US Marshals Liable for Beating by Fred Sandoval is a federal prisoner. While being transported to a court hearing the Marshals Service placed him in a private jail run by the Wackenhut corporation, contracted to the US government. A Wackenhut guard antagonized another prisoner who, thinking Sandoval was the culprit, …
Racism and Treatment by Terrence Hazel by Terrance Hazel The Texas Department of Criminal Justice's (TDCJ) present method of administering Substance Abuse Treatment Programs (SATP) discriminate against Black and Hispanic inmates. Black and Hispanic prisoners are: 71 percent of inmate population (35,000+) 80 percent of that 71 percent have serious …
Grievance Procedure Tolls Statute of Limitations by William Gartrell is a Texas state prisoner. He filed suit under § 1983 claiming prison officials conspired to file trumped up disciplinary charges against him in retaliation for his legal activities; the disciplinary hearing and grievance procedure did not comport with due process; …
Due Process Protects Detainees from Violence by Raul Valencia is a pre-trial detainee in Brewster County, Texas. During a jail disturbance guards smashed Valencia's head into cell bars, choked him into unconcioussness and, after handcuffing him, beat him. Valencia filed suit under§ 1983 claiming this treatment violated his constitutional rights. …
Improved Jail Conditions Merits Attorney Fees by Two Wood County, Texas, jail prisoners filed suit under § 1983 claiming the jail had practices of denying prisoners access to the courts, improper classification, punitive isolation without due process, inadequate medical care, denial of reading material and overall unacceptable jail conditions. The …
Section 1983 Proper Remedy for Illegal Confinement by Spencer Parker is a Texas state prisoner. He filed suit under § 1983 claiming he was arrested and indicted for a burglary even though no evidence linked him to the crime. After nine months in jail the charges were dropped and he …
State Liable for County Jail Overcrowding by Jail prisoners in the Harris County Jail, Texas, filed suit against county and state officials claiming that overcrowding at the jail violated the eighth amendment. The district court found that it did and that both state and county officials had acted with deliberate …
Punishment of Pretrial Detainees Unlawful by Spencer Parker is a pretrial detainee in Texas. While awaiting trial in the jail's minimum security section he was moved to the violent offenders section in retaliation for arguing with a guard. As a result of the transfer he was assaulted and lost his …
Supreme Court Strikes Blow Against Attorney Fees by Adrian Lomax Since 1976, the Civil Rights Attorney Fees Award Act, 42 U.S.C. § 1988, has ensured that state officials would be forced to pay the attorney fees of the litigants who successfully sue state officials for violations of federal rights. This …
Texas Death Row Prisoners on Hunger Strike by Texas Death Row Prisoners On Hunger Strike Since July 19, 1992, more that 50 condemned prisoners on Texas's death row commenced a chain hunger strike. They are fasting in pairs for three days at a time, consuming only liquids, when the strike …
Five Boot Camp Guards Fired by Houston, Texas- Five Harris County, Texas, deputies were fired June 9 upon being indicted on felony charges for abusing inmates at the county's boot camp for first time offenders. Those charged are Darryl Coleman, Benny Galindez, Alfonso Giraldo, W.E. Jones and Joe Saenz. They …
Prisoner Fined for Frivolous Suit by Astate prison inmate sued a prison guard for $3.55 in actual damages, an injunction, and a declaratory judgement. His claim was that the guard took his coffee bag and two packs of cigarettes. Six days after the suit was filed, the trial court found …
Seeking Jailhouse Lawyers? by Gerald Mose National Association of Legal Assistances (sic) Certified Paralegal. Graduate of Southern Career Institute, seeks other S.C.I. graduates, and incarcerated paralegals, and everyone interested in prisoners' rights, prison reform, and civil rights to join me in establishing a monthly newsletter, and a network of paralegals …
Interstate Compact Does Not Create Liberty Interest by Fred Pletka was an Iowa prisoner in disciplinary confinement at the Iowa State Penitentiary when he was transferred to Texas under the interstate corrections compact. Shortly after arriving in Texas Pletka was released into the general prison population. Later, when he was …
Supreme Court To Define "Prevailing Party" for Purposes of Attorney Fees by Supreme Court To Define "Prevailing Party" For Purposes Of Attorney Fees Under 42 U.S.C. § 1983, a "prevailing party" in a federal civil rights suit may be awarded attorneys' fees. In civil rights cases such attorneys' fees may, …
Informant Testimony Must be Independently Weighed by Informant Testimony Must Be Independently Weighed Spellmon Bey is a Texas prisoner who was infracted for threatening other prisoners in order to extort commissary and sexual favors from them. The infraction was written by the unit captain, based on informant testimony, and listed …
Prisoner Entitled to Discover Identity of Attackers by Prisoner Entitled To Discover Identity Of Attackers Chris Murphy filed a 1983 suit claiming that while he was imprisoned in the Harris County Jail, in Texas, he was beaten and attacked by jail guards in retaliation for having complained of jail conditions. …
Prison System Increases Cell Integration to Avoid Fines by Faced with the threat of millions of dollars in fines, the Texas Department of Criminal Justice began increasing the number of racially integrated, two-person cells July 1. Before July only about 2 percent of the system's 11,000 double cells were integrated; …
Info on Free by Info on FREE Salutation and congratulations.... Yesterday I received my first copy of the Prisoners' Legal News, a victory all the same. I was impressed. [PLN only recently overturned a statewide ban on the newsletter in Texas.] I have been active in several ongoing litigations here …
Prisoners Must Be Fed by Alvin Cooper was a pre-trial detainee in Texas and filed a § 1983 suit claiming that jail guards were refusing to feed him. The officials did not deny the allegation but claimed Cooper wasn't fed because he refused to appear fully dressed at all meals. …
