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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 …
Brief • June 27, 2011
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. …
Article • May 15, 2011 • from PLN May, 2011
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 …
Article • May 15, 2011
Filed under: Work, Inability to Work
Fifth Circuit: Violating Texas Prisoner's Medical Work Restrictions States Claim by On April 21, 2009, the Fifth Circuit court of appeals held that a prisoner stated a viable claim when he alleged that prison employees forced him to work in ways that violated restrictions the medical department had placed on …
Austin, Texas Settles Police Shooting Report Access Suit for $12,000 by On June 3, 2010, the City of Austin, Texas agreed to pay $12,000 to settle a lawsuit brought by the Texas Civil Rights Project (TCRP). TCRP Director Jim Harrington said the group agreed to the settlement, which covers TCRP's …
Article • May 15, 2011
TDCJ Pays $80,162.50 to Settle Suit over Truck Collision by In June, 2004, the Texas Department of Criminal Justice (TDCJ) agreed to settle a lawsuit over a collision caused by a prisoner-driven tractor trailer for $80,162.50. On July 20, 2000, Texas state prisoner Richard Wayne Howe, Jr. was driving a …
Article • May 15, 2011 • from PLN May, 2011
Filed under: Family, Family Law
Practice of Jailing Parents Who Owe Child Support Raises Questions, Concerns by Matthew Clarke by Matt Clarke Statistics from fiscal year 2009-2010 indicate that parents living in the San Antonio, Texas area who fail to pay child support run a greater risk – five times greater – of being jailed …
Prison Pays: Geo Corp Profits from Half-Way House Murder and Mayhem in Texas by Craig Malisow Despite a history of abuse and bad conditions, private-prison corporation GEO Group keeps getting contracts in Texas by Craig Malisow Anthony Ferrell left the Ben A. Reid halfway house in northeast Houston on October …
Article • May 15, 2011 • from PLN May, 2011
Inadequate Medical Care in Texas Jails Kills Hundreds of Prisoners by Matthew Clarke by Matt Clarke According to information provided by the Texas attorney general’s office, 282 prisoners died due to medical causes in county jails run by the state’s 254 sheriff’s departments between January 2005 and September 2009. That …
Texas: $5 Million Settlement in TransCor Sex Abuse Case by In October 1999, prisoner Cheryl Schoenfeld was sexually assaulted by two TransCor employees while being transported through Texas. TransCor, a subsidiary of private prison firm Corrections Corp. of America (CCA), transports prisoners nationwide. TransCor guards Michael Jerome Edwards and David …
Article • April 15, 2011
Texas Prisoner Allowed To Appeal IFP Despite Misfiling Affidavit by Matthew Clarke By Matt Clarke On September 24, 2008, a Texas court of appeals issued an order allowing a Texas prisoner to proceed in forma pauperis despite having improperly filed his affidavit of indigence with the wrong court. Junior Ray …
Texas Court of Appeals Reverses Dismissal of Prisoner's Retaliation Suit by By Matt Clarke On September 10, 2008, a Texas state court of appeals reversed the Chapter 14, Texas Civil Practice & Remedies Code, dismissal of a state civil rights action brought by a prisoner under 42 U.S.C. § 1983. …
Article • April 15, 2011
Fifth Circuit: "Some Evidence" Not Required To Deny Texas Mandatory Supervision by Matthew Clarke Fifth Circuit: "Some Evidence" Not Required To Deny Texas Mandatory Supervision By Matt Clarke On December 12, 2008, the Fifth Circuit court of appeals held that the "some evidence" standard of Superintendent v. Hill, 472 U.S. …
Article • April 15, 2011
Texas Court Must File Prisoner Suit if Unpaid Previous Indigent Case on Appeal by Matthew Clarke By Matt Clarke On November 26, 2008, a Texas court of appeals held that a state district court must file a prisoner's civil suit petition even if he had not paid for the court-ordered …
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