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DOJ to Probe Texas Rent-A-Jail by The Brazoria County Jail, site of the video-taped beatings that aired on network television, is but one of 38 for-profit jails or prisons in the state of Texas. And it's not the only one with problems, just the one with the most press. A …
Oklahoma Pulls Out of TX Rent-A-Jail by The state of Oklahoma announced in July that it would pull 500-plus prisoners out of the Limestone County Detention Center, in part because of a conflict over the use of pepper spray on "unruly inmates." Limestone County, Texas, contracts with a private firm, …
'Training Video' Reveals Beatings in Texas Rent-A-Jail by The state of Missouri was swift to react to the explosive national news coverage resulting from the release of a video tape showing Missouri prisoners being kicked and beaten during a "shake down" at a Texas Rent-A-Jail. The state of Missouri announced …
Three Texas Guards Indicted in Beating Death by In the July issue of PLN we reported "Judge Rules Texas Prisoner's Death Excessive Force" about Gary Crenshaw, 31, who died at the hands of his captors January 26, 1997, at the French Robertson Unit. On June 30, 1997, a Jones County …
Fifth Circuit Reverses Scott by The court of appeals for the fifth circuit, sitting en banc, reversed its prior holding in Scott v. Moore, 85 F.3d 230 (5th Cir. 1996) [PLN, June, 1997] that inadequate jail staffing violated the due process rights of a woman detainee who was repeatedly raped …
Article • October 15, 1997 • from PLN October, 1997
PLRA Fees Don't Apply to Released Prisoners by The court of appeals for the fifth circuit held that released prisoners who are indigent need not pay PLRA filing fees. Harry Haynes was a Texas state prisoner released on parole shortly after suing prison officials. Haynes had sought leave to file …
Article • October 15, 1997 • from PLN October, 1997
Filed under: PLRA, Filing Fees (PLRA)
Released Prisoner Must Pay Filing Fees by The court of appeals for the fifth circuit held that a person who files a notice of appeal while in prison is subject to the PLRA's filing fee requirements even if later released from prison. The court distinguished this case from Haynes v. …
Article • October 15, 1997 • from PLN October, 1997
Filed under: International, Immigration
California, Texas, Arizona Suit Seeking Alien Incarceration Money Fails by In past issues of PLN we have reported that several states, including Arizona, California, Washington and New Jersey, had sued the federal government seeking reimbursement for the expense of incarcerating illegal aliens. To date all the suits have fallen flatly …
Article • September 15, 1997 • from PLN September, 1997
Filed under: PLRA, Filing Fees (PLRA)
PLRA Forbids Dismissal of Suits Without Paid Fees by The court of appeals for the fifth circuit held that the Prison Litigation Reform Act (PLRA) does not require dismissal of a prisoner's civil rights suit because he had not yet paid the fees arising from a prior lawsuit. Gary Walp, …
Article • September 15, 1997 • from PLN September, 1997
Supreme Court Strikes Down RFRA as Unconstitutional by On June 25, 1997, the United States supreme court struck down as unconstitutional the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb. In 1993 the RFRA was enacted by congress in response to the supreme court ruling in Employment Division, Dept. …
Article • August 15, 1997 • from PLN August, 1997
District Courts Responsible for PLRA Appeal Fees by The court of appeals for the fifth circuit held that a district court erred when it refused to rule on a prisoner's motion to proceed on appeal with In Forma Pauperis (IFP) status, i.e., without pre-paying the filing fees. Prisoners seeking "to …
PLRA Physical Injury Requirement Defined by The court of appeals for the fifth circuit held that the Prison Litigation Reform Act's (PLRA) physical injury requirement for prisoners seeking money damages is the same as the standard used in determining eighth amendment claims. This ruling is significant because it is the …
Article • August 15, 1997 • from PLN August, 1997
Jail Medical Fees Upheld by Fifth Circuit by The court of appeals for the fifth circuit, in two consolidated cases, upheld the manner in which fees were collected from indigent prisoners who sought medical care. This case is more important for what it doesn't decide than for what it does. …
Article • August 15, 1997 • from PLN August, 1997
Fifth Circuit Applies Three Strikes Provision by The court of appeals for the fifth circuit held that 28 U.S.C. § 1915(g), which does not allow IFP status to prisoners who have had three or more suits dismissed as frivolous or for failing to state a claim, is constitutional. The court …
Judge Rules Texas Prisoner's Death a Result of Excessive Force by On January 27, 1997, a guard at the French Robertson Unit in Abilene, TX, showed up to search Gary Lee Crenshaw's cell. Crenshaw, 31, serving a 45-year sentence for possession with intent to deliver cocaine, returned from the shower …
Article • June 15, 1997 • from PLN June, 1997
Texas Sheriff Exploits Prisoner Labor by Lubbock county sheriff Sonny Keesee runs an auto repair shop with a twist. Most of its customers are sheriff's deputies. The mechanics are jail-detainees hand-picked for their mechanic skills. Andy Gentry, a Lubbock county sheriff's deputy, got the engine of his 1989 Toyota replaced …
Texas Prison Building Corruption, Problems and Dangers by Of the prisons built in Texas over the past four years, in about a third of them the boilers don't meet the state safety standards because of installation and design mistakes, resulting in state regulators issuing at least 146 waivers of Texas' …
Article • June 15, 1997 • from PLN June, 1997
'Scared Straight' Youths Molested in Texas Prison by On Valentines Day, 1997, fifteen youngsters from a residential treatment center for boys and girls with psychiatric and substance-abuse problems were touring the Eastham Unit prison in Texas as part of a "scared straight" visitation program. Five of the youths later reported …
Article • June 15, 1997 • from PLN June, 1997
Fifth Circuit Holds that PLRA Requires Fees in All Pending Cases by In two separate rulings, the court of appeals for the fifth circuit held that litigants must pay the filing fees in all civil cases pending on the date the Prison Litigation Reform Act (PLRA) was signed into law …
Article • May 15, 1997 • from PLN May, 1997
No Care for STD Violates Eighth Amendment by A federal district court in Texas held that a jail prisoner had stated a claim for violation of his eighth amendment right to medical treatment when he was not provided with medical treatment for a Sexually Transmitted Disease (STD) he had sought …
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