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Article • November 15, 2011
U.S. Supreme Court Defines Prevailing Party for § 1988 Purposes by U.S. Supreme Court Defines Prevailing Party for § 1988 Purposes The U.S. Supreme Court held that the touchstone of the prevailing party inquiry must be the material alteration of the legal relationship of the parties in a manner that …
Article • November 15, 2011
Texas: Dismissal of Prisoner’s Property Confiscation Claim Reversed Where TDCJ Contraband Rule “Not Unambiguous” by In February 2010, the Court of Appeals of Texas (Waco) reversed in part a trial court’s order dismissing as frivolous a prisoner’s suit alleging that prison officials wrongfully confiscated and thus converted his personal property …
Doe v. Neveleff, TX, Complaint, ICE Detainee Sexual Abuse, 2011 Case 1:11-cv-00907 Document 1 Filed 10/19/11 Page 1 of 76 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION SARAH DOE; KIMBERLY DOE; and RAQUEL DOE, on behalf of themselves and all others similarly situated, Plaintiffs, v. …
Louisiana Sex Offender Agrees to Surgical Castration by David Reutter What should be done with sex offenders who are not prison guards, cops or priests is an emotionally-charged issue. Most states have adopted some form of civil commitment, but others have adopted the more drastic option of chemical and surgical …
Article • October 15, 2011 • from PLN October, 2011
Filed under: News, News in Brief
News In Brief: by Alaska: On June 29, 2011, a federal pretrial detainee, Sabil Mujahid, 54, was convicted of a dozen charges related to raping and threatening three other prisoners at the Anchorage Correctional Center. Mujahid was accused of preying on smaller, younger prisoners who had cognitive disabilities. He was …
Article • September 15, 2011
Filed under: Commentary/Reviews
Life and Death in a Cold, Lonely Cell by Sid Hawk Byrd Sid Hawk Byrd | November 16, 2007 | Features I sit in a prison cell. It's only 5 feet wide. I can stretch out my arms and place both palms flat against the walls. There is a 6-foot …
Article • September 15, 2011
Texas Prisoner States Arguable 1983 Claim by Asserting That He Was Forced to Walk to Shower Undressed in Winter by John Michael Withrow, a Texas state prisoner was forced to walk 400 feet to the shower, wearing only his underwear during the winter months. He filed suit in federal district …
Article • September 15, 2011
Fifth Circuit: Texas DNA Testing Motion Tolls Federal Habeas Limitations by Matthew Clarke by Matt Clarke On November 14, 2007, the Fifth Circuit court of appeals ruled that a post-conviction DNA testing motion filed pursuant to Chapter 64 of the Texas Code of Criminal Procedure (C.C.P.) tolled the one-year limitations …
Article • September 15, 2011
Texas Parolee Has Right to Preliminary Revocation Hearing Despite New Charges by On October 3, 2007, the Texas Court of Criminal Appeals held that a Texas parolee has a right to a preliminary parole revocation hearing even if the parolee is imprisoned awaiting trial on a new charge. Jesse Richard …
Article • September 15, 2011
Texas Supreme Court: Error to Dismiss Appeal for Untimely Indigence Affidavit by On November 2, 2007, the Supreme Court of Texas held that a court of appeals may not dismiss an appeal because the appellant failed to file an affidavit of indigence “with or before” the notice of appeal. Linda …
Article • September 15, 2011 • from PLN September, 2011
Official Capacity Not the Same as Governmental Agency in Texas Civil Suit by Matthew Clarke 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 …
Texas Chaplain Who Complained of Jail Conditions Reinstated, Suit Settled by In January 2011, Gail Hanson was reinstated as a volunteer chaplain at the Cameron County Jail in Brownsville, Texas. She had been banned from the facility after she publicly criticized conditions at the jail, and her reinstatement was part …
Article • September 15, 2011 • from PLN September, 2011
$4.5 Million Settlement in Texas County Jail Strip Search Suit by On January 12, 2011, a Texas federal court approved a $4.5 million settlement in a civil rights lawsuit involving suspicionless strip searches of people booked into the Bexar County Detention Center (BCDC) in San Antonio, Texas for minor offenses. …
Article • September 15, 2011
Rape By Houston Jail Guard Nets $300,000 Jury Award by Rape by Houston Jail Guard: $300,000 Jury Award Linda Lu, a former prisoner at the Harris County Jail in Houston, Texas, filed suit in the 125th District Court of Harris County alleging that Harris County Deputy Marcus S. Fleck twice …
U.S. Supreme Court: No Monetary Damages Against States Under RLUIPA by On April 20, 2011, the U.S. Supreme Court ruled that state sovereign immunity bars recovery of monetary damages under the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. § 2000cc, et seq. Harvey Leroy Sossamon III, a …
Article • August 15, 2011 • from PLN August, 2011
Fifth Circuit Vacates Dismissal of Habeas Challenge to Texas Parole Changes by On February 2, 2011, the Fifth Circuit Court of Appeals vacated a district court’s judgment dismissing a prisoner’s challenge to retroactive changes in Texas parole procedures. Matthew Clarke, a Texas state prisoner and PLN contributing writer, filed a …
Article • August 15, 2011 • from PLN August, 2011
Supreme Court Allows § 1983 Challenge to Texas Post-Conviction DNA Testing Law by Supreme Court Allows § 1983 Challenge to Texas Post-Conviction DNA Testing Law On March 7, 2011, the U.S. Supreme Court held that a Texas prisoner could challenge the due process he received under Texas’ post-conviction DNA testing …
Article • August 15, 2011 • from PLN August, 2011
Filed under: Medical, Vision
Fifth Circuit Upholds $355,000 Award Against Dallas County in Jail MRSA Case by On January 13, 2011, the Fifth Circuit Court of Appeals upheld a judgment in a lawsuit filed by a former prisoner who contracted Methicillin-Resistant Staphylococcus Aureus (MRSA) while incarcerated at the Dallas County Jail, resulting in the …
Article • August 15, 2011 • from PLN August, 2011
Federal Court Dismisses PLN’s Texas Prison Censorship Suit; Appeal Pending by On January 4, 2011, a Texas federal district court dismissed PLN’s challenge to censorship of books by the Texas Department of Criminal Justice (TDCJ). PLN had filed a civil rights suit under 42 U.S.C. § 1983 against TDCJ Executive …
Article • August 15, 2011 • from PLN August, 2011
Texas Prison Phones and Emails Generate Less Revenue Than Expected by When the Texas legislature passed SB 1580 in 2007, requiring the Texas Department of Criminal Justice (TDCJ) to install phones in state prisons, Texas was the only state that did not allow prisoners to make regular phone calls. Even …
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