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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 …
Article • February 15, 1999 • from PLN February, 1999
No Credit for Time Served on Wrongful Conviction by The Fifth Circuit court of appeals has held that a federal prisoner is not entitled to credit toward the supervised release portion of other consecutive sentences for time served in prison due to a wrongful conviction. Larry Jeanes, a former federal …
Cancellation of TDCJ/VitaPro Contract Reversed by ATexas appellate court held that a material fact issue of whether dehydrated textured vegetable protein (TVP) is an agricultural commodity precludes the trial court from granting the Texas Department of Criminal Justice (TDCJ) summary judgment declaring its contract with VitaPro invalid. In mid-1994, TDCJ …
Article • February 15, 1999 • from PLN February, 1999
Dismissal with Prejudice for Failure to Exhaust; Prison Must Process Grievance within Time Limits by In an opinion of great importance to prisoners filing civil rights suits, the Fifth Circuit court of appeals has upheld a district court's dismissal with prejudice toward future in forma pauperis (IFP) filing of a …
Brief • January 13, 1999
Filed under: Discrimination
Cooke v. Travis County, TX, Complaint, Racial Discrimination, 1999 . SIX Atty Gen '0' ~ 006/006 . 99 00 445 ((':SO (D)~. CAUSE NO.___ ~ ~ fJ if § § § § ARTHUR COOKE, ERNEST CORTEZ, LARRY JOHNSON and OeaUINNA MOORE Plaintiffs, IN THE DISTRICT COURT OF § § § …
Texas Prisons Not Immune In Tort Claims Act Suits by A Texas appellate court held that the prison system and its employees are not entitled to common-law immunity, official immunity, or sovereign immunity for a claim under under the Texas Tort Claims Act (TTCA), Texas Civil Practice & Remedies Code …
Texas Prisons Subject to Civil Liability by ATexas appellate court has held that the prison system was subject to liability when a prisoner slipped and fell in a prison butcher shop. Doyle Dean Cobb, a Texas prisoner, filed a state lawsuit under the Texas Tort Claims Act, Texas Civil Practice …
Article • November 15, 1998 • from PLN November, 1998
State Auditor Blasts Texas Correctional Industries by by Matthew T. Clarke The Texas State Auditor has issued a report on Management Controls at Texas Correctional Industries (TCI) concluding that its management controls are so poor TCI cannot fulfill its statutory mandates of training prisoners for post-incarceration jobs and reducing the …
Article • November 15, 1998 • from PLN November, 1998
Successive Texas Habeas Corpus Defined by The Texas Court of Criminal Appeals has held that a state post-conviction petition for a writ of habeas corpus (petition) which does not challenge the prosecution or judgment does not count as a first petition for purposes of the state law restricting successive petitions, …
Article • November 15, 1998 • from PLN November, 1998
Texas May Not Retroactively Stop Mandatory Release by The Texas Court of Criminal Appeals has held that Texas cannot reinterpret a law to retroactively deny a state prisoner mandatory release. Randy Sullivan Schroeter, a Texas state prisoner, was convicted of indecency with a child (IWC) in 1994 and sentenced to …
Article • November 15, 1998 • from PLN November, 1998
Texas Prisoners Bake to Death by Alex Friedmann More than one hundred people have died during a searing heat wave in Texas this past summer, including at least three prisoners. Dozens of convicts have been treated for heat-related health problems. "I've been with the system 13 years and this has …
Manslaughter Charges Against Three TX Guards Dismissed by In the July '97 issue of PLN we reported the beating death of Texas prisoner Gary Crenshaw, 31, at the hands of French Robertson unit guards. On June 30, 1997, a Jones County grand jury indicted Sgt. Monte Baker and guards Michael …
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