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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 …
Texas District Court Awards $174,020 in Attorney Fees in Prisoner Beating Case by The U.S. District Court for the Southern District of Texas, Houston Division, awarded $174,020.83 in attorney fees and costs to counsel for a jail prisoner beaten by other prisoners due to incitement by a jail guard. On …
Article • May 15, 2007
Magistrate Judge Can Investigate Frivolity of Complaint by The United States Court of Appeals for the Fifth Circuit held that a district court could properly refer a prisoner's pro se case to a magistrate judge to investigate whether the complaint should be dismissed as frivolous. The ultimate dismissal of the …
Article • May 15, 2007
Fifth Circuit Upholds Sexually Explicit Publication Ban by The Fifth Circuit Court of Appeals upheld a Texas prison rule which authorized the denial of sexually explicit publications. The court characterized the prisoner's challenge as a facial challenge which was foreclosed by Guajardo v. Estelle, 568 F.Supp. 135 (SD TX 1983) …
Prisoner Stated Claim Due Process, Conditions Of Confinement Suit by The U.S. Court of Appeals for the Fifth Circuit held that a Montgomery County, Texas, jail prisoner's pro se §1983 action alleging Eighth and Fourteenth Amendment violations stemming from his confinement in solitary and the conditions thereof stated a claim. …
Prisoners Entitled To Court Access, Can't Be Forced To Work if Disabled by The 5th Circuit has held that prisoners have an actual right to litigate as do other supplicants and that petitioner who submitted a § 1983 lawsuit was entitled to pursue his cause of action even after the …
Article • May 15, 2007
Qualified Immunity Discussed in Texas Over Detention Suit by The Fifth Circuit Court of Appeals held that jail officials failed to present sufficient evidence to allow the question of qualified immunity to be submitted to the jury. This action was filed by a former prisoner of the Dallas County Jail …
Article • May 15, 2007
Fifth Circuit Upholds Summary Judgment of Texas Prisoners' Religious Challenge by Fifth Circuit Upholds Summary Judgment of Texas Prisoners' Religious Challenge On May 7, 2004 the U.S. Fifth Circuit Court of Appeals held that religious accommodations provided by the Texas Department of Criminal Justice (TDCJ) were constitutional and that the …
Article • May 15, 2007
Body Cavity Searches Reasonable and Unreasonable by The 5th Circuit Court of Appeals has held that prisoners retain some degree of Fourth Amendment rights and that the government must justify the reasonableness, and in some cases give notice, before conducting body cavity searches on prisoners. Body cavity searches were performed …
Article • May 15, 2007
Fifth Circuit: Federal DNA Act Constitutional by On January 6, 2004 the U.S. Fifth Circuit Court of Appeals held that the collection of DNA samples from two Texas prisoners under the federal "DNA Act" did not violate the Fourth Amendment or infringe upon their constitutional rights. Jeffrey Groceman and Bradley …
Private Prison Corporation Not Entitled to 11th Amendment or Sovereign Immunity by Private Prison Corporation Not Entitled to 11th Amendment or Sovereign Immunity The U.S. Northern District Court of Texas determined that a private operator of a state prison was not entitled to 11th Amendment and sovereign immunity. Cynthia Proctor, …
No Heightened Pleading Standard in Municipal Liability Cases by The U.S. Supreme Court held that there is no heightened pleading standard" in §1983 actions alleging municipal liability. Petitioners, Texas homeowners, brought a §1983 action against a County, two municipal corporations and local officials acting in their official capacity alleging Fourth …
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