PLRA Attorney Fee Cap Applies to Fees on Fees by John E Dannenberg by John E. Dannenberg In a case of first impression, the Fifth Circuit US Court of Appeals ruled that the Prison Litigation Reform Act (PLRA) fee cap limiting recovery of a prevailing prisoner plaintiff's attorney fees to …
Remand to Determine if TDCJ Grooming Policy Unconstitutional by Remand To Determine If TDCJ Grooming Policy Unconstitutional by Matthew T. Clarke The Fifth Circuit has remanded a case for the district court to hold an evidentiary hearing and determine whether the policy of the Texas Department of Criminal Justice (TDCJ) …
Boot Camp or Boot Hill? Troubled Teens Suffer From Too Much Tough Love by Roger Hummel Boot Camp Or Boot Hill? Troubled Teens Suffer From Too Much Tough Love by Roger Hummel On February 15, 2002, Charles Long II was arrested on murder and child abuse charges growing from the …
Microsoft Demands $1.5 Million from Texas Prison System for Software Violations by Microsoft Corporation, the computer software giant based in Redmond, Washington, has demanded a $1.5 million payment for software "licensing shortfalls." The demand was made on the Texas Department of Criminal Justice (TDCJ), the agency that operates the state's …
$287,500 Awarded in Texas Jail Rape by On February 19, 2002, a federal jury in Lubbock, Texas, awarded $287,500 to a former prisoner raped in the Lamb county jail. The plaintiff, who used the pseudonym, J.L., suffers from scoliosis and brain damage. He was serving a 29-day sentence on unspecified …
Judge Awards $2.8 Million to Victims of CSC Texas Boot Camp Sexual Abuse by Judge Awards $2.8 million to Victims of CSC Texas Boot Camp Sexual Abuse On March 5, 2001, State District Court Judge Paul Enlow found Correctional Services Corporation (CSC) criminally liable for the actions of two former …
Criminal Guards in Texas by Four female guards were each freed from Jefferson County Jail on $6,000 bond early in January 2002 after being charged with crimes involving sex with Texas prisoners. The four women were employed by the Texas Department of Criminal Justice (TDCJ) at the Mark W. Stiles …
News in Brief by Roger Hummel Alaska: On April 11, 2002, Cynthia Cooper, the head prosecutor in the state attorney general's office, resigned after being judicially admonished for pursuing felony charges against a public defender who crashed his car into a light pole. Anchorage prosecutors had agreed to a misdemeanor …
Texas Juvenile Jail Suicide Settles for $100,000 by On October 5, 2001, the Denton County Juvenile Detention Center in Texas agreed to a pre lawsuit settlement of $100,000 in the suicide death of Seth Moss. Moss, 15, was being held in the Center as a runaway. Apparently Moss hung himself …
Garza v. US, TX, Complaint, Failure to Protect, 2002 Case 1:02-cv-00154 Document 1 Filed 07/26/2002 Page 1 of 4 Case 1:02-cv-00154 Document 1 Filed 07/26/2002 Page 2 of 4 Case 1:02-cv-00154 Document 1 Filed 07/26/2002 Page 3 of 4 Case 1:02-cv-00154 Document 1 Filed 07/26/2002 Page 4 of 4
Cooke v. Texas Department of Criminal Justice, TX, First Amended Complaint, Racial Discrimination, 1999 .. ;: L 6£t6S6~~tS ' • CAUSE NO. 9900445 ARTHUR COOKE. ERNEST CORTEZ. § L..ARRY JOHNSON AND OEQUINNA § § MOORE, Plaintiffs IN THE OISTRICT COURT OF § § TEXAS OEPARTMENT OF CRIMINAL § § § …
Texas Jail Chaplain Rapes Female Prisoners by A federal district court in Texas held that genuine issues of material fact precluded summary judgment on a female prisoner's claims under 42 U.S.C Section 1983 arising from her being raped by a jail chaplain and retaliated against for speaking out about the …
Texas Prisoner Wins $130,000 from Jail for Poor Care, Beatings by A Texas state prisoner won $130,000 in damages after it was shown that he was denied medical care and not protected from violent prisoners while held at Williamson County Jail near Austin. Martin DiCarlo, 39, filed suit in U.S. …
Wrongly Paroled Texas Prisoner Entitled to Street Time by by Matthew T. Clarke The Texas Court of Criminal Appeals (CCA) has held that a prisoner erroneously released on parole was entitled to credit on both of his consecutive sentences for his time spent on the street. Earnest Millard, a Texas …
Texas Slavery Upheld Again by The court of appeals for the Fifth circuit held that the Thirteenth amendment does not forbid the forcible enslavement of prisoners and a statutory gap in Texas law was inconsequential when a prisoner claimed statutory authority was required for prison slavery. Ahmad Ali, a Texas …
Texas Prisoners Have No Absolute Right to Appear in Civil Cases by by Matthew T. Clarke A court of appeals in Texas has ruled that Texas prisoners have no absolute right to personally appear at legitimation hearings, though they do have the right to appear by affidavit, telephone, or other …
Sanction for Lawyers' Exposing Secret Wackenhut Sexual Abuse Settlement Upheld by by Matthew T. Clarke The Court of Appeals for the Fifth Circuit upheld the district court's sanctions against the prisoners' lawyers in a suit against Wackenhut Corrections Corporation (WCC) after the lawyers revealed the terms of a secret settlement …
Catalyst Theory Guts Fee Award in Texas Parole Case by The court of appeals for the Fifth circuit vacated an award of $471,946 in attorney fees in a Texas parole suit finding that a recent supreme court ruling precluded attorney fee awards under the catalyst theory. Texas prisoners filed a …
Disciplinary Board Must Assess Confidential Informant's Reliability by The court of appeals for the Fifth Circuit has held that the failure of a disciplinary hearing officer to find a confidential informant's tip was reliable violates a prisoner's right to due process. While housed at Texas' Eastham Unit, prisoner Morris Broussard …
TDCJ Not Immune from Suit in Medical Malpractice Death Case by A Texas state court of appeals has held that the Texas Department of Criminal Justice (TDCJ) does not enjoy sovereign immunity from being sued in a medical malpractice/wrongful death case. Charles Edwin Miller, III, was a Texas state prisoner …
