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Article • May 15, 2008
Court Holds 11th Amendment Doesn't Bar Consent Decree Enforcement by The defendant state officials argued that under the Eleventh Amendment, a consent decree enforcing statutory rights could not be enforced to the extent that decree provisions went beyond the requirements of federal law. Judge Justice doesn't buy it. Lelsz v. …
Article • May 15, 2008
Fifth Circuit Discusses Appellate Review of 28 U.S.C. § 1915 Dismissals by Dismissals under 28 U.S.C. § 1915(e)(2)(B)(1) are governed by abuse of discretion standard At 940: "In determining whether a district court abused its discretion, we consider factors such as 'whether (1) the plaintiff is proceeding pro se, (2) …
Flurry of Escapes Emphasizes Prisoners' Desperation by Matthew Clarke by Matt Clarke Last September produced a bumper crop of prison and jail escapes around the country, including a desperate escape by two Texas prisoners that resulted in the death of a guard, a car jacking and two shootouts. Plus a …
Daniels v. Smith, et al., TX, First Amended Original Complaint, Suicide, 2008 Case 2:07-cv-00227-J Document 21 Filed 04/11/2008 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS AMARILLO DIVISION MARY DANIELS, Individually and in her capacity as heir of the Estate of THEODORE …
Fabian et al v. Dunn et al, TX, Complaint, juvenile immigrant guard brutality denial of counsel, 2008
San Antonio Sheriff Pleads No Contest to Corruption Charges, Resigns by Matthew Clarke by Matt Clarke In August 2007, Bexar County, Texas Sheriff Ralph Lopez, 71, was indicted on three felony counts involving corruption. Lopez tendered his resignation on September 1, 2007, and two days later pleaded no contest to …
Scandal Rocks Texas Youth Commission; Youths Molested by School Supervisors by Gary Hunter During the 2006 elections, Texas Attorney General Greg Abbott ran television ads touting the capture of the state's 500th Internet child predator. Shortly after elected lawmakers convened in 2007 they went to work on a bill that …
Article • February 15, 2008 • from PLN February, 2008
Lawsuit Exposes Jail Limbo for Mentally Incompetent Defendants in Texas by Matthew Clarke by Matt Clarke According to a lawsuit filed by a non-profit group, Texas is facing a shortage of mental hospital beds that leaves hundreds of mentally-incompetent criminal defendants stranded in jails awaiting treatment. Texas has a total …
Brief • February 14, 2008
Payne v. Parnell, TX, Settlement Agreement, Cattle Prod Torture, 2008 Case No. bale_ Plaintiffs —CV i•12 ctL In the Di ;L(- Court of , Texas iccrytel Defendants SETTLEMENT AGREEMENT 1. The parties hereto agree to settle all claims and controversies between them, asserted or assertable in this case. 2. The …
Texas Parole Law Remanded for Ex Post Facto Ruling by Gary Hunter By Gary Hunter Texas prisoner Wilson Brown, a convicted sex offender, went to prison in 1989. At the time Brown was convicted, all Texas prisoners required only two favorable votes to make parole. In 1993, the parole board …
Article • January 15, 2008 • from PLN January, 2008
Texas Prisoners May Have Right to Extra Storage Space for Religious Materials by Matthew Clarke by Matthew T. Clarke A Texas court of appeals held that state prisoners may have a right to extra storage space for religious materials. Jeffery Balawajder, a Texas state prisoner, brought suit in state court …
CCA-Run Immigrant Family Detention Center in Texas Violates Settlement Conditions by Matthew Clarke by Matt Clarke On April 9, 2007, a federal district court in Texas held that the conditions of confinement at a privately-run facility used by Immigration and Customs Enforcement (ICE) to hold families detained due to immigration …
Bail Bond Businesses Getting Black Eye in Texas, California by Gary Hunter It's common knowledge that outside the federal Bureau of Prisons, California and Texas have the largest prison systems in the U.S. So it should come as no surprise that bail bonds are big business in both states. But …
Dallas, Texas, Jail Pays $950,000 for Neglecting Mentally Ill Prisoners by Michael Rigby On February 20, 2007, the Dallas County, Texas, Jail agreed to pay $950,000 for its negligent mistreatment of three mentally ill individuals, one of whom died, while imprisoned at the jail awaiting competency hearings. In 2004, James …
Article • December 15, 2007 • from PLN December, 2007
Texas GEO Prison Squalor Drives Idaho Prisoner to Suicide by Matthew Clarke by Matt Clarke Seven months after arriving at the Dickens County Correctional Center (DCCC), a private prison in Spur, Texas operated by the GEO Group, Idaho state prisoner Scot Noble Payne, 43, was dead by his own hand. …
Article • December 15, 2007
Pregnant Woman’s Ingestion of Cocaine Not Delivery to Her Baby in Texas by Pregnant Woman's Ingestion of Cocaine Not Delivery to Her Baby in Texas by Matthew T. Clarke On February 14, 2007, the Texas Court of Criminal Appeals (CCA) held that a pregnant woman who ingested cocaine did not …
Article • December 15, 2007
Texas Prisoners Have No Lawful Right To Their Own Records by Pro se Texas State prisoner Kenneth Hickman appealed a court's dismissal of his action to compel Warden David Moya to produce records regarding an alleged false prison report. The court affirmed judgment dismissing his action as frivolous. After his …
Article • December 15, 2007
Texas Prisoners Have No Right to Record Requests by Texas State prisoner Larry Moore sought review of a 1996 dismissal of his writ of mandamus petition challenging limited access to his medical records by custodian Pamela Henry. Dismissal was affirmed because prisoners have no statutory right to request records in …
Article • December 15, 2007
Lawfully Mandated Disclosure, Contract Stipulation Precludes Breech For Settlement Agreement Production by Texas former student of El Paso County Community College District (District) Constance Thomas, as well as the District, appealed a 2000 court ruling in a dispute awarding breech of contract to Thomas. The judgment was reversed because the …
Article • December 15, 2007
Texas Prisoners Not Entitled To Records Request Under 2004 Act by Texas State prisoner Michael Cox appealed a 2006 Lubbock, Texas, court order denying his request for records concerning his 1992 conviction. The court interpreted his request as an attempt to appeal his case over a decade late and affirmed …
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