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Article • August 15, 1998 • from PLN August, 1998
TDCJ PLRA Forms Okay by TDCJ PLRA Forms Okay: The court of appeals for the fifth circuit denied a prisoner's motion to proceed on appeal with IFP status because he refused to fill out a Texas Dept. of Criminal Justice (TDCJ) form authorizing withdrawals from his prison trust account to …
Brief • July 17, 1998
Dickens County v. US Attorney General, TX, Judgment and Order, AG's Certification Process, 1998 08/21/98 09:22 JUL 20 ' 9 6 !• " O_ F•••' IN THE UNITED STATES DISTRICT COURT •.-.: ?qFOR THE NORTHERN DISTRICT OF TEXAS LUBBOCK DIVISION BRG OF DICKENS COUNTY, INC., •....-. ¿ ; ¡ (¦Q\jRt …
Former Texas Prison Chief Indicted by The former head of the Texas prison system has been indicted on six counts of federal bribery, conspiracy, fraud and money-laundering charges stemming from his role in a shady multi-million dollar contract to purchase a soy-based meat substitute to feed Texas prisoners. [The VitaPro …
Mis-Managed Health Care in Texas Prisons by In 1993, Texas state prisons over-flowed with 70,000 prisoners. But the state was nearing completion of a $1.5 billion prison construction program that would more than double the number of state prisons. State Comptroller John Sharp appreciated what few Texans knew: the $1.5 …
Article • June 15, 1998 • from PLN June, 1998
State Weasel Monitors Private Prison Chicken Coop in Texas by Robert L. Dearing is the deputy director of the Texas Commission on Jail Standards. The jail commission is in charge of inspecting and certifying county jails, including those that are privately operated. The jail commission's authority to enforce state standards, …
No Ex Post Facto Violation in Permanent Loss of Forfeited Good Time by The court of appeals for the fifth circuit held that a Texas Board of Criminal Justice (TBCJ) directive forbidding prison officials from restoring good time credits previously lost did not violate the ex post facto clause. Since …
Physical Injury Limit Defined, Wrongly by A federal district court in Texas dismissed a lawsuit as being legally frivolous for not alleging sufficient physical injury under 42 U.S.C. § 1997e(e). Thinh Minh Luong is a Hawaii state prisoner transferred to the Dickens County Corrections Center, a private prison operated by …
Article • May 15, 1998 • from PLN May, 1998
Filed under: Prison Labor, Organizing
Texas Prison Labor Union by The Texas Prison Labor Union (TPLU) was established in 1995 by Texas prisoners and outside supporters. The state had just completed a $1.5 billion prison expansion program, and it now incarcerates close to 150,000 prisoners in a vast network of more than 100 prisons. One-hundred …
Article • April 15, 1998 • from PLN April, 1998
French Robertson Prisoner Wins Suit by On October 20, 1997, federal court jurors ruled that Texas prison guards assaulted French Robertson prisoner Andre Dunkins in 1996, but awarded no monetary damages. Dunkins, who represented himself, convinced jurors that prison guards Ted Vinita and Robert Steele slapped him repeatedly July 17, …
Article • April 15, 1998 • from PLN April, 1998
Filed under: News
Texas Warden Not Victim of Staff Assault by T.Q. Texas Warden not Victim of Staff Assault In your July 1997 News in Brief section, you reported an incident on the French Robertson Unit [a Texas state prison near Abilene]. The News in Brief item erroneously stated that Ron Drewery [who …
$1.1 Million Award in Sexual Assault by The court of appeals for the fifth circuit held that recovery under the Texas Tort Claims Act is authorized for the negligent failure to prevent an intentional tort by a government employee. The court affirmed the judgment below and a $1.1 million damage …
Article • March 15, 1998 • from PLN March, 1998
Zain Fallout Continues by Fred Zain was a crime lab serologist, who tested evidence for the West Virginia state police from 1979 to 1989, and was chief of serology his last five years. During that time Zain falsified evidence and testified about the results of tests he never performed. In …
Article • February 15, 1998 • from PLN February, 1998
Grand Jury Indicts 45 Texas Prisoners by A Jones County, TX, grand jury indicted 45 French Robertson and Middleton Unit prisoners in October, 1997, for felony crimes allegedly committed in prison during the previous two years. Among the indicted were prisoners Michael Dwayne Purnell and Maximiliano Sanchez III, accused of …
Article • January 15, 1998 • from PLN January, 1998
Motion for Seized Property Subject to PLRA Fee by The court of appeals for the fifth circuit held that a federal prisoner's motion for the return of seized property period had run. The district court did not reconsider its ruling. The court of appeals vacated and remanded. The appeals court …
Former Warden Wins Suit Against TDCJ by An Anderson County, Texas, jury found that former Beto I Unit warden Terry Terrell was fired because he reported corruption and violations of the law by other employees of the Texas Department of Criminal Justice (TDCJ). The jury deliberated for nearly four hours …
Article • January 15, 1998 • from PLN January, 1998
Filed under: PLRA, Filing Fees (PLRA)
Fifth Circuit Upholds PLRA IFP Provisions by The court of appeals for the fifth circuit held that the PLRA's filing fee provisions, 28 U.S.C. § 1915, which require that prisoners pay the filing fees of any civil suits or appeals they file in federal court, are constitutional. The court held …
Article • January 15, 1998 • from PLN January, 1998
Writs of Mandamus Not Subject to PLRA Fees by Writs of Mandamus Not Subject to PLRA Fees: The court of appeals for the fifth circuit joined the second and seventh circuit in holding that petitions seeking writs of mandamus in the court of appeals are not subject to the PLRA's …
Fifth Circuit Rules on Appeals to Denials of IFP Status by The court of appeals for the fifth circuit held that prisoners denied In Forma Pauperis (IFP) status in the district courts and whose lawsuit is dismissed as frivolous under 28 U.S.C. § 1915 can appeal that ruling. The court …
Article • November 15, 1997 • from PLN November, 1997
Texas Mandatory Release Statute Creates Liberty Interest by The court of appeals for the fifth circuit held that Texas prisoners have a due process liberty interest in their good time credits as it affects their mandatory parole release date. Nesbitt Madison, a Texas state prisoner, was infracted for allegedly assaulting …
Texas Parole Case Reversed by In the October, 1996, issue of PLN we reported the class action suit Johnson v. Texas Dept. of Criminal Justice, 910 F. Supp. 1208 (WD TX 1995) in which a federal district court in Texas ordered the state parole board to not consider "protest letters" …
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