University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Cruz v. Hauck JC-TX-0008
Docket / Court 70-182 ( W.D. Tex. )
State/Territory Texas
Case Type(s) Jail Conditions
Case Summary
In 1970, plaintiffs filed a class action pro se seeking declaratory and injunctive relief against the enforcement of jail regulations restricting inmates' use and possession of legal materials in Bexar County Jail. Over the next several years, litigation continued and plaintiffs appealed several ... read more >
In 1970, plaintiffs filed a class action pro se seeking declaratory and injunctive relief against the enforcement of jail regulations restricting inmates' use and possession of legal materials in Bexar County Jail. Over the next several years, litigation continued and plaintiffs appealed several decisions of the district court for the Western District of Texas. In 1977, the district court (Judge Adrian A. Spears) refused to grant class certification and determined that the entire case was moot because the named plaintiffs were no longer incarcerated in the jail; plaintiffs appealed. In 1980, the Fifth Circuit reversed the district court's decision and remanded for the district to consider the merits of plaintiffs' claims. Cruz v. Hauck, 627 F.2d 710 (5th Cir. 1980). Plaintiffs ultimately succeeded and won an injunction that required defendants to implement a set of rules and policies meant to provide inmates meaningful access to legal materials. Subsequent litigation continued regarding attorney's fees. Cruz v. Hauck, 762 F.2d 1230 (5th Cir. 1985). The docket for this case is not available on PACER, and therefore our information ends with the last reported decision in 1985.

Lauren Cutson - 05/26/2005


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Issues and Causes of Action
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Issues
General
Access to lawyers or judicial system
Law library access
Type of Facility
Government-run
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) Bexar County Jail
Plaintiff Description Plaintiffs are inmates of the Bexar County Jail.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 1970 - n/a
Case Closing Year n/a
Case Ongoing Unknown
Additional Resources
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Case Studies After Decision: Implementation of Judicial Decrees in Correctional Settings
Written: Oct. 01, 1977
By: M. Kay Harris & Dudley P. Spiller (Temple University)
Citation: (1977)
[ Detail ] [ PDF ]

  Writ-Writer
By: Susanne Mason (New Day Films)
Citation: (New Day Films 2008)
[ Detail ] [ External Link ]

Links A Guide to the Frances Jalet-Cruz Papers, 1966-1986
Center for American History,The University of Texas at Austin
By: The University of Texas at Austin
[ Detail ] [ External Link ]

Docket(s)
No docket sheet currently in the collection
General Documents
Reported Opinion 10/08/1980 (627 F.2d 710)
JC-TX-0008-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Reported Opinion 06/17/1985 (762 F.2d 1230)
JC-TX-0008-0002 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Higginbotham, Patrick Errol (Fifth Circuit, N.D. Tex.)
JC-TX-0008-0002
Reavley, Thomas Morrow (Fifth Circuit)
JC-TX-0008-0002
Tate, Albert Jr. (Fifth Circuit)
JC-TX-0008-0001
Thornberry, William Homer (W.D. Tex., Fifth Circuit)
JC-TX-0008-0002
Monitors/Masters None on record
Plaintiff's Lawyers Cruz, Frances Tuckerman Freeman Jalet (Texas)
JC-TX-0008-0001 | JC-TX-0008-0002
Duke, Lonnie W. (District of Columbia)
JC-TX-0008-0001 | JC-TX-0008-0002
Wiseman, J. Patrick (Texas)
JC-TX-0008-0002
Defendant's Lawyers Hernandez, George B. Jr. (Texas)
JC-TX-0008-0002
Hitchings, Barry P. (Texas)
JC-TX-0008-0002
Hodge, Michael P. (Texas)
JC-TX-0008-0001 | JC-TX-0008-0002
Millsap, Sam D. Jr. (Texas)
JC-TX-0008-0002
Schubert, Carroll (Texas)
JC-TX-0008-0002
Other Lawyers None on record

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