University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Trojcak v. United States of America PC-TX-0011
Docket / Court 1:08-cv-00593 ( E.D. Tex. )
State/Territory Texas
Case Type(s) Prison Conditions
Case Summary
On October 8, 2008, 47 prisoners filed a complaint under the Federal Tort Claims Act, 28 U.S.C. § 1346, against the federal government, in the U.S. District Court for the Eastern District of Texas. Plaintiffs alleged that as a result of Hurricane Rita they were subject to inhumane and unsanitary ... read more >
On October 8, 2008, 47 prisoners filed a complaint under the Federal Tort Claims Act, 28 U.S.C. § 1346, against the federal government, in the U.S. District Court for the Eastern District of Texas. Plaintiffs alleged that as a result of Hurricane Rita they were subject to inhumane and unsanitary conditions of confinement. Plaintiffs also alleged that the conditions under which they were employed at a UNICOR factory manufacturing Kevlar helmets for a Department of Defense contract were similarly inhumane. Plaintiffs alleged that as a result of a delay in production caused by Hurricane Rita they were forced to work grueling days in unsanitary conditions, while also being subject to confinement at the Beaumont Federal Correctional Institution which was heavily damaged by Hurricane Rita and not fit to house prisoners.

In February 2009, the U.S. moved to dismiss the case, and in the alternative for summary judgment. Briefing was voluminous, but appears to have ended in October 2009. As of March 2012, the judge had not decided the motion -- and issued a notice stating his intention to decide it soon. This did not happen, however. While the motion was pending, in October 2012, the plaintiffs' lawyer died. No other lawyer appeared to take his place. A year later, in December 2013, Magistrate Judge Giblin recommended that the case be dismissed for failure to prosecute. District Court Judge Marcia Crone adopted that recommendation, and dismissed the case without prejudice should one or more of the plaintiffs decide to refile. It does not appear that any plaintiff objected.

Anna Dimon - 02/12/2015


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Defendant-type
Corrections
General
Bathing and hygiene
Food service / nutrition / hydration
Sanitation / living conditions
Totality of conditions
Work release or work assignments
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674
Defendant(s) United States of America
Plaintiff Description 47 inmates of the Beaumont Federal Correctional Institution Medium who are also employees of UNICOR, a prison industry which uses prison labor to produce goods for the federal government.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2014
Case Ongoing No
Additional Resources
click to show/hide detail
Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
1:08−cv−00593 (E.D. Tex.) 06/26/2014
PC-TX-0011-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 10/08/2008
PC-TX-0011-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendant's Motion to Dismiss 02/17/2009
PC-TX-0011-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 08/24/2009 (E.D. Tex.)
PC-TX-0011-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Trojack v. United States of America - Order 03/12/2012 (E.D. Tex.)
PC-TX-0011-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Report and Recommendation of United States Magistrate Judge 12/20/2013
PC-TX-0011-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Crone, Marcia A. (S.D. Tex., E.D. Tex.) [Magistrate]
PC-TX-0011-9000
Giblin, Keith F. (E.D. Tex.) [Magistrate]
PC-TX-0011-0002 | PC-TX-0011-0002 | PC-TX-0011-0002 | PC-TX-0011-0004 | PC-TX-0011-0006 | PC-TX-0011-9000 | PC-TX-0011-9000
Monitors/Masters None on record
Plaintiff's Lawyers Sirak, Norman L. (Ohio)
PC-TX-0011-0001 | PC-TX-0011-9000
Defendant's Lawyers Parker, Andrea H. (Texas)
PC-TX-0011-0003 | PC-TX-0011-9000
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -