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Article • November 15, 2003 • from PLN November, 2003
World Court Orders U.S. to Stop Executing Mexicans by by Matthew T. Clarke On January 5, 2003, Mexico applied for an injunction from the International Court of Justice, or World Court, to halt the execution of 54 of its citizens by the United States. Mexico claimed that none of them …
Texas Court Abused Discretion by Dismissing Prisoner's Retaliation Suit by by Matthew T. Clarke A Texas state court of appeals has held that the trial court abused its discretion when it dismissed a prisoner's suit that alleged retaliation for accessing federal courts. Angel Martinez Vacca, a Texas state prisoner, filed …
Texas Prisoner Gets 30-Day Grace Period to File Expert Affidavit by by Matthew T. Clarke A Texas state court of appeals has ruled that a prisoner claiming accident or mistake in failing to file an expert report within 180-days of filing his medical negligence suit is entitled to a 30-day …
Article • November 15, 2003 • from PLN November, 2003
Texas Doesn't Have to Pay Interest on Trust Fund Accounts by by Matthew T. Clarke The Fifth Circuit Court of Appeals has ruled that the Texas Department of Criminal Justice (TDCJ) does not violate the Takings Clause by failing to pay prisoners the interest it earns on their trust fund …
Court Reporter Jailed for Botching VitaPro Trial Transcripts; Convicted Prison Chief Still Free by The latest development in the unsavory Texas VitaPro scandal is the jailing of a court reporter for botching the transcripts in the VitaPro trial. In 1995, George W. Bush was the governor of Texas and James …
Sexual Abuse at Haltom City Jail in Texas by by Matthew T. Clarke Allegations of sexual abuse have rocked the North Texas town of Haltom City. The allegations surfaced in March, 2001, when a Fort Worth woman filed a complaint with the Haltom City police stating that jailer Clint Wade …
Article • November 15, 2003 • from PLN November, 2003
Texas Courts Clarify Prisoners' Right to Civil Bench Warrant by by Matthew T. Clarke The mechanism for a Texas pro se prisoner to gain transport to court for a hearing is to file a motion for bench warrant or petition for a writ of habeas corpus ad testificandum (WHCAT). Two …
Unauthenticated Evidence Does Not Support Summary Judgment by by Matthew T. Clarke A Texas state court of appeals held that the trial court's granting of TDCJ's motion for summary judgment was error because photocopies of prison rules attached to the motion were not authenticated. Richard Allen Kleven, II, a Texas …
Wackenhut's Legacy of Shame in Austin by by Matthew T. Clarke The price of attending the March 1997 South by Southwest Music Festival in Austin, Texas, came very high for Dallas record producer David Prater. Busted for a minor drug possession, in 1998 Prater was sentenced to 250 days in …
Pendency of Federal Lawsuit Doesn't Toll 31-Day Texas Limitations by A Texas state court of appeals has held that the pendency of a federal civil rights lawsuit on the same matter does not toll the statute requiring Texas state prisoners to file lawsuits in state court within 31 days after …
CSC: More Misery and Misfortune by C.C. Simmons Page 1 of the August 2002 issue of Prison Legal News carried a story about Correctional Services Corporation (CSC), the scandal-ridden private prison outfit beset with self-inflicted troubles. Since that story appeared, CSC's troubles have multiplied. Consider the following: Ø In August …
Article • September 15, 2003 • from PLN September, 2003
Texas Magistrate Suspended for Verbally Abusing Prisoners by Texas Magistrate Suspended For Verbally Abusing Prisoners by Matthew T. Clarke A Brazoria County, Texas, Justice of the Peace (JP) has been suspended pending the outcome of judicial misconduct proceedings, after he used profanity and racial slurs to verbally abuse prisoners in …
Deaths and Beatings Rampant in Texas' Nueces County Jail by Gary Hunter Nueces County Jail in Corpus Christi Texas has become a regular source of dead and beaten prisoners. Ten prisoners have died in the jail between 1996 and 2000. Two cases have already cost the county $2 million and …
Article • August 15, 2003 • from PLN August, 2003
Filed under: Commentary/Reviews, Reviews
Behind the Walls: A Guide for Families and Friends of Texas Prison Inmates by Michael Rigby by Jorge Antonio Renaud, University of North Texas Press, 2002, soft cover, 218 pages, $14.95 Review by Michael Rigby If you or someone you know is one of the nearly 150,000 people incarcerated in …
Dallas Police Convicted of Framing Drug Defendants, DA Refuses to Help Innocent Prisoners by by Matthew T. Clarke In April, 2000, former Dallas police officers Quentis Roper and Daniel Maples were convicted of extorting more than $125,000 from drug dealers and illegal immigrants and falsifying evidence against those who refused …
Article • July 15, 2003 • from PLN July, 2003
Texas Guard Stabbing Prisoner Not State Action Under § 1983 by The Fifth Circuit Court of Appeals held that a guard's actions in cutting a prisoner with a knife was not under color of state law for purposes of 42 U.S.C. § 1983. Texas prisoner Fred Townsend was working as …
$22,500 Award Upheld in Texas Gang Assault Set-up by Guards by John E Dannenberg $22,500 Award Upheld in Texas Gang Assault Set-Up By Guards by John E. Dannenberg The Fifth Circuit US Court of Appeals affirmed a district court's denial of defendant prison officials' summary judgment motion in a prisoner …
Article • July 15, 2003 • from PLN July, 2003
Houston Crime Lab Closed, Prisoner Freed by Michael Rigby On March 6, 2003, the Houston Police Department (HPD) Chief C. O. Bradford announced that the department's DNA crime lab had been shut down and that internal affairs had launched an investigation into possible criminal and other misconduct. The announcement came …
Article • June 15, 2003 • from PLN June, 2003
Texas Medical Provider Investigated for Mixing, Selling Bodies by Texas Medical Provider Investigated For Mixing, Selling Bodies Officials at the University of Texas Medical Branch in Galveston (UTMB) are investigating the improper handling of at least 78 bodies donated to the Willed Body Program, which uses them for education and …
YSI: Another Death, Another Settlement by Youth Services International (YSI), a company already under fire for a multitude of problems, including contract violations, financial mismanagement, prisoner mistreatment and prisoner deaths, was again in the news this past September. YSI, a subsidiary of Corrections Services Corporation, operates juvenile prisons, including boot-camp-style …
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