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Article • July 15, 1999 • from PLN July, 1999
Texas Courts Must Hold Hearing Before Dismissing Suit for Having No Arguable Basis in Fact by A Texas state appellate court held that prison guards may not be sued as individuals under the Texas Tort Claims Act, Texas Civil Practice and Remedies Code §§ 101.001101.109, and district courts may not …
VitaPro President Arrested by In the latest development in the on-going VitaPro scandal involving the Texas Dept. of Criminal Justice, Yank Barry was arrested Feb. 11, 1999. Barry, president of Montreal-based VitaPro Foods Inc., was indicted in January 1998 with former state prison chief James A. "Andy" Collins [ PLN …
Court Screening Applies to Paid Suits Too by The court of appeals for the Fifth circuit held that 28 U.S.C. § 1915A allows district courts to dismiss as frivolous even lawsuits where the filing fee has been prepaid in full. The court also held that challenges to conditions of confinement …
Article • June 15, 1999 • from PLN June, 1999
Federal Judge Rules Texas Prisons Still Unconstitutional, PLRA Unconstitutional by By Matthew T. Clarke Following a nineteen-day hearing in the class-action Ruiz lawsuit on prison conditions in the Texas Department of Criminal Justice Institutional Division (TDCJ-ID), which has been pending in his court since 1972, William Wayne Justice, a Texas …
Fifth Circuit Upholds PLRA Exhaustion Requirement by Ronald Young The court of appeals for the Fifth circuit affirmed a lower court's dismissal of a prisoner's 42 U.S.C.A. § 1983 claims for failure to exhaust administrative remedies prior to filing suit as required by 42 U.S.C. § 1997e. However, the claims …
Exhaustion Not Required for Bivens Claim by Exhaustion Not Required for Bivens Claims The court of appeals for the Fifth Circuit held that federal prisoners pressing Bivens claims against federal officials for only monetary relief need not exhaust meaningless administrative remedies. The court further held that a party is entitled …
Prisoner May Not File Unsigned Complaint for Another Prisoner by The Fifth Circuit court of appeals has held that the a pro se prisoner's civil rights complaint was time barred even though a prisoner assisting the pro se prisoner filed a timely unsigned complaint. Raul Gonzales, a Texas state prisoner, …
Article • June 15, 1999 • from PLN June, 1999
Error to Dismiss Rule 41(C) Motion Without Allowing Conversion to Bivens Action by Error to Dismiss Rule 41(c) Motion Without Allowing Conversion to Bivens Action The Fifth Circuit court of appeals has held that a district court erred when it dismissed a prisoner's motion under Rule 41(c), Federal Rules of …
Article • May 15, 1999 • from PLN May, 1999
Individual Legislators May Intervene to Terminate Prison Suits by Individual Legislators May Intervene To Terminate Prison Suits by Matthew Clarke The court of appeals for the Fifth Circuit held that, under the Prison Litigation Reform Act (PLRA), individual state legislators could intervene in prison release litigation. In 1972, David Ruiz, …
Prisoner Must Show Imminent Danger at Time of IFP Request to Avoid PLRA Three-Strikes Dismissal by The court of appeals for the Fifth Circuit has held that a prisoner who is subject to the three-strikes provision in the Prison Litigation Reform Act (PLRA) must show that he is under imminent …
Article • May 15, 1999 • from PLN May, 1999
Consenting to Have Magistrate Conduct Trial Not Waiver to Right to Jury Trial by The Fifth Circuit court of appeals held that a pro se prisoner who signed a consent to have a magistrate judge conduct his trial did not knowingly waive his right to a jury trial. Kevin Jennings, …
Guard Raped, Entire Texas Prison System Locked Down by A female Texas Department of Corrections (TDC) prison guard was dragged into a cell, held hostage for two hours and sexually assaulted by a prisoner armed with an 8-inch piece of sharpened metal, according to several published news accounts. The French …
Grand Jury Reverses Indictment Against Jailers by A Galveston, Texas, grand jury decided to take back an indictment it had issued against four Galveston County sheriff's deputies after three of the four agreed to surrender their peace-officer licenses. The reversal left some law experts scratching their heads. "I've never heard …
Article • April 15, 1999 • from PLN April, 1999
PLRA Fee Provisions Apply to All Pending Cases in the Fifth Circuit by The court of appeals for the Fifth circuit held that 28 U.S.C. § 1915(a), which requires that prisoners ultimately pay all filing fee costs, applies retroactively to cases filed before the PLRA's enactment, if they are still …
Article • April 15, 1999 • from PLN April, 1999
Daring Death Row Escape Shakes up Texas by It was a Thanksgiving that will long be remembered by Texas prisoners and guards alike. The first escape of a Texas death row prisoner since Raymond Hamilton, a member of the Bonnie and Clyde gang, busted out in 1934. Shortly after midnight …
Article • April 15, 1999 • from PLN April, 1999
Filed under: Sentencing, Good Time
Denial of Good Time Because of Jury Sentencing Choice Violates Equal Protection by The Fifth Circuit court of appeals held that a sheriff violated the Equal Protection Clause of the Fourteenth Amendment when he promulgated a policy of granting good time to county prisoners sentenced by a judge and denying …
$45,000 Award in BOP Tort Claim Medical Neglect Suit by Afederal district court in Texas has awarded a pro se federal prisoner $45,000 under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671-2680, for medical neglect by the United States Bureau of Prisons (BOP) in failing to transfer him …
Sellers v. Texas Division of Criminal Justice, TX, First Amended Complaint, Race and Sex Discrimination, 1999 , Unlted Stott' Dlstrlct Court Southern District of Tlltas fILED IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION LATRICE M. SELLERS * VS. * APR 0 1 …
Wisconsin Resists Out-of-State Transfers by In October, 1996, Wisconsin's legislature granted the Department of Corrections (WDOC) authorization to house 700 prisoners in Texas County Jails. WDOC Secretary Michael Sullivan overcame the opposition to that first prisoner-export proposal by assuring the public that the crossborder option was merely a stop-gap measure …
Doe v. Wackenhut Corrections, TX, Complaint, Juvenile Prison Misconduct, Guard Rape and Abuse, 1999 Case 3:99-cv-01319 Document 1 Filed 03/12/1999 Page 1 of 26 Case 3:99-cv-01319 Document 1 Filed 03/12/1999 Page 2 of 26 Case 3:99-cv-01319 Document 1 Filed 03/12/1999 Page 3 of 26 Case 3:99-cv-01319 Document 1 Filed 03/12/1999 …
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