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Texas Criminal Court Fees are a Tax on Poor Defendants

Article • March 15, 2014 • from PLN March, 2014

Filed under: Civil Procedure, Filing Fees, Booking Fees

Texas Criminal Court Fees are a Tax on Poor Defendants by Matthew Clarke by Matt Clarke The Texas legislature has erected such a hodgepodge of criminal court fees that even the court administrators and clerks don’t know how to apply them. These fees, which are frequently not used for their …

Texas Courts Examine Proof of Ability to Pay Probation Fees before Revocation

Article • March 15, 2014 • from PLN March, 2014

Filed under: Civil Procedure, Costs, Probation

Texas Courts Examine Proof of Ability to Pay Probation Fees before Revocation by Matthew Clarke by Matt Clarke In a November 14, 2012 opinion, the Texas Court of Criminal Appeals held prosecutors are not required to prove that a probationer was able to pay fees and fines when his probation …

Taylor County, Texas Rarely Disciplines Jailers

Article • March 15, 2014 • from PLN March, 2014

Filed under: Misconduct/Corruption, Guard Misconduct

Taylor County, Texas Rarely Disciplines Jailers by Compared to scandals at the Harris County Jail in Houston – where guards have assaulted and had sex with prisoners, mistakenly released prisoners and abandoned their posts to play dominos [see: PLN, Sept. 2013, p.23] – problems at the Taylor County Jail in …

Eubanks v. Naik, TX, Summary Judgment Order, Untreated Sores Lead to Double Amputation, 2014

Brief • March 9, 2014

Filed under: Blood, Amputations

Eubanks v. Naik, TX, Summary Judgment Order, Untreated Sores Lead to Double Amputation, 2014 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION DONALD R EUBANKS, Plaintiff, VS. KOKILA NAIK, et al, Defendants. § § § § § § § § CIVIL ACTION NO. 3:11-CV-432 MEMORANDUM AND ORDER Plaintiff …

Acosta v. McMillan, TX, Settlement, School Tasing Causes Brain Injury, 2014

Brief • March 4, 2014

Filed under: Brain Injury, Stun Guns/Tasers, Excessive Force (Police)

Acosta v. McMillan, TX, Settlement, School Tasing Causes Brain Injury, 2014 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION MARIA ACOSTA, Individually and as Next Friend of NDR., A Minor; and OSCAR NINO DE RIVERA Individually, And as Next Friend of NDR, a Minor …

McCollum v. Livingston, TX, Order re Mot to Compel Deposition, Wrongful Death Heat, 2014

Brief • February 18, 2014

Filed under: Eighth Amendment, Exposure to Heat, Americans with Disabilities Act, Failure to Protect (Wrongful Death), Medical Neglect/Malpractice

McCollum v. Livingston, TX, Order re Mot to Compel Deposition, Wrongful Death Heat, 2014 Case 3:12-cv-02037-L Document 129 Filed 02/18/14 Page 1 of 7 PageID 2030 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION STEPHANIE MCCOLLUM, et al., Plaintiffs, § § § § § …

Possession of Rape Video Warrants Restitution; Victim Awarded Over $1 Million Thus Far; Supreme Court Grants Cert.

Article • February 15, 2014 • from PLN February, 2014

Filed under: Victims, Money/Property, Restitution, Mandatory Victims Restitution Act

Possession of Rape Video Warrants Restitution; Victim Awarded Over $1 Million Thus Far; Supreme Court Grants Cert. by When she was a little girl, Amy’s uncle videotaped himself raping her, then shared the video with other pedophiles. Now in her 20s, Amy (a pseudonym) is seeking restitution from everyone who …

PLN Settles Censorship Suit Against Texas County Jail for $175,000

Article • February 15, 2014 • from PLN February, 2014

Filed under: Mail, Publications/Books, PLN Litigation, Censorship

PLN Settles Censorship Suit Against Texas County Jail for $175,000 by In December 2013, Prison Legal News settled a federal lawsuit against Upshur County, Texas that alleged unconstitutional censorship when PLN’s publications were rejected by jail officials. The suit, filed in October 2012, named the county, Sheriff Anthony Betterton and …

Medical Parole for Texas Prisoners on the Decline

Article • February 15, 2014 • from PLN February, 2014

Filed under: Crime/Demographics, Statistics/Trends, Parole

Medical Parole for Texas Prisoners on the Decline by Matthew Clarke by Matt Clarke The number of prisoners granted medical parole in Texas decreased in fiscal year 2012 compared with those paroled due to medical reasons in the previous two years. The Texas Board of Pardons and Paroles approved just …

Kallinen v. City of Houston, TX, Freedom of Information Foundation Amicus Brief, Red Light Cams Public Records Request, 2014

Brief • February 13, 2014

Filed under: Public Records Act

Kallinen v. City of Houston, TX, Freedom of Information Foundation Amicus Brief, Red Light Cams Public Records Request, 2014 FILED 14-0015 SUPREME COURT OF TEXAS AUSTIN, TEXAS 2/13/2014 3:11:45 PM BLAKE HAWTHORNE CLERK No. 14-0015 In the Supreme Court of Texas ____________________________ Randall Kallinen and Paul Kubosh, Petitioners, v. The …

Kinney County, Addendum to 2nd Agreement (GEO, CEC), 2014

Publication • February 11, 2014

Filed under: GEO Group/Wackenhut, Community Education Centers, Immigration Detention

Kinney County, Addendum to 2nd Agreement (GEO, CEC), 2014 ADDENDUM TO THE SECOND AMENDED AND RESTATED FACILITY OPERATION AND MANAGEMENT AGREEMENT This Addendum to the parties Second . Amended and Restated Facility Operation and Management Agreement (hereinafter "Addendum") is entered into by and between KINNEY COUNTY, TEXAS (hereinafter 11 County11) …

Top Texas Judge Breaks the Law but Gets Special Treatment

Article • January 15, 2014 • from PLN January, 2014

Filed under: Misconduct/Corruption, Judicial Misconduct

Top Texas Judge Breaks the Law but Gets Special Treatment by Sharon Keller is the presiding judge of the Texas Court of Criminal Appeals – the state’s highest court for criminal cases. In April 2010, Keller was fined $100,000 after it was discovered that she had failed to report a …

Prison Legal News v. Sheriff Betterton & Upshur County, TX, Agreed Final Judgment 2013

Filing • December 19, 2013

Prison Legal News v. Sheriff Betterton & Upshur County, TX, Agreed Final Judgment 2013 Case 2:12-cv-00699-JRG Document 98 Filed 12/19/13 Page 1 of 7 PageID #: 1583 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION PRISON LEGAL NEWS, Plaintiff, v. ANTHONY BETTERTON, et al., …

Acosta v. McMillan, TX, Amended Complaint, School Tasing Causes Brain Injury, 2013

Brief • December 6, 2013

Filed under: Stun Guns/Tasers, Police--Excessive Force, Excessive Force (Wrongful Death)

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Acosta v. McMillan, TX, Complaint, School Tasing Causes Brain Injury, 2013

Brief • December 5, 2013

Filed under: Stun Guns/Tasers, Juveniles, Education (Juveniles), Excessive Force (Police)

Acosta v. McMillan, TX, Complaint, School Tasing Causes Brain Injury, 2013 Case 1:13-cv-01016-SS Document 4 Filed 12/05/13 Page 1 of 9 ! !"#$%&#'"!$&(#)$*$&)#(!)$+!,$#,-'+$# .-+#$%&#/&)$&+"#(!)$+!,$#-.#$&0*)# *')$!"#(!1!)!-"# 2*+!*#*,-)$*3#!45676589::;#945#9<#"=>?# .@6=45#AB#"(+C3#9#264A@D#945## -),*+#"!E-#(&#+!1&+*3#!45676589::;3#945#9<# "=>?#.@6=45#AB#"(+3#9#264A@3# # F:964?6BB<3# # 7C# # +*"(G#2,2!HH*"D#I*)$+-F#,-'"$GD#945# I*)$+-F#,-'"$G#!"(&F&"(&"$#),%--H# (!)$+!,$D## # (=B=4594?<C# J# # J# # J# # J# # J# # J# …

McCollum v. Livingston, TX, Brief in Support of Mot, Wrongful Death Heat, 2013

Brief • December 4, 2013

Filed under: Eighth Amendment, Exposure to Heat, Americans with Disabilities Act, Failure to Protect (Wrongful Death), Medical Neglect/Malpractice

McCollum v. Livingston, TX, Brief in Support of Mot, Wrongful Death Heat, 2013 Case 4:14-cv-03253 Document 103-1 Filed in TXSD on 12/04/13 Page 1 of 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION STEPHEN McCOLLUM, STEPHANIE KINGREY, and SANDRA McCOLLUM, individually and as heirs at law to …

McCollum v. Livingston, TX, Deposition of Owen Murray, Heat Stroke Death, 2013

Brief • November 20, 2013

Filed under: Stroke, Exposure to Heat, Wrongful Death

McCollum v. Livingston, TX, Deposition of Owen Murray, Heat Stroke Death, 2013 · · · · · ··IN THE UNITED STATES DISTRICT COURT · · · · · ··FOR THE NORTHERN DISTRICT OF TEXAS · · · · · · · · · · ··DALLAS DIVISION · ·......................................................... · · …

Fifth Circuit: No Right to RDAP for Non-citizen Federal Prisoner

Article • November 15, 2013 • from PLN November, 2013

Filed under: Habeas Corpus, Immigration, Mental Health, Drug Treatment/Rehab

Fifth Circuit: No Right to RDAP for Non-citizen Federal Prisoner by The Fifth Circuit Court of Appeals held last year that a non-citizen federal prisoner had no constitutional right to participate in a substance abuse rehabilitation program that could reduce his sentence by up to a year. Ricardo Gallegos-Hernandez, a …

Texas Prison Population Drops but Savings Evaporate

Article • November 15, 2013 • from PLN November, 2013

Filed under: Crime/Demographics, Statistics/Trends

Texas Prison Population Drops but Savings Evaporate by Matthew Clarke by Matt Clarke The prospects for cost savings in the operation of the Texas Department of Criminal Justice (TDCJ), now the nation’s largest state prison system, seemed optimistic in 2011 when the state made the unprecedented decision to close a …

Prisoners in Texas Jail Providing Less Slave Labor

Article • November 15, 2013 • from PLN November, 2013

Filed under: Prison Labor, Crime/Demographics, Escapes

Prisoners in Texas Jail Providing Less Slave Labor by According to Taylor County, Texas Sheriff Les Bruce, prisoners at the county jail in Abilene are performing less free labor than in the past. Bruce allowed low-risk prisoners convicted of non-violent offenses to perform work for the county in exchange for …