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Texas Courts Must Hold Hearing Before Dismissing Suit for Having No Arguable Basis in Fact
Loaded on July 15, 1999
published in Prison Legal News
July, 1999, page 20
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 dismiss a prisoner's suit for failing to state an arguable basis in fact without first holding ...
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More from this issue:
- Strip Mining Human Rights in Virginia's Supermax Dungeons, by Dan Pens
- Florida Guards Acquitted in Brutality Case, by Alex Friedmann
- The Mentally Disordered Inmate and the Law, by Fred Cohen (Book Review), by Paul Wright
- From the Editor, by Dan Pens
- Behind Bars in Brazil (Review of Human Rights Watch Report), by Julia Lutsky
- Human Feces in California Prison's Water, by Willie Wisely
- Iowa to Close Prison Law Libraries
- South Korea Frees Political Prisoner after 41 Years
- Ohio Prisons Cited by EPA, by Dan Cahill
- Missouri Ends Ad Seg Ban on Publications
- Detainee Beaten to Death at Nassau County Jail, by Alex Friedmann
- Wisconsin Prisoners Stage Food Protest
- Exhaustion Required
- PLRA Physical Injury and Administrative Exhaustion Requirements Not Retroactive
- Illinois Exhaustion Described
- Federal Habeas Not Subject to PLRA
- PLRA Doesn't Affect Court Contempt Powers
- PLRA Physical Injury Requirement Not Retroactive
- Guard Guilty of Penis Stomping
- Florida Prison Erupts
- Washington Gift Subscription Ban Injunction Affirmed
- $660,000 Awarded in Post-Sandin Segregation Suit
- Private Prison Guard Is State Actor for § 1983 Purposes
- VitaPro President Arrested
- Liberty Interest in Parole-Required Custody Classification
- Withholding Dental Care Violates Eighth Amendment, by Ronald Young
- No Interlocutory Appeal on Supervisory Liability When Guard Stabs Prisoner
- Denial of HIV Medication Subjects Medical Contractor to Liability
- Kansas Good Time Forfeiture Violates Ex Post Facto
- Arizona Prisoners Can Pay Filing Fee in Installments
- Infraction Inadmissable at Criminal Trial
- BOP Erred in Running State Sentence Consecutive to Federal Sentence
- Washington Restitution Order Expired Ten Years After Release
- Adequate Opportunity for Discovery Required
- Texas Courts Must Hold Hearing Before Dismissing Suit for Having No Arguable Basis in Fact
- No Suspicion Required for California Parolee Searches
- IDEA Confers Right to Education Even in SHU
- $130,000 in Damages and Fees Awarded in New York Retaliation Suit
- Qualified Immunity in Transsexual Treatment Case
- New York Work Release Suit Dismissed
- Edwards No Bar to Seg Suit
- Washington EFV Cut-Off Date Questioned
- News in Brief
- Retaliation Suit States Claim
- FRAP 24 Good Faith Standard Not High
- 376 Days in New York Seg "Atypical and Significant" Hardship
More from these topics:
- Third Circuit Finds Relation-Back Rule Misapplied to Philadelphia Prisoner’s “Crappy” Ordeal Lawsuit, Oct. 15, 2024. Attorney Misconduct, Frivolous Litigation, U.S. Sentencing Guidelines.
- DOJ Sues Utah DOC, Alleging Discrimination Against Transgender Prisoner, Sept. 15, 2024. Frivolous Litigation, Discrimination (Transgender).
- Florida Supreme Court Bans ‘Vexatious’ Prisoner From Filing Further Pro Se Petitions, April 26, 2024. State Law Claims, Frivolous Litigation.
- See No Evil, Hear No Evil, Treat No Evil: Centurion and the Curse of For-Profit Prison Healthcare, Jan. 1, 2024. MHM Inc., Corizon, Centurion, Misconduct/Corruption, Contractor Misconduct, Government Misconduct, Retaliation, Systemic Medical Neglect, Cancer, Private Contractors, Frivolous Litigation, Disclosure of Records, Declaratory Judgment, Public Records, Medical Neglect/Malpractice, PLN Litigation, Censorship, Articles About PLN, Public Records Act, Freedom of Information Act (FOIA), HRDC Litigation.
- Florida Solitary Confinement Lawsuit Dismissed, Oct. 15, 2023. Frivolous Litigation, Control Units/SHU/Solitary Confinement.
- Eighth Circuit Lets Public Defender Withdraw from BOP Prisoner’s “Frivolous” Appeal, June 1, 2023. Frivolous Litigation, Mental Health, Bureau of Prisons (BOP).
- Sing Sing Prisoners Sue, Alleging Vicious Beatings During CERT Shakedown, April 19, 2023. Guard Brutality/Beatings, Frivolous Litigation.
- No Pay for Iowa Prisoners Overdosed With COVID-19 Vaccine, April 1, 2023. Drug Overdose, COVID-19, Frivolous Litigation.
- How a Private Prison Company’s Defamation Suit Against One of Its Critics Backfired, Feb. 1, 2021. Corrections Corporation of America/CoreCivic, Frivolous Litigation, Immigration Law/Offenses.
- Dismissal Not Authorized for Oregon Victim’s Refusal to Comply With Subpoena, Oct. 4, 2020. Civil Procedure, Subpoenas, Fair Trial.