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Federal Court Clarifies Texas Prisoners' Disciplinary Appeal Rights by by Matthew T. Clarke A federal district court in Austin, Texas, held that: (1) pending administrative remedies toll the 28 U.S.C. §2254(d)(2) one-year limitations period; (2) a prisoner's transfer to another prison is not a valid reason to deny him as …
Article • May 15, 2007
No Due Process Violation for False Arrest on Valid Warrant by The U.S. Supreme Court held that a §1983 action in which Respondent alleged his right to due process was violated by a faulty arrest did not state a claim since the arrest was pursuant to a valid warrant. After …
Texas Woman Fired For Reporting Abuse Awarded $202,000 by On July 14, 2004, a district court in Harris County, Texas, awarded $202,000 to a woman who was fired for reporting a guard's abuse of a juvenile. While imprisoned at the Harris County juvenile probation department's Burnett Bayland Reception Center on …
Class Claims Must Be "Fairly Encompassed" By Named Plaintiff's Claims by Class Claims Must Be "Fairly Encompassed" By Named Plaintiff's Claims The U.S. Supreme court held that a Mexican-American who filed suit under the Civil Rights Act claiming he was passed over for promotion because of his national origin could …
Texas Suicide Suit Alleging Medical Malpractice Settles For $288,130 by On June 23, 1993, a lawsuit arising from the suicide death of a prisoner in the Jefferson County (Texas) Detention Center settled for $288,130. The suit had alleged that STAT Care, the jail's contract medical provider, failed to properly screen …
Article • May 15, 2007
COA Denied; Stun Belt Claim Barred by Teague v. Lane by The U.S. Fifth Circuit Court of Appeals denied a certificate of appealability (COA) from a Texas state prisoner's denial of habeas corpus relief, 28 U.S.C. § 2254, on grounds that the prisoner was not denied a fair trial and …
Article • May 15, 2007
5th Circuit Upholds Sexually Explicit Publication Ban by The Fifth Circuit Court of Appeals upheld a 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 Guarjardo v. Estelle, 568 F.Supp. 135 (S.D.Tex. 1983) and Thornburgh …
Article • May 15, 2007
Attorney Fees Awarded in Long-Running Jail Class Action Suit by A federal district court in Texas awarded over $2,463,000.00 in attorney fees pending an effective date of the Civil Rights Attorney's Fees in a 15-year old civil rights action brought by prisoners in the Harris County (Texas) jail. Upward adjustment …
Article • May 15, 2007
Court Orders Minimum Jail Staffing at Harris County (TX) Jail by A federal district court in Texas ordered that Harris County (Texas) Jail official defendants not be held in contempt even thought they were unable to maintain a court-ordered minimum staff-to-prisoner ratio. The court stated that it had no choice …
Article • May 15, 2007
Deliberate Indifference to Serious Medical Needs Actionable by J. W. Gamble, a Texas state prisoner, filed suit in the U. S. District Court for the Southern District of Texas alleging that prison officials and prison medical personnel violated his Eighth Amendment right to be free from cruel and unusual punishment …
Article • May 15, 2007
Prisoners' Motion and Petition Granted, Judgment Vacated by Prisoners in the Bexar County (Texas) Jail filed a suit under 42 U.S.C. § 1983, alleging of inadequate access to law books. The district court summarily dismissed the suit and the Fifth Circuit refused to docket the appeal because the prisoners had …
Article • May 15, 2007
Filed under: Prison Labor, Medical, Diabetes
Texas Diabetic Prisoner Blacks Out, Guards Not Deliberately Indifferent by Michael Coleman, a diabetic Texas state prisoner, passed out while working in the fields due to a blood glucose level of 23. He sued prison medical staff in federal district court under 42 U.S.C. § 1983, claiming that they were …
Article • May 15, 2007
Dismissal of Complaint Seeking Vegetarian Diet and Religious Beads Reversed by Florida's First District Court of Appeal has reversed a trial Court's dismissal of a complaint seeking injunctive relief requiring prison officials to provide a prisoner to be served a religious diet and to possess religious beads. The prisoner was …
TX Private Prison Guard Can't Sue Under § 1983 For Bogus Employment Termination by TX Private Prison Guard Can't Sue Under § 1983 For Bogus Employment Termination Harold Cornish was employed as a guard at a Texas private prison owned and operated by Correctional Services Corp. (CSC). He blew the …
Article • May 15, 2007
Texas Jury Verdict Finds Civil Rights Violations but Awards $0 for Assault by Texas prisoner Frank Guerro was assaulted on December 2, 1995, by prison guard Antonio Torres, who stuck Guerro, causing a large and painful bruise to his right ribs. He also alleged other guards assaulted him on December …
Article • May 15, 2007
HCQIA No Bar to Discovery of Peer Review Reports by The Health Care Quality Improvement Act "does not create an inviolate bar to discovery of materials relating to peer review committees." (438) The court grants plaintiff's motion to compel, along with a protective order. The complaint alleges that the peer …
Article • May 15, 2007
Deposition of Juvenile Prisoner Rape Victim Postponed Until Release by The mother of a juvenile detainee alleged that an officer had sexually assaulted her son. The deposition of a person confined in prison may be taken only "with leave of court on such terms as are just" under Rule 30(a)(2). …
No Policy Needed to Support Municipal Liability Under ADA/RA by A municipal policy need not be shown to support liability under the disability statutes; the statutory term "employer" encompasses any agent of an employer covered by the statute. At 575: "There is no 'deliberate indifference' standard applicable to public entities …
City Not Liable in Police Shooting by After an unconstitutional warrantless entry into a residence in which a man was fatally shot, his family sued alleging a municipal policy. Custom or policy liability must be supported by "[a]ctual or constructive knowledge of such custom . . . attributable to the …
Fifth Circuit Upholds Firing of Whistleblowing Guard by The plaintiff, a former corrections officer, reported an illicit use of force by staff members; she was told to revise her statement several times because it did not match the other officers' statements; an investigation ensued; shortly thereafter she was accused of …
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