Mandamus Issued Voiding Texas Court’s Seizure Of Trust Fund without Process by Matthew Clarke by Matt Clarke A Texas court of appeals has conditionally granted a prisoner’s petition for a writ of mandamus, voiding a district court’s order garnishing funds from the prisoner’s trust fund to pay court costs in …
TDCJ Driver at Fault in Traffic Collision by In a claim filed March 14, 2008, attorney Donald DeGrasse of DeGrasse & Rolnick of Houston, sought remuneration from TDCJ for a traffic accident caused by a TDCJ employee. Attorney DeGrasse represented Chubb Insurance Group, which was the insurer of the other …
$150,000 Settlement in Wrongfully-Convicted Texan's Lawsuit by In March 2006, the Texas Department of Criminal Justice (TDCJ) settled for $150,000 a lawsuit brought by the guardian of a wrongfully-convicted man who was beaten by another prisoner and suffered permanent severe brain damage. Richard Danziger, a former Texas prisoner, was wrongly …
Federal Magistrate Judge May Conduct Voir Dire without Defendant’s Personal Consent, Supreme Court Holds by A federal magistrate judge may conduct voir dire in a criminal case upon consent of a defendant’s attorney. No personal consent by a defendant is necessary, the Supreme Court decided May 12, 2008. Homero Gonzalez …
TDCJ Blamed for Wrongful Death by On November 8, 2001, Attorney Bobby R. Taylor, with the Law Offices of Bobby R. Taylor in Austin, Texas, filed a civil action pursuant to 42 U.S.C. §§ 1981, 1983 and 1988 against a number of Texas Department of Criminal Justice (TDCJ) officials and …
TDCJ Guards Accused of Attacking Handicapped Prisoner by On June 11, 2001, Texas prisoner Santiago Elizalde, Jr., filed a complaint under 42 U.S.C. §1983 against the Warden, an Ad. Seg. Major and two prison guards at the Telford Unit where he was housed. His complaint alleged the two guards attacked …
TDCJ Guards Accused of Unprovoked Beating by On November 16, 2001, Texas prisoner Nigel Edwards filed a § 1983 civil action against David Campos and Ronnie Martinez, prison guards for the Texas Department of Criminal Justice. Edwards accused the guards of excessive force in an unprovoked attack upon him while …
$16 Million Federal Jury Award in Texas Jail Beating Suit by Matthew Clarke by Matt Clarke On January 12, 2011, a federal jury in Beaumont, Texas found in favor of a former Jefferson County prisoner who was beaten by jail employees during the intake process. The jury awarded over $16 …
Fifth Circuit: Habeas Petition Challenging Recent Parole Denial Not Considered Successive by Matthew Clarke by Matt Clarke On April 1, 2009, the Fifth Circuit Court of Appeals issued an order holding that a federal habeas corpus petition challenging procedures used to deny parole at a parole hearing which occurred after …
Failure to Protect May Raise Claim Under Federal Tort Claims Act by Matthew Clarke by Matt Clarke The Fifth Circuit Court of Appeals held that it was inappropriate to grant summary judgment against a prisoner who was assaulted by gang members after he had warned prison officials of the danger …
Fifth Circuit: No Mailbox Rule for Texas State Habeas Actions by Matthew Clarke By Matt Clarke On November 7, 2007, the Fifth Circuit court of appeals ruled that the "mailbox rule" did not apply to Texas state habeas corpus actions. Gene Edward Howland, a Texas state prisoner, delivered a state …
Fifth Circuit: No First Amendment Right to Use Vulgarity in Legal Mail by Matthew Clarke By Matt Clarke On June 8, 2009, the Fifth Circuit court of appeals held that a Texas prisoner has no First Amendment right to use profanity in legal mail directed at opposing counsel and the …
Boyd v. City of Houston, TX, Discovery Motion, Night Club Raid & Wrongful Arrest, 2011 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION DONALD EUGENE BOYD and CHARLES PRIBILSKI aka JIMMY OLSON, )( Plaintiffs, )( V. )( THE CITY OF HOUSTON, TEXAS, )( Defendant. …
Texas Prison System Must Accommodate Hearing-Impaired Visitors by Matthew Clarke by Matt Clarke On December 2, 2010, a Texas federal court entered summary judgment in favor of a visitor to a state prisoner who had sued the Texas Department of Criminal Justice (TDCJ) for failing to adequately accommodate his disability. …
Alfano v. CCA, TX, Complaint, inmate death diabetes, 2011 Case 3:11-cv-01006-P Document 1 Filed 05/16/11 Page 1 of 21 PageID 1 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION LEON ALFANO, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF PAMELA DARLENE WEATHERBY, NELDA ALFANO, DAREN C. …
Texas Prison Guard One of "America’s Dumbest Criminals” by Texas Prison Guard One of "America’s Dumbest Criminals” In September 2010, a Texas Department of Criminal Justice (TDCJ) prison guard was arrested for stealing beer and cigarettes from a convenience store. His prosecution will be aided by cell phone photos and …
Fifth Circuit: Wyoming Prisoner May Sue Texas Private Prison Officials by Matthew Clarke by Matt Clarke On June 16, 2008, the Fifth Circuit Court of Appeals ruled that a Wyoming state prisoner housed at a privately-operated prison in Texas could sue private prison officials for retaliation and taking money from …
Fifth Circuit: Sex Offender Conditions May be Imposed for Prior Sex Offense by Matthew Clarke by Matt Clarke The Fifth Circuit Court of Appeals held that a person on parole for a crime that was not a sex offense, but who had completed a sentence for a prior sex offense …
Fifth Circuit Reverses Pre-Filing Injunction; No Notice or Hearing Given by The U.S. Circuit Court of Appeals for the Fifth Circuit has reversed a district court’s injunction prohibiting a prisoner from filing suit without first obtaining court permission. Nasir Qureshi was enjoined by U.S. District Judge Lynn Hughes from filing …
TDCJ Releases Hold on Prisoner's Trust Fund Account by In August, 2006, Texas prisoner, Michael Gene David, signed a settlement agreement dismissing all claims in a lawsuit he filed pursuant to 42 U.S.C. § 1983 against TDCJ employee, Howard Hill, for retaliation and harassment. Represented by attorney Andrew Lehrman of …
