University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name In re Clements JC-TX-0010
Docket / Court Docket No. Not Available ( S.D. Tex. )
State/Territory Texas
Case Type(s) Jail Conditions
Case Summary
The State of Texas, the Governor, the Director of the Texas Department of Corrections, and members of the Texas Board of Corrections brought into Alberti v. Sheriff of Harris Co. as a third-party defendant (see JC-TX-0001) petitioned the Fifth Circuit for a writ of mandamus to compel transfer of ... read more >
The State of Texas, the Governor, the Director of the Texas Department of Corrections, and members of the Texas Board of Corrections brought into Alberti v. Sheriff of Harris Co. as a third-party defendant (see JC-TX-0001) petitioned the Fifth Circuit for a writ of mandamus to compel transfer of the third-party complaint to a different court. In 1989, the Fifth Circuit granted petitioners' request in part, concluding that mandamus should issue requiring transfer to a different court of the remedy portion of the third party action. The court declined, however, to transfer any other portion of the litigation. In re Clements, 881 F.2d 145 (5th Cir. 1989). The only PACER docket available for this case is the docket for Alberti v. Sheriff of Harris Co. (see JC-TX-0001), which is virtually empty.

Lauren Cutson - 05/26/2005


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Issues and Causes of Action
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Issues
Crowding
Crowding / caseload
Type of Facility
Government-run
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) Harris County Jai
Plaintiff Description inmates of the Harris 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 not on record
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 ]

Docket(s)
No docket sheet currently in the collection
General Documents
Reported Opinion 08/11/1989 (881 F.2d 145)
JC-TX-0010-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Garwood, William Lockhart (Fifth Circuit)
JC-TX-0010-0001
Politz, Henry Anthony (Fifth Circuit)
JC-TX-0010-0001
Monitors/Masters None on record
Plaintiff's Lawyers Birnberg, Gerald M. (Texas)
JC-TX-0010-0001
Oitzinger, James T. (Texas)
JC-TX-0010-0001
Defendant's Lawyers Lawrence, Roderick O. (Texas)
JC-TX-0010-0001
Rice, Lisa S. (Texas)
JC-TX-0010-0001
Streicher, Harold M. (Texas)
JC-TX-0010-0001
Other Lawyers Mattox, Jim (Texas)
JC-TX-0010-0001
Ozer, Robert M. (Texas)
JC-TX-0010-0001
Worley, John B. (Texas)
JC-TX-0010-0001

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