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Article • October 15, 1996 • from PLN October, 1996
Prisoner Testimony Must Be Considered in Spears Hearing by The court of appeals for the fifth circuit held that a district court abused its discretion when it heard a prisoner's testimony during a Spears hearing and then disregarded it and dismissed the complaint. Danny Eason, a Texas state prisoner, filed …
Article • October 15, 1996 • from PLN October, 1996
Plaintiff Entitled to Respond to Qualified Immunity Defense by The court of appeals for the fifth circuit held a district court improperly dismissed a prisoner's civil rights complaint when it did not allow the plaintiff to respond to the defendants' qualified immunity defense. Donald Todd, a federal prisoner, filed suit …
Article • October 15, 1996 • from PLN October, 1996
Parolee's Jail Rights Discussed by The court of appeals for the fifth circuit addressed, for the first time ever, the question of what rights are retained by a parolee who is charged with a crime and is also held on a detainer. Steven Hamilton was on parole for various sex …
Texas Shaving Rule Declared Illegal by A federal district court in Texas ruled that a prison rule requiring prisoners be clean shaven violated a Muslim prisoner's religious rights and enjoined the rule. Johnson Lewis, a Texas state prisoner and a Muslim, filed suit claiming that prison regulations requiring that all …
Article • September 15, 1996 • from PLN September, 1996
Filed under: Work, Prison Industries
Texas Prisoners Build Their Own Cages by Texas increased its prison population over the past ten years from 37,000 to a soon-to-be 145,000. At one point, the lack of prison space kept a backlog of 35,000 state prisoners in county jails. All told, the state paid more than $650 million …
Article • September 15, 1996 • from PLN September, 1996
Filed under: Telephones, Telephone Rates
Phone Activist Seeks Info by In late 1994 I asked you to publish a request for information regarding prisoners whose friends and families have had to pay for collect calls which the prisoners didn't make. I received several replies, and ended up maintaining correspondence with one prisoner. With his help …
Article • August 15, 1996 • from PLN August, 1996
VitaPro Update by Over the past year PLN has published several articles about events revolving around a $33.7 million contract between the Texas Department of Criminal Justice (TDCJ) and Canadian-based VitaPro Foods, Inc. Since our last report, several developments have come to light. The Austin American-Statesman reported that Montreal businessman …
Article • August 15, 1996 • from PLN August, 1996
5th Circuit Bars Ad Seg Claims by The court of appeals for the fifth circuit has held that in the wake of Sandin v. Connor, 115 S.Ct. 2293 (1995) administrative segregation does not constitute a deprivation of any constitutionally protected liberty interest. Rolando Pichardo is a Texas state prisoner. Prison …
Failure to Protect States Claim by The court of appeals for the fifth circuit held that a district court erred in dismissing as frivolous a suit by a prisoner claiming his eighth amendment rights were violated when they failed to protect him from attack by other prisoners. Billy Horton, a …
Article • May 15, 1996 • from PLN May, 1996
Texas Rent-A-Cells Burn by The February issue of PLN featured "Kidnapping and Extortion Texas Style." Several county jails in Texas are scrambling to pay off the "junk munis" (municipal bonds) they used in the late 1980's to build rent-a-jails. Their clientele of Texas state prisoners dried up after the state …
Article • May 15, 1996 • from PLN May, 1996
VitaPro Fraud Scheme Unveiled in Texas by Texas state prison officials have asked a judge to nullify an agreement to purchase $33.6 million worth of VitaPro, a soy-based food product, saying the Texas Department of Criminal Justice (TDCJ) had no authority to sign such a contract. Under the deal between …
Article • May 15, 1996 • from PLN May, 1996
Texas Prison Developer Arrested in Escape Plot by A private prison developer with business ties to a former Texas state prison director was arrested in January and charged with plotting to help a convicted murderer escape from prison for a $750,000 fee. Patrick Harold Graham - using the alias Harold …
Article • May 15, 1996 • from PLN May, 1996
More Trouble in Texas Rent-A-Jails by Bryon W, Ferguson by Bryon W. Ferguson Hawaii prisoner Larry Earl Pagan decided he'd had enough of Texas hospitality. Pagan, shanghaied from a Hawaii state prison [See: "Kidnapping and Extortion Texas Style" in the Feb '96 PLN], escaped in February from the Newton County …
Texas Grooming Code May Violate RFRA by The court of appeals for the fifth circuit held that a district court erred in dismissing a Texas prisoner's claim that prison grooming regulations, requiring that prisoners be clean shaven and have short hair, violated his rights under the Religious Freedom Restoration Act …
Article • April 15, 1996 • from PLN April, 1996
Texas Guard Killed by Riot Shield by Harry Landis, a 58-year-old Texas prison guard collapsed after being shocked by an electrified riot shield during a training session. Guards were being trained in the use of the "electronic capture shield" designed to subdue prisoners. The device delivers a shock of 40,000 …
Article • April 15, 1996 • from PLN April, 1996
Jury Not Waived in "Doubtful Situation" by The fifth circuit court of appeals held that a plaintiff's right to a jury trial is not waived unless the plaintiff was clearly informed that an evidentiary hearing before a magistrate would constitute a trial. Darrell McAfee, a Texas state prisoner, filed suit …
Article • March 15, 1996 • from PLN March, 1996
Texas Medical Charge May Violate Due Process by Afederal district court in Texas has held that a prisoner's claim that he was wrongly charged for medical services should proceed to trial. Creighton Delverne is a convicted state prisoner who was awaiting transport to the state's prison system but was backlogged …
Article • March 15, 1996 • from PLN March, 1996
Lying Pathologist Imprisoned by For more than ten years, Ralph Erdmann was a busy West Texas forensic pathologist. He worked in over 40 counties, billing Lubbock County alone $140,000 for over 400 autopsies in one year. Many of Erdmann's autopsy reports were presented as evidence in criminal trials, some of …
Article • March 15, 1996 • from PLN March, 1996
Texas Guard Gets Probation for Killing Prisoner by In the September '95 issue of PLN we reported the manslaughter conviction of Joel Lambright, Jr. He was the first Texas prison guard in history to be convicted of killing a prisoner. He was sentenced to serve a two to ten year …
Article • February 15, 1996 • from PLN February, 1996
Kidnapping and Extortion, Texas Style by Dan Pens In the dead of the night, they come to your cell. You wake up with a flashlight shining in your face. You hear the rattle of chains. "Roll 'em up, boy... you're goin' for a ride.' The next day you get a …
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