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Article • January 15, 2003 • from PLN January, 2003
$27,848.30 Award in Texas Jail Slip and Fall Upheld by An award of $27,848.30 to a pris-oner who slipped and fell on a food spill in a Texas jail has been upheld by a Texas state court of appeals in an unpublished opinion. Mickey Caves, a Dallas County (Texas) Jail …
Article • December 15, 2002 • from PLN December, 2002
Filed under: Sentencing, Parole
Texas Cannot Use Enhancement to Deny Mandatory Supervision by The Court of Criminal Appeals of Texas has held that the fact that a felony has been enhanced to a higher degree felony cannot be used to deny a prisoner mandatory supervision release (MSR). Nathaniel Elbert Coleman, a Texas state prisoner, …
Medical Care Still Deficient in Texas Prisons by Gary Hunter Deficient medical care at the unit level has Texas prisons incubating a new, more virulent strain of HIV. Dr. William Obrien is one of the most noted doctors on staff with the University of Texas Medical Branch. (UTMB) Over a …
Article • December 15, 2002 • from PLN December, 2002
Filed under: Sentencing, Parole
Texas May Not Revoke Parole Without a Hearing by The Texas Court of Criminal Appeals has held that the Texas Board of Pardons and Parole's (BPP's) policy of revoking the parole of a parolee in an Intermediate Sanctions Facility (ISF) without a hearing was unconstitutional. Kevin Todd Catham, a Texas …
Article • November 15, 2002 • from PLN November, 2002
Texas Extends 6th Amendment Right to Prisoners: Confidential Attorney Calls Allowed by On December 14, 2001, Texas finally released its stranglehold on the right to confidential phone calls between prisoners and attorneys. Texas had been the only state that monitored attorney phone calls. Even then the American Civil Liberties Union …
Article • November 15, 2002 • from PLN November, 2002
Prisoners, Politics, Money and the Census by Gary Hunter It's a standing joke that the Texas economy has been grounded in the 3 C's: cattle, crude, and convicts. But while Texas gets most of the publicity for its massive prison build-up, the human-warehousing trend is literally sweeping the countrysideand it …
Article • November 15, 2002 • from PLN November, 2002
Administrative Exhaustion Required But Unprejudiced; Dismissal and Equitable Tolling by Gary Hunter The 5th Circuit court of appeals, in accord with a recent U.S. Supreme Court decision, held that administrative exhaustion is required in all prisoner cases, regardless of the relief sought. It held that cases pending at the time …
Article • November 15, 2002 • from PLN November, 2002
Escapes Plague Texas Jails by Gary Hunter A rash of escapes have plagued Texas jails over the past year. On January 28, 2002, four prisoners used a homemade knife to overpower two guards and force their way out of Montague County jail near the Texas/Oklahoma border. The four were eventually …
Article • November 15, 2002 • from PLN November, 2002
Ingram v. Scott Reversed: TDCJ-ID in Compliance with Section 501.008 by by Matthew T. Clarke On appeal following remand, a Texas court of appeals has held that the instructions on a grievance form bring TDCJ-ID into compliance with the requirement in section 501.008, Texas Government Code, that the Texas Department …
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 …
Article • October 15, 2002 • from PLN October, 2002
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 …
Article • September 15, 2002 • from PLN September, 2002
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 …
Article • August 15, 2002 • from PLN August, 2002
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 …
Article • August 15, 2002 • from PLN August, 2002
Filed under: Suicides, Juveniles
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 …
Brief • July 26, 2002
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
Brief • July 25, 2002
Filed under: Racial Discrimination
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 § § § …
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