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Article • September 15, 2004 • from PLN September, 2004
The American Correctional Association A Fraud on Texas Taxpayers by C.C. Simmons The American Correctional Association A Fraud on Texas Taxpayers by C. C. Simmons In June, 2002, the Texas state prison system was finally released from 29 years of federal court oversight. The longest running civil rights class-action lawsuit …
Administrative Remedies Deemed Unavailable Based on Physical Injury by Bob Williams Administrative Remedies Deemed Unavailable Based On Physical Injury By Bob Williams The Fifth Circuit Court of Appeals has held that administrative remedies are unavailable when a prisoner has a physical injury which prevents filing a grievance and a subsequently …
Article • September 15, 2004 • from PLN September, 2004
Prison Guards With Criminal Records Work in Texas Prison by Gary Hunter Over ten percent of the guards at the Lyncher State Jail, near Houston Texas, are convicted felons themselves. Houston television station. KPRC uncovered court files showing that about thirty of the guards had served time. Some are repeat …
Article • September 15, 2004 • from PLN September, 2004
Filed under: Sentencing, Good Time, Parole
Texas Prisoners Have Right to Specific Notice of Mandatory Supervision Hearing by by Matthew T. Clarke On May 19, 2004, the Texas Court of Criminal Appeals (CCA) issued a revised opinion holding that a prisoner being considered for denial of mandatory supervision release has the right to specific notice of …
Article • September 15, 2004 • from PLN September, 2004
Austin, Texas, Settles Wrongful Conviction Suit for $9 Million by by Matthew T. Clarke On July 17, 2003, the City of Austin, Texas settled for $9 million a suit brought by the guardian of a wrongfully convicted Texas prisoner. Richard Danziger, 31, a wrongfully convicted Texas state prisoner, spent 12 …
Survivors of Prisoner Killed in Texas County Jail Awarded $2,500,000 by On May 20, 2003, a state district court in El Paso, Texas, awarded $2.5 million in damages plus attorney fees and court costs of $393,518 to the surviving spouse, daughter and estate of a man who died while imprisoned …
Article • August 15, 2004 • from PLN August, 2004
Mentally Ill Texas Prisoner Not Entitled to Hepatitis Treatment by Mentally Ill Texas Prisoner Not Entitled To Hepatitis Treatment In this unpublished decision by a three judge panel, the U.S. Fifth Circuit Court of Appeals held on March 19, 2004, that the failure of Texas prison officials to treat a …
Article • August 15, 2004 • from PLN August, 2004
Federal DNA Statute Not Challengeable in Criminal Appeal by Federal DNA Statute Not Challengeable In Criminal Appeal The U.S. Court of Appeals for the Fifth Circuit has held that 42 U.S.C. § 14135 et seq. (the Act) may not be challenged on a direct criminal appeal or habeas proceeding. The …
Texas Boot Camp Denied Immunity for Ignoring Serious Medical Needs by Texas Boot Camp Denied Immunity for Ignoring Serious Medical Needs The U.S. Court of Appeals for the Fifth Circuit affirmed a district court's denial of official immunity for boot camp operators who were negligent and deliberately indifferent to a …
Article • August 15, 2004 • from PLN August, 2004
Former Texas Prison Guard Awarded $275,000 in Race Discrimination Suit by On November 6, 2003, a federal jury in Austin, Texas awarded a former prison guard $275,000 in his racial discrimination suit against the Texas Department of Criminal Justice after determining that his race was a substantial or motivating factor …
Brief • July 28, 2004
Filed under: Eighth Amendment
Anthony v Martinez, TX, TDCJ Verdict, 8th Amendment violation, 2004 ----------- -- --.' -.' ... ~ , Case 5:03-cv-00053-JWP Document 119 Filed 07/28/2004 ...... Filed Page 1 of 2 -=r{ 215/.:2..001 a;rm iOiStJct Court UNITED STATES DIS'1'RICT COURT Western District of WESTERH DISTRICT OF TEXAS By --------r'-~ SAN ANTONIO DIVISION …
Fifth Circuit Vacates $70,000 Award Against Texas Prison Officials by Michael Rigby The United States Fifth Circuit Court of Appeals has vacated and remanded the jury verdict in a Texas prisoner's failure-to-protect suit because the prisoner had not provided evidence supporting a jury finding of deliberate indifference against prison officials. …
Abu Ghraib, USA by Anne-Marie Cusac When I first saw the photo, taken at the Abu Ghraib prison, of a hooded and robed figure strung with electrical wiring, I thought of the Sacramento, California, city jail. When I heard that dogs had been used to intimidate and bite at least …
Texas Jury Awards BOP Prisoner $4 Million for Rape by Guard by Alex Coolman DNA evidence and a powerful will to fight helped former federal Texas prisoner Marilyn Shirley win a sexual assault conAviction and a $4 million civil decision against a guard who raped her while she was being …
Controversy and Lawsuits Surround South Texas Private Prison Deals by by Matthew T. Clarke Cotulla, a south Texas town known or the illegal drug-sting convictions of a quarter of its African-American citizens, now has a new claim to infamy -- private prison scams. Cotulla, population 3,000, is the county seat …
Article • June 15, 2004 • from PLN June, 2004
Law-and-Order Former Texas Attorney General Lands in Federal Prison by Law-and-Order Former Texas Attorney General Lands in Federal Prison by Matthew T. Clarke Dan Morales, the former Texas at torney general who ran on a law-and-order platform, was sentenced on October 31, 2003, to four years in federal prison after …
Article • June 15, 2004 • from PLN June, 2004
U. S. Supreme Court Rules Consent Decrees May Be Enforced by In a decision with implications for prisoners' suits, the United States Supreme Court held that consent decrees may be enforced by federal courts. In 1993, mothers of children eligible for Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) services …
Article • June 15, 2004 • from PLN June, 2004
Pauper's Declaration Sufficient for Cost Bond in Texas Medical Malpractice Suit by Pauper's Declaration Sufficient for Cost Bond in Texas Medical Malpractice Suit by Matthew T. Clarke A Texas court of appeals has held that a prisoner's unsworn declaration in support of his seeking to proceed as a pauper satisfies …
Article • June 15, 2004 • from PLN June, 2004
Filed under: Sentencing, Parole
Notice Required in Texas Parole Date Rescission by Notice Required in Texas Parole Date Rescission In an en banc opinion, the Texas Court of Criminal Appeals has held that the parole board must provide a prisoner prior notice of a hearing before reconsidering its decision to grant the prisoner mandatory …
Article • May 15, 2004 • from PLN May, 2004
Applicability of FTCA to BOP Causes Circuit Split by David Reutter Applicability of FTCA to BOP Causes Circuit Split by David M. Reutter Three recent federal circuit court rul-ings exhibit a dispute between the circuits as to whether the Federal Tort Claims Act (FTCA) applies to property claims against the …
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