View Full Version : Class Action Suit Begins Against TX BPP


north star
01-06-2006, 10:36 PM
In the past I have mentioned an Ohio attorney named Norman Sirak who filed a class action law suit against the OH parole board. His suit started four years ago, and is in its final stages. Many changes have been made in Ohio, and for all of the USA through Supreme Court rulings which stemmed from this class action suit.

Mr. Sirak has now filed the first complaint against the Texas BPP in the United States District Court, Western District of Texas in Austin. I've scanned the document he sent me into .pdf form and it's posted here (with his approval) for you to read. I will warn you it is 113 pages but can guarantee you a very interesting read.
http://www.injusticeintexas.com/SirakTXcomplaint.pdf

Mr. Sirak has a satellite office here in Texas which his son is currently heading up. I can provide that address for any who want it since I can't post it here. They are working on a web site for their actions here in Texas. In the meantime you can access the OH web site that does give you a way to contact Mr. Sirak at his OH offices, and it will occasionally reference the proceedings in Texas.

Mr. Sirak does have his work cut out for him, and it won't happen overnight. But having tracked his progress in OH, I can say he does his homework and is tenacious. This is an exciting time for the state of TX! and all those who are affected by the BPP and TDC since they are linked hand in hand. It's certainly worth keeping the EYES OF TEXAS upon it! :thumbsup:

MoMo
01-06-2006, 10:40 PM
Thanks for sharing this with us!! Finally someone coming to the table!!!

Crone
01-07-2006, 03:51 AM
I would like to follow the progress. Would you mind pming me with the web page? Thanks!

jojacks
01-07-2006, 05:29 AM
This is great!!!!!!!!!!

jftazzy102
01-07-2006, 10:12 AM
Thanks North Star for the information....yes he does have his work cut out for him but at least HE is willing to step up to the plate and help do something about it....

Crone
01-07-2006, 03:05 PM
NorthStar do you by any chance know when Attorney Sirak filed this writ? I've been reading it off and on all day and it is fascinating reading.

gigi v
01-07-2006, 05:43 PM
Thanks For Posting, I Found Page 41 To Be Fascinating Reading

Crone
01-07-2006, 06:10 PM
NorthStar,

Me again ... sorry. I don't mean or want to burst any bubbles here. Heck, if they are successful with this lawsuit then I will be dancing in the streets for a very long time.

I just listened to the archives on the Ray Hill Prison Show from last night where he talks about this case. He stated that as near as they can tell the suit hasn't been filed yet and that the attorney was seeking funds from Ray's show to fund this lawsuit. Ray also said that the attorney wasn't as successful in his lawsuits in Ohio as "the internet" is professing.

I for one am going to watch this case very carefully. If anyone has any further information please share it with us!!

north star
01-07-2006, 09:52 PM
I haven't been following too closely things that have happened in Ohio, but I do know that there were Supreme Court rulings that came from it. I've printed each one and sent them to my husband who says they are going to make things different, not only with parole, but in how sentences are handed down, and whether or not some sentences are actually constitutionally sound. Of particular interest was Wilkinson vs Dotson and it had a lot of local attorneys in the law library pulling it and copying it.

Per Norman's email when he sent me the complaint, it was filed in Austin on December 5, 2005. I believe that the sign up to be a part of the lawsuit is $400. But you don't have to be a mentioned party to benefit from any decisions that come from it. You can contact Norman's offices to find out more about that.
http://www.injusticeintexas.com/SirakOfc.asp

I found it interesting that the estate of David Ruiz was listed as a plaintiff. Yes, page 41 is interesting. When we consulted a parole attorney for his first review four years ago, he declined to handle it because, as he said to my husband, "You have a magic number, and you're not going to be paroled until you reach it." The two times he was paroled before, it was never before he served 3.5 years. We'll soon see.

Here is the current site. Bear in mind it's about Ohio as they are still working on the site for Texas. http://parolereform.com/

msmecca
01-08-2006, 01:56 PM
I received an e-mail from his office last week with the entire Motion and complaint. I requested that he mail a packet directly to my husband and another friend. (it is my understnding that Legal Letters can not be read by CO's)

I only mailed the letter to my husband and am waiting to find out if he wants me to mail the entire packet.

What do yall think? Is it ok to mail the complaint or should I wait for a responce from Mr Sirak's office? Its a pretty big file and I dont want the Co's all inhis business.

msmecca
01-08-2006, 02:05 PM
NorthStar,

Me again ... sorry. I don't mean or want to burst any bubbles here. Heck, if they are successful with this lawsuit then I will be dancing in the streets for a very long time.

I just listened to the archives on the Ray Hill Prison Show from last night where he talks about this case. He stated that as near as they can tell the suit hasn't been filed yet and that the attorney was seeking funds from Ray's show to fund this lawsuit. Ray also said that the attorney wasn't as successful in his lawsuits in Ohio as "the internet" is professing.

I for one am going to watch this case very carefully. If anyone has any further information please share it with us!!


I read the entire complaint (over 100 pages)and he makes some very valid points for argument and the state of Texas has a lot of answering to do. Especially when it come to denying parole for no good reason and inmates loosing good time, issolation of prisoners, failure to provide supportprograms inside, the slavery system etc. Sirak has the right to seek funds for this complaint It seems as though it has taken up alot of resources and will take alot more. This case will probably be in the courts for years! fully support him becuase these are issues husband and i have spoken about

Crone
01-08-2006, 03:09 PM
My man is in TDCJ so I am very anxious to see a favorable outcome of this case inasmuch as it directly affects us. I agree that Attorney Sirak has the right to seek funds to support this litigation -- from his clients and potential clients. I can't agree that he has the right to seek funds from a radio station or the general public.

I read the complaint and I agree that Attorney Sirak made strong and valid allegations. You are right, this case will be in the courts for years. He filed a similar case in Ohio which has been in the courts since 2001. That's just the way the wheels of justice turn unfortunately. :(

I have to read this case again. I just read something related to his Ohio case that indicated that he was suing on behalf of those incarcerated before 1996 changes in sentencing laws. If that is the case in Texas then my man may not qualify to be a plaintiff.

Crone
01-08-2006, 03:13 PM
I received an e-mail from his office last week with the entire Motion and complaint. I requested that he mail a packet directly to my husband and another friend. (it is my understnding that Legal Letters can not be read by CO's)

I only mailed the letter to my husband and am waiting to find out if he wants me to mail the entire packet.

What do yall think? Is it ok to mail the complaint or should I wait for a responce from Mr Sirak's office? Its a pretty big file and I dont want the Co's all inhis business.

Was Attorney Sirak's office willing to mail a copy of the packet directly to your husband? If he is then there is no need for you to send it to your husband. Besides, "technically" the COs aren't supposed to read any legal mail but there are some who never adhere to the rules. (See Attorney Sirak's web page. He has/had a lawsuit against the prison officials for not only reading his mail to inmates but also causing delays in delivering his mail). Personally, I would wait for a response from his office. Of course, if you mail it to your husband it cuts down on Attorney Sirak's costs associated with this litigation.

quulin
01-08-2006, 08:15 PM
When was this filed?

Crone
01-08-2006, 08:48 PM
Per Norman's email when he sent me the complaint, it was filed in Austin on December 5, 2005.

Here you go :)

north star
01-08-2006, 10:27 PM
I agree that Attorney Sirak has the right to seek funds to support this litigation -- from his clients and potential clients. I can't agree that he has the right to seek funds from a radio station or the general public.


I don't live in an area where I can hear the Ray Hill show so I can't really comment on what was or was not said at that time. However, if a case is going to last for at least 4 years as it has in OH (and I personally believe it may take longer to sort out this den of snakes in TX) I don't really see anything wrong with him soliciting for funds or clients. What is the difference between this and a politician soliciting for donations to run their campaign? (Other than this accomplishes more good.) Even at $400 per person to enter this suit, there's going to be a huge amount of expenses that in the mean time is coming out of Mr. Sirak's practice and pocket.

farmgirl
01-09-2006, 03:42 AM
I also have a copy of the complaint filed on Dec. 5. I'm praying for my friend and the others this will affect. I'm not sure that he will send a copy of the complaint to an inmate unless he/she becomes a plaintiff in the suit. If memory serves me right, it's $400 to become a plaintiff and then $500 when it goes to court or something to that affect. Mr. Sirak is asking family members and friends to become involved in the suit and pay the money since the prisons won't let the prisoners take money from their own accounts to become plaintiffs. I have asked my friend if he did get a copy of the complaint anyway, via snail mail. Man, the guards take their time getting the mail to the inmates!!! Makes me crazy!!!

Crone
01-09-2006, 04:56 AM
I don't really see anything wrong with him soliciting for funds or clients. What is the difference between this and a politician soliciting for donations to run their campaign? (Other than this accomplishes more good.)

Personally I don't either, however in some states it is unethical for attorneys to do this and they can be disbarred for it. I like to err on the side of caution ... must be my own legal background that causes that to happen. ;)

Crone
01-09-2006, 05:59 PM
NorthStar, I spoke with the attorney I work for today about this case - only as it relates to the attorney soliciting funding for the case. He explained to me that (here) an attorney could not solicit funding from the general public. Having said that, the people involved in the case or an organization involved in the case - let's use the example of Texas CURE* - could by all means solicit funding from the general public. Now, on Ray's Prison Show he said that "the secretary" called him and asked him to ask his radio listeners to contribute. What I don't know (and Ray didn't say) was whether "the secretary" was the attorneys secretary or a secretary for another organization.

*To the best of my knowledge Texas CURE is NOT involved in this suit nor do I mean to imply that they are. Their name was only used here as an example organization.

farmgirl
01-10-2006, 03:33 AM
I received a letter from my friend yesterday and he did, in fact, get a copy of the suit. He was very surprised to have received it, indeed.

Crone
01-10-2006, 04:43 PM
I received a letter from my friend yesterday and he did, in fact, get a copy of the suit. He was very surprised to have received it, indeed.

Good! I sent them an email asking what the requirements were for an offender to be part of this suit, what they needed volunteers to do, etc. but haven't heard back from them yet.

farmgirl
01-11-2006, 03:53 AM
I received two letters from my friend yesterday. One dated Jan. 2, the other, Jan. 6. He says this suit along with the Raymond F. Gross suit has the place buzzing! Families, inmates and even the guards are talking about it. Everyone wants a copy of the suit by Mr. Sirak. He asked if I would send my copy to him and I have told him that I will. He says that all of a sudden many inmates are getting FI's (not sure what this acronym means, but I know it's a good thing) and they are absolutely stunned! I could feel the excitement through the pages of his letters. This is absolutely fabulous!

Crone
01-11-2006, 04:34 AM
farmgirl, which unit is your friend at? The Gross suit sounds vaguely familiar but I'm not sure what it is about. Can you elaborate a little for us?

farmgirl
01-11-2006, 07:20 AM
If you go to this site http://www.geocities.com/sandyzlinx/Gross2.html, it will tell you what is going on with the case. Mr. Gross has made a lot of the same allocations that Mr. Sirak has. It's about parole reform. This website is the only one I have been able to find that is up-to-date on the matter. My friend is at the Coffield Unit. Also, the Sirak website, I believe, is parolereform.com. So far all it has is the litigation going on in Ohio; however, in his letter to me, he will be putting information regarding the Texas suit on line. Incidently, my friend states that the 5th circuit court needs to make a decision in 60 days. I'm not sure when that time period is up. Does anyone know???

Crone
01-11-2006, 04:51 PM
i believe it is 60 days from the date of filing (or 60 days from 12/5). I'm wondering why they would need to make a decision that quickly? It would seem to me that the state would have an opportunity to answer the complaint prior to the court making any decisions. Perhaps there is an TX attorney on PTO who could offer some insight (not legal advice - just insight).

north star
01-12-2006, 10:33 PM
When a writ is filed the defendants, in this case the state, have 60 days to file a response. Then the attorney for the plaintiffs will have 20 days to file a response to the state's response. Then it goes to the judge for a decision. There is no time limit (to my knowledge) the judge has to make a decision. When he does, that will start a series of appeals etc.

myaebonydiamond
01-12-2006, 11:45 PM
my husband has been wanting this information for a while now but i couldn't find it. i am nbt able to use pdf format on my computer.is there any way someone could send this to me as word document. i would greatly appreciate it. please pm asap. thanks

farmgirl
01-13-2006, 03:41 AM
What unit is your husband on?

myaebonydiamond
01-13-2006, 10:20 AM
he's at the michael unit

farmgirl
01-13-2006, 10:23 AM
Ok, let me think on this and look around and see if I can find this for you. Or you can go to Mr. Sirak's website and email him. He will gladly send you and your husband a copy. I got mine in about a week. His website is parolereform.com. Norman Sirak's email is nsirak@parolereform.com and there is a TX email txparolelawsuit@yahoo.com. Either one of these suggestions should get you what you need. If I can be of further assistance, let me know. My friend is in the Coffield Unit and he got his a couple of weeks after me (I wrote to Mr. Sirak for my friend). News that he got a copy of the suit spread like wildfire through the place. Everyone is buzzing about it from what he has told me via snail mail. It has made him and others quite happy. Good luck.

myaebonydiamond
01-13-2006, 01:40 PM
thanks farmgirl. i will do just that.

djsen
01-13-2006, 06:24 PM
What affect will this have on our loved ones that are going through the review process now. My husband file is in the early review process. I'm suppose to call every 30 days to check on it. But after reading this suit I guess he will be denied or have a set-off. He falls under a lot of what is in this suit. He is in for parole violation for not reporting one time after being on the street for 1yr 3 months and reporting and doing everything by the book for that period of time. We had the revocation hearing in the county jail just like what they were talking about in the suit that Mr. Sirak is filing reading all that is so very true it is exactly what is happening to a large majority of the prison population . What should I do if my husband gets a set- off or is denied his first parole review or if he gets a serve all which his mandatory release date would be longer than what his orginial sentence was for. He has already been in there for 7 months he is already as far up as you can go as a trustee and he is low risk and not a danger to society but after I read that he will probably get denied.:angry:Is ther anything that we can all do together to change this injustice in the system. There is strength in numbers and if we all get behind this suit can't we maybe get things changed. They are committing crimes that are far more destructive to society than what alot of our loved ones have done. We have the power as voters to change laws if we all work together. Let's start with the yahoos that makes up this bills that they want to enact into laws. Then our beloved governor that sticks behind these admentments to the codes and the legislature that votes them in. Deny their vote at election time just like they deny or loved ones their paroles.

Crone
01-13-2006, 06:31 PM
What affect will this have on our loved ones that are going through the review process now. .:angry:

You should send an email to Attorney Sirak and ask him these questions. I believe farmgirl provided his email address/contact information in an earlier post.

Crone
02-05-2006, 07:41 AM
BTW NorthStar, I never thanked you for sharing this important lawsuit with us. Thank you so much! You're the best!

sharon60
02-05-2006, 08:12 PM
thanks northstar.....i'll sure be watching this! :thumbsup:

DagosBrighteyes
02-09-2006, 01:42 AM
I have read and printed the lawsuit and am sending a copy off to my husband tomorrow. so much of this is true and I have seen it in action when my husband was revoked and the blatant denial of TDC to listen to recorded conversations that prove the parole officer had it out for my husband, not heresay, the PO's own words recorded yet no one cares because they make money having my husband behind bars with no regard to how it effects his wife and three kids. It is an outrage!!!