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Article • May 15, 2007
Modification to Ruiz Stipulation Not Abuse of Discretion by Relief was entered in a class-action suit against the Texas prison system (TDC). Following the Fifth Circuit's stay of the provision of the Ruiz stipulated decree prohibiting even properly supervised prisoners from possessing keys, the district court entered a Stipulated Modification …
Texas Prison System Declared Unconstitutional; Reforms Ordered by In a class-action suit by Texas prisoners with the U. S. as a plaintiff-intervenor, a Texas federal district court held that Texas prisons: (1) were grossly overcrowded; (2) had wholly inadequate sanitation and recreation facilities; (3) used inadequate disciplinary procedures; (4) allowed …
Article • May 15, 2007
Fifth Circuit Upholds Protection for Plaintiffs in Ruiz Suit by After filing suit against the Texas prison system, prisoner plaintiffs were retaliated against both physically and with disciplinary action. The district court entered two protective orders which were violated by defendants. As part of a third protective order, the district …
Ruiz Attorney Fees Approved; State Fees Cap Invalid by Following a successful civil rights suit in which conditions in Texas prisons were declared unconstitutional and extensive remedial relief ordered via consent decree, the plaintiffs moved for attorneys' fees and costs under 42 U.S.C. § 1988. The court stayed the award …
Article • May 15, 2007
Fifth Circuit Refuses to Hear Appeal of Attorneys' Fees Order by The Fifth Circuit court of appeals held that the defendants in a class-action suit by Texas prisoners could not maintain an interlocutory appeal of the district court's award of attorneys' fees for obtaining and enforcing orders issued by the …
Article • May 15, 2007
Filed under: PLRA, Injunctions (PLRA)
Fifth Circuit Refuses to Order Court to Rule on Ruiz Termination by The defendants in the class action suit which lead to sweeping reforms in the Texas prison system filed a motion to terminate prospective relief a month before the PLRA was enacted. The district court responded by allowing the …
Article • May 15, 2007
Filed under: PLRA, Injunctions (PLRA)
Fifth Circuit Holds PLRA Automatic Stay Provision Constitutional by Texas prison officials filed a motion to terminate prospective relief under the PLRA. The district court ruled the automatic stay provision of the PLRA was unconstitutional and denied a subsequent motion for reconsideration by the U.S. as an intervenor. Prison officials …
Article • May 15, 2007
Highest Texas Court Rules Actual Innocence Trumps Guilty Plea by The Texas Court of Criminal Appeals (TCCA) has held that newly discovered, unquestionable evidence of a prisoner's actual innocence may be raised on state habeas corpus even though the prisoner pleaded guilty. Wesley Ronald Tuley, a Texas state prisoner, filed …
Article • May 15, 2007
Prisoner Entitled To Discovery In Opposing SJ by The U.S. Court of Appeals for the Fifth Circuit held that a prisoner was entitled to discovery to oppose defendants' motion for summary judgment. Plaintiff, a Texas prisoner, brought a §1983 action against prison officials and prison mailroom personnel alleging they violated …
Article • May 15, 2007
Texas Parole Revocation Must be Challenged Via Habeas by The Fifth Circuit Court of Appeals affirmed a district court's order dismissing a Texas prisoner's 42 U.S.C. § 1983 action alleging claims against the Texas Board of Pardons and Parole, its director, and the Governor for illegal detention of the prisoner. …
Article • May 15, 2007
Trial In Jail Clothes Unconstitutional Only if Objection Raised by The U.S. Supreme Court held that although states are prohibited by the Fourteenth Amendment from compelling an accused person to stand trial before a jury attired in clearly identifiable jail issue clothes, an objection to the attire must be raised …
Article • May 15, 2007
Texas Prisoner Denied Habeas Corpus Relief on Probation Violation by The U.S. Fifth Circuit Court of Appeals denied habeas corpus relief, 28 U.S.C. §2254, to a Texas prisoner who claimed that his plea was not knowingly, intelligently and voluntarily made, because he was not told that to successfully complete probation …
Punishment for Distributing Buddhist Literature States Claim by The Supreme Court held that a prisoner who alleged that he was prevented from practicing his religious faith and punished for sharing Buddhist literature with other prisoners stated a claim under 42 U.S.C. $ 1983. Fred A. Cruz, a Texas prisoner, filed …
Texas Jail Director's Conviction Upheld by The Fifth Circuit Court of Appeals affirmed the convictions of two defendants charged with extortion and conspiracy to extort under the Hobbs Act, 18 U.S.C.§ 2 and 1951. The defendants were Jose Marcelino Rubio, Sr., the father of the District Attorney for Texas' Web …
Texas Sex Offender Counseling Provision Not Ex Post Facto by The Fifth Circuit Court of Appeals held that a statute enacted after a prisoner was convicted and sentenced is not ex post facto if it is not punitive. Texas prisoner George W. Rieck, Jr., filed a habeas corpus petition challenging …
Article • May 15, 2007
Publications Ban Unconstitutional by The Fifth Circuit Court of Appeals has held that a ban on publications by a Texas jail was unconstitutional. Stewart Mann was denied access to newspapers and magazines as he awaited trial in the Midland County, Texas, jail. The denial was part of a jail policy …
Article • May 15, 2007
Limits On Medical Malpractice Damages Violates Texas Constitution by The Texas Supreme Court held that statutory limits placed on medical malpractice damages violated the Texas Constitution. Infant Christopher Lucas had a penicillin product injected directly into an artery; a blockage formed causing the blood-starvation of nerve cells. Christopher was permanently …
Article • May 15, 2007
Jail's Access To Courts Program, Visitation Policies Unconstitutional by The U.S. Fifth Circuit Court of Appeals held, among other things, that the access to courts program and certain visitation policies of a Texas county jail were unconstitutional. In 1976, prisoners housed in McLennan County's "old jail" (built in the 1950's) …
Texas: Sexually Assaulted Boot Camp Prisoners Awarded $2,800,000 Against CSC by On December 12, 2001 three former female prisoners who claimed they were sexually assaulted while imprisoned in a privately operated boot camp in Mansfield, Texas were awarded a total of $2,800,000 against the camp's operator. Plaintiffs, Keri Echols Chattha, …
Texas: State Court Erred In Dismissing Prisoner's Federal Claims by The Texas Supreme Court held that it was error for a state district court to dismiss for lack of jurisdiction a prisoner's federal claim against prison guards. Dan Thomas, a Texas state prisoner, was allegedly injured during transfer to another …
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