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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 …
We’ll Lock Up Your Tired, Your Poor, Your Huddled Masses Yearning to Breathe Free by Amy Goodman We'll Lock Up Your Tired, Your Poor, Your Huddled Masses Yearning to Breathe Free by Amy Goodman "I want to be free. I want to go outside, and I want to go to …
$140,000 Settlement in Death of Asthmatic Texas Prisoner by Michael Rigby The Texas Department of Criminal Justice will pay $140,000 to settle a federal lawsuit stemming from the needless asthma-related death of a prisoner at the McConnell prison unit in August 2004. At least six guards and a nurse were …
Article • July 15, 2007 • from PLN July, 2007
Texas Court Ordered to Accept Prisoners’ Correspondence by Texas Court Ordered to Accept Prisoners' Correspondence In a bizarre case, a Court of Appeals in Texas had to order a state district court to accept correspondence from prisoners. Felix DeLeon, a Texas state prisoner, filed a petition for a writ of …
Article • July 15, 2007 • from PLN July, 2007
Move From Texas Legislator To Lobbyist Poses Ethical Question by Gary Hunter After serving 12 years in the Texas Legislature state Representative Ray Allen resigned citing financial difficulties. ?I simply cannot afford to serve on a $600-a-month salary with no other source of income,? said Allen. Allen has since overcome …
Fifth Circuit: No FLSA Minimum Wage for Texas Prisoners by The Fifth Circuit Court of Appeals held that the Fair Labor Standards Act (FLSA) did not apply to Texas prisoners working in Texas state prisons. Douglas Loving, a Texas state prisoner, filed a civil rights suit under 42 U.S.C. § …
Article • July 15, 2007 • from PLN July, 2007
Texas County Jail Settles Sex Assault Suits For Undisclosed Sum by On December 22, 2006, Goliad County, Texas, agreed to settle with a prisoner who claimed she was raped by a guard at the county?s jail in September 2001. Under the agreement the county will pay a confidential amount to …
Texas Prison Chief Escapes Sex Charges, Convicted of Lesser Offenses by Gary Hunter On March 31, 2006, in a Walker County courthouse, Salvador ?Sammy? Buentello pleaded guilty to a felony charge of unlawful restraint and five counts of official oppression. Buentello, 50, had been the assistant director of gang affairs …
Article • June 15, 2007 • from PLN June, 2007
Fifth Circuit Remands Texas Prisoner’s Retaliation Claim, Adopts De Minimis Standard by Michael Rigby Fifth Circuit Remands Texas Prisoner's Retaliation Claim, Adopts De Minimis Standard by Michael Rigby The U.S. Fifth Circuit Court of Appeals held that prisoners must allege more than de minimis retaliatory acts to support retaliation claims …
Duvall v. Dallas County, TX, Complaint, Failure to Protect; Infection, 2007 Case 3:07-cv-00929-L Document 1 Filed 05/24/07 Page 1 of 10 PageID 1 Case 3:07-cv-00929-L Document 1 Filed 05/24/07 Page 2 of 10 PageID 2 Case 3:07-cv-00929-L Document 1 Filed 05/24/07 Page 3 of 10 PageID 3 Case 3:07-cv-00929-L Document …
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