Case: In re Clements

89-02706 | U.S. Court of Appeals for the Fifth Circuit

Filed Date: 1989

Clearinghouse coding in progress

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 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.

Summary Authors

Lauren Cutson (5/26/2005)

Related Cases

Alberti v. Klevenhagen, Southern District of Texas (1972)

People


Judge(s)

Garwood, William Lockhart (Texas)

Attorney for Defendant

Birnberg, Gerald M. (Texas)

Lawrence, Roderick O. (Texas)

Mattox, Jim (Texas)

Oitzinger, James T. (Texas)

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Documents in the Clearinghouse

Document

89-02706

Reported Opinion

In Re Clements

Aug. 11, 1989

Aug. 11, 1989

Order/Opinion

881 F.2d 881

Docket

Last updated Aug. 30, 2023, 2:35 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Texas

Case Type(s):

Jail Conditions

Key Dates

Filing Date: 1989

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

inmates of the Harris County Jail

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Harris County Jai (Harrison), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Special Case Type(s):

Appellate Court is initial court

Available Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding / caseload

Type of Facility:

Government-run