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Article • June 15, 2008 • from PLN June, 2008
Texas Prisoner’s Hepatitis C Claim Not Frivolous, Fifth Circuit Holds by A Texas prisoner’s claim alleging that his civil rights were violated by the denial of hepatitis c treatment based on policy decisions rather than on medical factors was not frivolous, the U.S. Fifth Circuit Court of Appeals held, in …
Shustring Productions Inc. v. Salinas, TX, Settlement, Freedom of the Press, 2008 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION § § § v. § § RAUL SALINAS and CITY OF LAREDO § SHUSTRING PRODUCTIONS, INC. d/b/a LareDOS PUBLISHING Civil Action No. 5:08-CV-00120 SETTLEMENT AGREEMENT & RELEASE A. …
Article • May 15, 2008
Denial of Food, Visits for Refusing to Shave Upheld by Allegations of the denial of one visit and seven or eight meals over a period of a month, without an allegation of denial of a minimally nutritious diet, was frivolous (The plaintiff was denied food and visits because he had …
Article • May 15, 2008 • from PLN May, 2008
Texas Prison Health Care: On the Brink of Unconstitutionality, Again by Matthew Clarke by Matt Clarke According to Texas prison healthcare officials, medical care in the state?s prison system is teetering on the brink of becoming unconstitutional. ?We?re toed up to the line. No doubt about it,? proclaimed Dr. Ben …
Texas Youth Commission Wants Increased Pepper Spray Use Despite Settlement by Michael Rigby by Michael Rigby Less than three months after agreeing to a court settlement limiting the use of pepper spray on juveniles, the Texas Youth Commission (TYC) has failed to curb its use and is actually planning to …
Article • May 15, 2008
District Courts Can Suspend PLRA Injunction Stay Provisions by This appeal from the district court's decision striking down the automatic stay provision is not mooted by the court's having reached the merits of the termination motion, since the problem is one that is capable of repetition yet evading review It …
Article • May 15, 2008
Texas Clemency Procedures Constitutional by The Texas clemency procedures did not deny due process. Only minimal procedural safeguards apply. Prisoners can submit whatever information they want and the Board members review whatever they think is material to the request. That is enough. See: Faulder v. Texas Bd. of Pardons & …
Court Decides Against Defendant's Discovery Abuses in Texas Police Shooting Case by The decedent was discovered naked in an automobile masturbating, and he refused to come out, so of course the police killed him. At 207: "This case is a prime example of a troubling trend in civil rights cases. …
Canadian Death Row Prisoners' International Law Claims Rejected by The plaintiff, a Canadian sentenced to death in the United States, alleged that he had been subjected to psychological torture in violation of the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment because of his nine execution …
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 …
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