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Article • August 15, 2013 • from PLN August, 2013
Filed under: Civil Procedure, Venue
Trial Held in Texas Prison Courtroom Not Open to the Public by The Texas Court of Criminal Appeals has ruled that a plea hearing in a criminal case held in a prison chapel was not open to the public, and thus violated the defendant's Sixth Amendment rights. Conrad Lilly, a …
Article • August 15, 2013 • from PLN August, 2013
Filed under: Media
Blowup at KPFT Radio's "Prison Show" in Texas by Blowup at KPFT Radio's "Prison Show" in Texas David Babb, the host of Houston Pacifica Foundation radio station KPFT's well-known "Prison Show," resigned in protest of the station management's decision to prohibit him from having former radio talk show host Jon …
Brief • August 9, 2013
Appell v. Stewart, TX, Settlement, Jail Suicide, 2013 SETTLEMENT AGREEMENT AND MUTUAL RELEASE WHEREAS, on or about November 8, 2012, Shirley Appell, individually and as heit'at law and the representative of the Estate of Shawn Appell (hereinafter "Plaintiff' or "Appell") brought suit against Donny Stewart and Scottie Scoggins, in their …
Article • July 13, 2013
Thirteen CEC Employees Indicted for Smuggling at Texas Private Prison by Matthew Clarke By Matthew Clarke On January 30, 2013, the U.S. Department of Justice announced that it had arrested twelve guards and a cook who were employed by private prison company Community Education Centers (CEC) at the Ector County …
Article • July 13, 2013
Newest Texas Criminal Justice Lobbyist is Powerful Texas Business Group by Matthew Clarke By Matt Clarke The most powerful business group in Texas, the Texas Association of Businesses (TAB) has announced its intention to influence the future course of criminal justice reform in Texas. TAB president Bill Hammond said TAB …
Filing • July 8, 2013
Filed under: Complaints
Prison Legal News v. Sheriff Bob Holder, Comal County, Complaint 2013 Case 5:13-cv-00591 Document 1 Filed 07/08/13 Page 1 of 9 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION PRISON LEGAL NEWS, a project of the HUMAN RIGHTS DEFENSE CENTER, § § § PLAINTIFF § v. § …
Brief • June 18, 2013
Appell v. Stewart, TX, SJ Motion, Jail Suicide, 2013 Case 1:12-cv-01027-SS Document 30 Filed 06/18/13 Page 1 of 9 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION SHIRLEY APPELL, individually and as heir at law and the representative of the Estate of Shawn Appell, PLAINTIFF v. DONNY STEWART, …
Prison Legal News Files Public Records Suit Against CCA in Texas by In a lawsuit filed in state court on May 1, 2013, Prison Legal News, represented by the Texas Civil Rights Project (TCRP), alleges that Corrections Corporation of America (CCA) is concealing information about CCA-run correctional facilities by failing …
Brief • June 10, 2013
Dobbs v. Farrell, TX, Settlement, Roadside Body Cavity Search, 2013 In the United States District Court for the Northern District of Texas Dallas Division Angel Dobbs, et al. PlaintitTs. v. David Farrell, el at, Defendants. § § § § § § § Civil Action No. 3:12-cv-05141-L .Jury Compromise and Settlement …
Article • May 15, 2013
$95,664 in Attorneys’ Fees Awarded in Texas Public Records Suit by On October 12, 2011, District Judge Caroline Baker ruled that under Texas Government Code §552.323(a) City of Houston was to pay Randall Kallinen and Paul Kubosh for their attorney's fees. Public safety activists Kallinen and Kubosh filed a lawsuit …
$57,500 Settlement for Texas Prison’s Discriminatory and Retaliatory Occurrences by In October 2006, the Texas Department of Criminal Justice (TDCJ) settled a suit for alleged discriminatory and retaliatory occurrences filed by former TDCJ's Parole Division Supervisor in San Antonio Manuel M. Mermea, Jr. In June 26, 2003, Mermea filed the …
CCA Warden's Title VII Claims Dismissed by When a Corrections Corporation of America (CCA) facility warden failed to establish a discriminatory practice, the 5th Circuit Court of Appeals affirmed the summary judgment dismissing the Title VII claims. After being promoted to warden at a new CCA facility: Red Rock Correctional …
Fifth Circuit Reverses District Court's Denial of Appointment of Counsel by On March 6, 2009, Fifth Circuit reversed the district court's denial of appointment of counsel and upheld the dismissal of free exercise, equal protection and retaliation claims. Texas prisoner Willie Lee Garner filed a pro se lawsuit pursuant to …
Article • May 15, 2013
Texas Pays $230,000 to Settle Lawsuit under the Texas Whistleblower Act by In September 2008, the Texas Department of Criminal Justice (TDCJ) settled a suit under the Texas Whistleblower Act filed by former employees William Douglas Bloodworth II and John O'Neill Green. In exchange for the lawsuit dismissal, the TDCJ …
Filing • May 1, 2013
Prison Legal News v. Corrections Corporation of America (Travis County, TX - CCA), Petition for Writ of Mandamus 2013 Filed 13 May 1 A9:51 Amalia Rodriguez-Mendoza District Clerk Travis District D-1-GN-13-001445 No. PRISON LEGAL NEWS, Plaintiff v. CORRECTIONS CORPORATION OF AMERICA Defendant. § § § § § § § § …
Article • April 15, 2013
Fifth Circuit Upholds Summary Judgment for Jewish Prisoners' Religious Practice by Texas prisoner Thomas H. Baranowski, Pro Se, appealed a summary judgment by the district court. Baranowski, a member of the Jewish faith, alleged that prison officials violated his First and Fourteenth Amendments and the Religious Land Use and Institutionalized …
Article • March 15, 2013
Pre-Suit Notice Not Required by Texas Tort Claims Act by Brandon Sample Serving a lawsuit within six months of an injury or loss satisfies the notice requirement of the Texas Tort Claims Act (TTCA), the Supreme Court of Texas held on October 1, 2010. Glen Colquitt sued Brazoria County under …
Article • March 15, 2013
Filed under: Sentencing, Habeas Corpus
Fifth Circuit Court of Appeals Denies Prisoner's Habeas Petition Challenging Calculation of Sentence by Derek Gilna Prisoner Isaac Leigh Hunter appealed from the district court's denial of his application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Hunter was seeking relief from a decision of the …
Article • March 15, 2013
Texas Parolee Dies Under Mysterious Circumstances After Arrest by Charles Albert Cathey III, 42, had been out of prison for almost a month and was living at the Last Chance Recovery Center for recovering substance abusers when he called the manager to tell him he would be about a half-hour …
Article • March 15, 2013
Fifth Circuit Upholds Blanket Strip Search Prohibition in Texas Jails by On September 22, 2010, the Fifth Circuit Court of Appeals held that employees of the Wood County, Texas sheriff’s department had violated Chandra Rae Jimenez’s Fourth Amendment rights when they strip searched her at the county jail in 2005 …
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