Denial of Newspaper and Medical Care States Claim by The court of appeals for the Fifth circuit held that a district erred in denying IFP status to a federal pretrial detainee in Texas who claimed he was denied medical attention following his arrest. The plaintiff also claimed the jail banned …
Prisoners Can't Represent Each Other in Court by The court of appeals for the Fifth circuit held that a Texas prisoner could not be represented on appeal by a fellow prisoner and co-plaintiff who was not licensed to practice law. To be valid, the notice of appeal had to be …
Legal/Media Mail and Attorney Visits Protected by The court of appeals for the Fifth circuit upheld a district court injunction prohibiting Dallas, Texas, jail officials from opening prisoners' mail from and visits with attorneys. While Texas state law did not provide for confidential media mail, it does provide for confidential …
TX Jail Liable for Strip Searches by The court of appeals for the Fifth circuit affirmed an injunction, damage and attorney fee awards against the Lubbock county jail. Two women were arrested on misdemeanor charges and when brought to the Lubbock jail they were strip searched. The jail policy was …
Jail Detainee States Claim for Denial of Exercise, Mail Censorship, and Subjection to Collective Punishment by The court of appeals for the Fifth circuit held that a district court erred when it dismissed as frivolous a lawsuit by a San Antonio, Texas, jail detainee that he was denied adequate exercise/recreation, …
No Due Process of BOP Central Monitoring System by The court of appeals for the Fifth circuit held that no due process is required before a BOP prisoner is placed on the BOP's Central Monitoring System. This ruling originating in Texas conflicts with rulings by other circuits holding otherwise. Prisoners …
Exposure to Cold, Elements and Denial of Religious Activities States Claim by The court of appeals for the Fifth circuit held that a district court wrongly dismissed as frivolous a lawsuit by Texas prisoners claiming they were exposed to bitter cold, rain and wind through broken windows in the segregation …
Retaliatory Strip Searches State Claim by The court of appeals for the Fifth circuit affirmed dismissal of a Texas prisoner's challenge to an ad seg strip search policy. The court reversed the dismissal of the prisoner's claim that the strip search policy was applied in retaliation only against prisoners who …
Fifth Circuit Affirms, Remits TDCJ Employee's Damages Award by The U.S. Fifth Circuit Court of Appeals affirmed in part, remitted in part, and reversed in part the damages awarded to an employee of the Texas Department of Criminal Justice (TDCJ) in a sex and race discrimination lawsuit. TDCJ employee Beverly …
Permanent Injury Not Required to State Excessive Force Claim by The Fifth U.S. Circuit Court of Appeals vacated and remanded a Texas U.S. District Court's dismissal of a state prisoner's claim that prison guards used excessive force against him. Thomas Luciano was a prisoner in the Texas Department of Criminal …
Texas Sheriff's Use of Force Files Are Public Information by A Texas state court of appeals has held that the use of force records kept by the Harris County Sheriff's Department (the Department) are public information subject to the disclosure requirements of the Texas Public information Act (the Act), Tex.Gov't …
No Permanent Injury Requirement in Excessive Use of Force Claim by No Permanent Injury Requirement In Excessive Use Of Force Claim The U.S. Court of Appeals for the Fifth Circuit held that the infliction of numerous small cuts and bruises on a prisoner was sufficient to establish injury in Eighth …
Work Release Prisoners Employees for FLSA Purposes by The U.S. Court of Appeals for the Fifth Circuit held gnat prisoners in a work release program were "employees" under the Fair Labor Standards Act (FLSA) and that their rights under the 13th Amendment (which forbids slavery and involuntary servitude) were not …
DNA Collection From Prisoner Constitutional by The Fifth Circuit Court of Appeals held that the collection of DNA Samples from felons pursuant to a state statute does not violate the Fourth Amendment. This action, filed by a Texas prisoner, sought damages and injunctive relief, including deletion of his DNA sample …
$70,000 Jail Medical Neglect Death Award Upheld by The Fifth Circuit Court of Appeals upheld a jury verdict of $70,000 in a prisoner's death at the Williamson County Jail in Texas. The suit was filed on behalf of the prisoner's estate by his parents, alleging he suffered cruel and unusual …
Doctor Granted Qualified Immunity in Texas Prisoner's Suicide by The Fifth Circuit Court of Appeals held a psychiatrist at the Coffield Unit of the Texas Department of Corrections is entitled to qualified immunity in the suicide death of a prisoner. The prisoner had a history of psychological problems and was …
Careless Removal of Lead-Based Paint from Texas Prison States a Claim by The Texas 14th Court of Appeals at Houston reversed a trial court's dismissal of a prisoner's lawsuit which claimed injuries consequent to the careless removal of lead-based paint from an aging Texas state prison. Early in 2000, Howard …
Texas County Liable in Juvenile's Jail Suicide by A Texas federal District Court held that Harris County can be held liable in the suicide of a teenager at the County's Juvenile Detention Westside Command Center, known as Delta 3 Boot Camp. The juvenile had threatened on several occasions over his …
Texas Court of Criminal Appeals Severely Curtails Habeas Corpus by The Texas Court of Criminal Appeals has held that the state post- conviction petition for a writ of habeas corpus under Article 11.07, Texas Code of Criminal Procedure, is limited to matters that could not have been raised on direct …
5th Circuit Remands for Reassessment of Attorney Fees by The U.S. Court of Appeals for the Fifth Circuit held that a prisoner's state assault and battery claim was not merged with his § 1983 claim, the district court erred in limiting attorney fees, and the county was liable for attorney …
