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Prison Drinking Water and Wastewater Pollution Threaten Environmental Safety Nationwide by John Dannenberg by John E. Dannenberg Aging infrastructure concerns are not limited to America's highways, bridges and dams. Today, crumbling, overcrowded prisons and jails nationwide are bursting at the seams -- literally -- leaking environmentally dangerous effluents not just …
Article • November 15, 2007 • from PLN November, 2007
Suit Over Death in Rockwall County, Texas, Settles for $100,000 by Rockwall County, Texas, and Lake Pointe Medical Center will pay $100,000 to settle a wrongful death lawsuit filed by the mother of a prisoner who died after being turned away from the hospital twice in 2004. Sharon Mann claimed …
Article • November 15, 2007 • from PLN November, 2007
Texas Last State in Union to Get Prison Phones by Matthew Clarke by Matt Clarke On May 15, 2007, legislation took effect that brought Texas into the fold of the other 49 states that have prisoner telephones in state prisons. State Senator Letica Van de Putte filed SD 1580, authorizing …
Dallas County Jail Deficient, Says 2006 Report; DOJ Files Suit by Gary Hunter Just over two years ago, the jail in Dallas County, Texas (DCJ) failed state certification inspections and came under fire for numerous high profile cases of prisoner deaths and neglect. A U.S. Department of Justice (DOJ) report, …
Federal Prisoner Beaten On Texas Recreation Yard Awarded $350,000 by On March 12, 2007, a federal district court awarded $350,000 to a prisoner who was beaten by about 40 other prisoners on the recreation yard of a federal prison in Texas. Plaintiff Luis Garza claimed that while on the recreation …
Texas Jail Pays $200,000 to Settle Rape/Suicide Suit by Val Verde County, Texas and its contract Del Rio jail operator, GEO Group, Inc., agreed in March 2007 to pay $200,000 to the surviving family of a 23-year-old woman prisoner who, upon becoming depressed after being raped in the jail, hung …
Brief • October 22, 2007
M.P. v. Texas Youth Commission, TX, Mot to Enforce Judgment and Dismissal, Pepper Spray, 2007 .' ., (;~\ev:~ ~~o;;;/. ;;,~~' '\;~ """; ,,'\ Vj \;0' . "" \'. C,,. ""J ~. .\:\ ~ CAUSE NO. D-I-GN-07-002998 M.P., by and through his next friend, A.T., D.M., by and through his next …
Article • October 15, 2007 • from PLN October, 2007
Filed under: Searches, Drug Testing, Parole
Texas Parole Board Revamps Urinalysis Procedures by The Texas Parole Board is replacing its old, error-prone drug testing procedure with a new method it says will reduce mistakes and provide for independent confirmation of positive test results?something that has been unavailable in the past. Some aspects of the testing procedure …
Article • October 15, 2007 • from PLN October, 2007
Texas Allows Actual Innocence Claim in Non-Capital Habeas Actions by The Texas Court of Criminal Appeals has held that a habeas corpus applicant may raise a free-standing claim of actual innocence in a state habeas corpus proceeding. Randolph Roy Sparks, a Texas state prisoner, filed a post-conviction petition for a …
Article • October 15, 2007 • from PLN October, 2007
Mere Possibility of Parole Insufficient to Prevent Texas Prisoners’ Parental Rights Termination by Matthew Clarke The Texas Supreme Court held that the mere possibility of parole within the two-year imprisonment requirement of § 161.001(1)(Q), Texas Family Code, was insufficient to prevent termination of a prisoner's parental rights. William Keith M. …
Article • October 15, 2007 • from PLN October, 2007
On Appeal Texas Prisoner Acquitted of Damaging Jail Furnishing by A Texas court of appeals acquitted a Texas jail prisoner of criminal mischief charges for allegedly damaging jail furnishings because the state failed to provide any evidence of the value of the furnishings. Jaccob Aaron Merwin, a prisoner in the …
Article • October 15, 2007 • from PLN October, 2007
Texas Pays $250,000 for Lingering Death of Teen Prisoner by Michael Rigby In November 2006 the State of Texas paid $250,000 to settle with the family of Charles Billops, Jr., a teenager who died from an undiagnosed brain abscess caused by a sinus infection while imprisoned in 2003. The settlement …
Brief • September 28, 2007
M.P. v. Texas Youth Commission, TX, Judgment, OC Pepper Spray, 2007 Cause No. D-I-GN-07-002998 M.P., by and through his next friend, A.T.; D.M., by and through his next friend, N. J.; and E.B., by and through her next friend, E.R., Plaintiffs, vs. TEXAS YOUTH COMMISSION and DIMITRIA D. POPE, in …
Houston Jail Has Highest Number of Deaths in Texas: 101 by Gary Hunter Between 2001 and 2006, 101 prisoners died while in custody at Houston's Harris County Jail, more than in any other Texas county. Dallas County's jail had 70 deaths over the same period. The Harris County Jail has …
Article • September 15, 2007 • from PLN September, 2007
Refusal to Give Nitro Tablets to Prisoner With Chest Pain Actionable by Matthew Clarke by Matthew T. Clarke The Fifth Circuit court of appeals held that a prisoner with a history of heart trouble who was denied any treatment for his chest pain could sue the nurse who denied him …
Management & Training Corp. Struggles to Maintain Market Share by Gary Hunter For-profit private prison operator Management & Training Corporation (MTC) has recently lost lucrative contracts to run prisons in the United States and Canada. While the private prison industry is dominated by industry giants Corrections Corporation of America, Geo …
Article • September 15, 2007 • from PLN September, 2007
Texas Must Afford Prisoners Due Process in Trust Fund Garnishment by Matthew Clarke by Matthew T. Clarke In an unprecedented decision, a Texas court of appeals held that the state must give a prisoner notice and other due process protection when garnishing his trust fund for payment of criminal fines. …
Article • September 15, 2007 • from PLN September, 2007
Texas Court of Appeals Reverses Termination of Prisoner’s Parental Rights by Matthew Clarke Texas Court of Appeals Reverses Termination of Prisoner's Parental Rights by Matthew T. Clarke A Texas court of appeals held that when terminating a prisoner's parental rights the two-year period of incarceration used to justify the termination …
Brief • September 12, 2007
M.P. v. Texas Youth Commission, TX, Petition, Pepper Spray, 2007 M.P., by and through his next friend, A.T., D.M., by and through his next friend, N.J., and E.B., by and through her next friend, E.R. Plaintiffs v. TEXAS YOUTH COMMISSION and DIMITRIA D. POPE, in her official capacity as Acting …
Article • August 15, 2007 • from PLN August, 2007
Texas Prison System Faces Critical Guard Shortage by Matthew Clarke by Matthew T. Clarke The Texas Department of Criminal Justice (TDCJ) is understaffed by 3,152 guards, a 12% deficit compared to full staffing. The shortage has grown each year from an average of 8.5% in 2004. Some prison units have …
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