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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. …
Article • July 15, 2002 • from PLN July, 2002
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 …
Article • July 15, 2002 • from PLN July, 2002
Filed under: Work, Prison Labor
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 …
Article • July 15, 2002 • from PLN July, 2002
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 …
Article • July 15, 2002 • from PLN July, 2002
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 …
Article • June 15, 2002 • from PLN June, 2002
Texas Appeals Court Grants Prisoner Mandamus on Discovery by by Matthew T. Clarke A state appeals court in Texas has conditionally granted a prisoner's petition for a writ of mandamus to order the judge of a Texas state district court to hear and rule upon the prisoner's request for discovery …
Article • May 15, 2002 • from PLN May, 2002
TDCJ-ID Must Provide Procedures for Prisoners to Identify Evidence Supporting Grievances by by Matthew T. Clarke A Texas court of appeals has ruled that the Texas prison system is required by law to provide procedures for a prisoner to identify evidence to substantiate the prisoner's claim. Charles William Ingram, Jr., …
Article • May 15, 2002 • from PLN May, 2002
BOP Prisoner Release Public Notification Required Only If Current Offense Qualifies by John E Dannenberg by John E. Dannenburg ( The Fifth Circuit US Court of Appeals held that the statute requiring public notification of the release of federal prisoners convicted of drug trafficking or a crime of violence applied …
Former CCA Captain and Texas Probation Officer Pleads Guilty by On October 25, 2001, Jason Driskell, 27, a former captain at the Corrections Corporation of America (CCA) operated Whiteville Correctional Facility (WCF) in Tennessee, pleaded guilty to obstruction of justice charges in federal court. Driskell admitted that in 1999 he …
Article • April 15, 2002 • from PLN April, 2002
Texas Prison Warden Pleads Guilty; Prison Workers Arrested in Major Drug Bust by A former Texas prison warden who pled guilty to stealing more than $9,300 from a charity fund was sentenced to 5 years probation by a Coryell County District Court in Gatesville, Texas. On October 18, 2001, Linda …
Article • April 15, 2002 • from PLN April, 2002
$250,000 Award for Paraplegic Dallas County Jail Prisoner by $250,000 Award For Paraplegic Dallas County Jail Prisoner by Matthew T. Clarke A paraplegic Texas prisoner has been awarded a quarter million dollars for pain and suffering caused by conditions in the Dallas County Jail (the jail). Brent Lawson, a Texas …
Johnson v. Johnson, TX, Complaint, Rape by Prisoner, 2002 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS WICHITA FALLS DIVISION RODERICK KEITH JOHNSON (#623028), Michael Unit, Tennessee Colony, Texas, ) ) ) Plaintiff, ) ) v. ) ) GARY JOHNSON, Executive Director, Texas ) Department of …
Article • March 15, 2002 • from PLN March, 2002
Res Judicata Dismissal of Texas Prisoner's Suit Reversed by by Matthew T. Clarke A Texas court of appeals has reversed the district court's res judicata based dismissal of a Texas state prisoner's personal injury suit chastising the lower court for using an improper procedure. Steven W. Howell, a Texas state …
PLRA Constitutional, Most of Ruiz Relief Terminated in Texas Suit by The Fifth Circuit Court of Appeals has upheld the constitutionality of the termination provisions of the PLRA, 18 U.S.C. § 3626. On remand, the district court terminated most of the relief previously ordered in the Ruiz case. This involves …
Indigent Texas Prisoners Subject to 31 Day Statute of Limitations by In two recent cases, Texas state restrictions on the filing of civil lawsuits, codified at Chapter 14 of the Texas Civil Practice and Remedies Code (TCPRC), in Texas state court have been upheld. One restriction includes a 31day statute …
Article • January 15, 2002 • from PLN January, 2002
U.S. Marshal's Conviction for Raping Prisoners Affirmed by The Fifth Circuit Court of Appeals affirmed a United States Marshal's conviction and sentence for raping female detainees and a court security officer in a federal courthouse. As a Deputy United States Marshal, Richard Urrabazo supervised detainees in the cell block of …
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