Prison communication policy does not violate first amendment
Facts Richard Dunsmore was involuntarily consigned to the Texas Civil Commitment Center in Littlefield, Texas, as a Sexually Violent Predator. On February 5, 2021, he filed a pro se complaint under 42 U.S.C. § 1983 against the Director of the Texas Civil Commitment Office (TCCO), Marsha McLane, and other TCCO employees. Dunsmore later amended his […]
Wife’s consent for home valid when subject objecting after he is arrested and in police car
Facts Orentha James Pea was sentenced to 120 months of imprisonment after being convicted of possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1). On appeal, he contends that the district court erred in denying his motion to suppress evidence seized from his estranged wife’s residence. Specifically, he claims […]
Deliberate two step strategy to circumvent Miranda not used here
Facts Law enforcement officers suspected that Christopher Taing was involved in a drug trafficking operation in Midland, Texas. Officer Joseph Beltran and DEA Special Agent Jaye Johnson followed Taing as he drove away from a suspected drug transaction and then parked in a hotel parking lot. They followed him through the lobby and into the […]
officials acting under prison policy are essentially following orders and so they do not violate clearly established law unless those orders are facially outrageous
Facts Rene Michelle Taylor is a former Texas inmate and practicing Muslim. For decades she wore a hijab that covered her hair, ears, and chest. The parties do not dispute that Taylor sincerely believed she needed to wear such a hijab. In 2012 the Texas Department of Criminal Justice (TDCJ) promulgated a system-wide policy regulating hijab […]
jailers not liable for failing to provide medical care to a detainee who refused treatment
Facts In 2018, the Bexar County Sheriff’s Office responded to a call that Fernando Macias was having a mental health crisis and threatening his mother’s safety. The situation escalated into a shootout between Macias and the Texas Rangers SWAT team. When the dust settled, Macias had suffered a nonfatal gunshot wound and law enforcement had […]
Probable cause for arrest bars §1983 alleging the arrest was retaliation for protected speech
Facts In 2019, Sylvia Gonzalez was elected to a seat on the city council. As her first act in office, Gonzalez participated in organizing a nonbinding petition that called for the removal of the city manager from office. On May 21, Gonzalez attended her first city council meeting as a council member, at which a […]