Exposes Prisoners Who Took Plea Bargains to Civil Rights Violations, Sept. 15, 2024
- Law Review Article Reports Metadata on Victims of Coercive Plea Bargaining, Sept. 1, 2024
- California Court of Appeal Announces Correct Legal Standard for Whether Dismissal of Sentence Enhancement Would ‘Endanger Public Safety’ Under § 1385(c)(2) Is Dangerousness at Time of Future Release, Not at Time of Resentencing Under SB 1393, Sept. 1, 2024
- New Mexico Supreme Court Holds Double Jeopardy Applies When Prosecutor’s Misconduct Willfully Disregarded Resulting Mistrial, Sept. 1, 2024
- After Spike in Jail Deaths, Riverside County Sheriff’s Department Under California Department of Justice Investigation, Aug. 15, 2024
- $7.5 Million Settlement in Suit Over California Jail Death, Aug. 15, 2024
- Oregon Transgender Prisoner Claims Abusive Violation of Injunction, but Court Declines Sanctions, Aug. 15, 2024
More from these topics:
- Report Finds Exploitative Disciplinary Fines in One-Third of U.S. Prison Systems, Aug. 15, 2024. BOP Litigation Reports, Seizure of Prisoner Funds, Fines.
- Colorado Lawmakers Take a Pass on Cash Assistance for Released Prisoners, Aug. 15, 2024. Seizure of Prisoner Funds, Post-release, ex-offender, re-entry.
- Criminalizing Poverty Drives Mass Incarceration in Kentucky, Washington, Aug. 15, 2024. Seizure of Prisoner Funds, Socio-Economic Status, Effects of Mass Incarceration.
- Pennsylvania Supreme Court Slows the Hand That State DOC Sticks Into Prisoners’ Pockets, July 1, 2024. Money/Property, Seizure of Prisoner Funds.
- Arizona Sheriff Accused of Misusing Detainee Funds to Buy Guns, Ammo, May 1, 2024. Police Misconduct, Money/Property, Seizure of Prisoner Funds, Commissary, Police/Govt Misconduct.
- Washington Superior Court Says Jail Cannot Bill Poor Detainees for Medical Care, May 1, 2024. Medical, Seizure of Prisoner Funds, Booking Fees.
- $11.6 Million Settlement Reached in HRDC Debit Release Card Case in Washington; California Victory Remanded, April 1, 2024. Seizure of Prisoner Funds, HRDC Litigation.
- Seventh Circuit Revives Prisoner’s Challenge to Seized $10,000, March 1, 2024. Disciplinary Hearings, Hearing Officers, Seizure of Prisoner Funds.
- First Circuit Lets BOP Take Prisoner’s Entire $10,956.36 Trust Account Balance for Restitution, Feb. 1, 2024. Seizure of Prisoner Funds, Restitution, Trust Accounts.
- After Winning $15,000 Settlement, California Trans Prisoner Forces CDCR to Replace Missing Trust Account Deposits, Dec. 1, 2023. Retaliation for Filing Grievances, Grievances, Seizure of Prisoner Funds, Transgender.