Mentally Disturbed Prisoner Capable Of Own Litigation For Method Of Execution by The Fifth Circuit held Texas State prisoner Angel Maturino Resendiz was competent to litigate his 42 U.S.C. § 1983 suit alleging Eighth Amendment violation for the method of his execution; however, the lower court erred by dismissing with …
White Texas Prisoner Assaulted By African-American Cellmate Awarded $90,000 by During the week of August 10, 1998, a Texas state court awarded $90,000 to a white prisoner who was assaulted by his African-American cellmate in the Dallas County Jail and suffered a broken jaw. Plaintiff Curtis Ohme, a 27-year-old white …
Female Guard Supervision of Naked Male Prisoners Upheld by The plaintiff challenged the use of female guards to monitor male prisoners in bathrooms and showers even though male guards were not used to monitor women under similar circumstances. The plaintiff's challenge to strip search practices was dismissed by the district …
$40,000 Jury Award for Texas Jail Beating that Left Soccer Star Quadriplegic by While held in Texas' Lubbock County Jail, former West African soccer star Mohamet Sheriff Njie was assaulted by guards on October 7, 1996, at 3:00 a.m., according to his lawsuit. After the beating, Njie was left naked …
Police Retaliation Against Expert Witness States Claim by Intimidating expert witnesses is within the scope of the civil rights conspiracy statute. Expert testimony (in this case, testimony for plaintiff in an excessive force case by instructors at a police academy) is protected speech. Actions by police chiefs and sheriffs to …
ADA Injunctions Allowed Under 11th Amendment by State officials can be sued in their official capacities for injunctive relief under the ADA notwithstanding the Eleventh Amendment. The court declines to decide the constitutionality of the statute on an interlocutory appeal from the denial of Eleventh Amendment immunity. See: McCarthy v. …
Release of DNA Evidence Must Be Brought As Habeas by The plaintiff sued to obtain the release of biological evidence for DNA testing, alleging it would be exculpatory as to his criminal conviction. His suit was, in effect, a challenge to the validity of his criminal conviction that must be …
University of Texas Medical Branch Not Subject to Federal Suit for Not Diagnosing Cancer by The plaintiff federal prisoner complained of undiagnosed cancer and sued among others the University of Texas Medical Branch (UTMB). UTMB is a state agency and protected by sovereign immunity. Texas has not waived its sovereign …
El Paso County Jail Conditions Unconstitutional by The Fifth Circuit Court of Appeals reviewed a district court's order that found conditions at Texas' El Paso County Jail were unconstitutional and ordered injunctive relief to correct the violations. The district court ordered that exercise and recreational areas be installed; prisoner diets …
PLN Sues Dallas County Jail for Censorship by On February 26, 2007, Prison Legal News filed suit against the Dallas County Jail in Dallas, Texas, challenging the jail?s total ban on magazines and newspapers. PLN claims the policy, which took effect on March 31, 2006, violates the publication?s right to …
Texas Prisoners Face Mandatory Testing For HIV by Gary Hunter From January to May 2006, 480 Texas prisoners tested HIV-positive upon their release from prison. Testing for the virus has now become mandatory in Texas before a prisoner can be released. The bill for mandatory testing, passed in May 2005, …
Galloway v TYC, TX, 3rd Amended Complaint, juveniles disabilities legal aid assault, 2007 EXHIBIT “A” UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS JOSEPH GALLOWAY, individually, § § DANA BROCKWAY, as next friend of her § minor child, A.B., on behalf of all those similarly § situated, § § GLORIA …
Family of Texas Prisoner Murdered in Geo-Operated Prison Awarded $47.5 Million by Michael Rigby On September 15, 2006, a jury in Willacy County, Texas awarded $47.5 million to the family of a prisoner who was murdered at a private prison operated by the Geo Group (formerly Wackenhut Corrections). The Florida-based …
Foster v. Bowie County, TX, Employee Demotion, Judgment, 2007 Case 2:05-cv-00526-TJW Document 108 Filed 01/17/2007 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION § § § § § § § § KAREN FOSTER, Plaintiff, v. BOWIE COUNTY, TEXAS, and BRUCE …
Davis v. TDCJ, TX, Complaint, Failure to Protect, 2007 Case 9:07-cv-00019-RC-ZJH Document 1 Filed 01/16/07 Page 1 of 47 PageID #: 1 COMPLAINT UNDER 42 USC §1983, CIVIL RIGHTS ACT-TDCJ-ID (Rev. 7/97) IN THE . ' UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DJVISION Daryl Davis …
Fifth Circuit Reinstates Texas Prisoners’ Challenge to Extended Lockdown by Michael Rigby Fifth Circuit Reinstates Texas Prisoners' Challenge to Extended Lockdown by Michael Rigby The U.S. Fifth Circuit Court of Appeals reinstated a prisoner lawsuit challenging the Texas Department of Criminal Justice's practice of indefinite segregation without due process. C. …
5th Circuit Reverses Texas Prisoner’s Disciplinary Conviction For “Non-Existent” Offense by Michael Rigby 5th Circuit Reverses Texas Prisoner's Disciplinary Conviction For "Non-Existent" Offense by Michael Rigby The U.S. Fifth Circuit Court of Appeals held there was no evidence to sustain a Texas prisoner's disciplinary conviction for assaulting a guard and …
Texas Supreme Court: Non-Suit Deprives Appeals Court of Jurisdiction by The Supreme Court of Texas held that a plaintiff?s filing non-suit while an appeal was pending deprived the court of appeals of jurisdiction and any authority to enter an order, holding or opinion. Darla Blackmon, a Texas state prisoner, died …
Texas Parole System Sick From Top to Bottom by Gary Hunter Texas Parole System Sick From Top to Bottom by Gary Hunter Parole in Texas has never been very reputable. During the 1920s and 30s Miriam Ma Ferguson, Texas first female governor, and her husband Pa Ferguson, who preceded his …
Unique Texas Sexual Predator Civil Commitment Has Successes/Failures by Matthew Clarke by Matthew T. Clarke Texas has a unique form of civil commitment for sexual predators which allows outpatient treatment and requires most of the civilly committed to live at a halfway house. A committed man's recent escape from a …
