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  #1  
Old 07-16-2017, 03:58 PM
Charlesdavenpor Charlesdavenpor is offline
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Default Petition: TDCJ Human Rights Violations and a statewide injunction on TDCJ

Hello Community. I am new here and hope to become involved as much as possible. I have submitted a petition to petition the white house and hope to be able to post a link soon. It's about TDCJ Human Rights Violations and a statewide injunction on TDCJ

I wanted to let you know about a We the People petition and ask for your support. Will you add your name to mine? If this petition gets 100,000 signatures within 30 days of its creation, the White House will review it and respond! You can view and sign the petition here: Americans are imprisoned and forced to die from heat; issue a statewide injunction to ensure a heat index below 88F -- I hope to add a link soon.

Thanks for raising your voice!

Link to petition: HERE

Last edited by patchouli; 07-16-2017 at 04:26 PM.. Reason: added link to petition
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  #2  
Old 07-16-2017, 04:13 PM
CenTexLyn CenTexLyn is offline
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The PotUS has no jurisdiction over a State agency...

If people were being smart, what they would do is get the Ruiz Consent Decree from 25 years ago and nit-pick it in a manner that sought to have the Eastern District of Texas reopen the case on prospective contempt findings.
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Old 07-16-2017, 04:53 PM
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Welcome to Prison Talk. I agree that the federal courts have a better chance for success than petitioning the President does, regardless of who the president is.

The Texas governor could implement immediate changes to that prison system, but the chances definitely depend on who the TX Governor happens to be.
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Old 07-16-2017, 05:09 PM
Charlesdavenpor Charlesdavenpor is offline
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Originally Posted by CenTexLyn View Post
The PotUS has no jurisdiction over a State agency...

If people were being smart, what they would do is get the Ruiz Consent Decree from 25 years ago and nit-pick it in a manner that sought to have the Eastern District of Texas reopen the case on prospective contempt findings.
Creating a petition at petitions.whitehouse.gov allows for 5 options that all ask "We the People ask the federal government to:"
This petition used - "We the People ask the federal government to call on congress to act on an issue". More so, the process of creating a petition and gathering electronic signatures provides a common approach used by activists. In fact, these petitions are primarily used as an opportunity to connect with a community of like-minded people who are invested in making a change. Ideally, running a petition on We the People is just the start of something bigger a long-term, robust form of civic engagement.
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Old 07-16-2017, 05:20 PM
CenTexLyn CenTexLyn is offline
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Originally Posted by Charlesdavenpor View Post
Creating a petition at petitions.whitehouse.gov allows for 5 options that all ask "We the People ask the federal government to:"
This petition used - "We the People ask the federal government to call on congress to act on an issue". More so, the process of creating a petition and gathering electronic signatures provides a common approach used by activists. In fact, these petitions are primarily used as an opportunity to connect with a community of like-minded people who are invested in making a change. Ideally, running a petition on We the People is just the start of something bigger a long-term, robust form of civic engagement.
You need to grasp the REALITY that the federal legislature has no control over State agencies, no matter whether it is TDCJ or another agency.

You are trying to reinvent the wheel. But hey, what do I know...I was only working on units when we had Special Masters tromping around in the mid-80's and around when the Consent Decree came down in 1992...
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Old 07-16-2017, 05:51 PM
Charlesdavenpor Charlesdavenpor is offline
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Originally Posted by CenTexLyn View Post
You need to grasp the REALITY that the federal legislature has no control over State agencies, no matter whether it is TDCJ or another agency.

You are trying to reinvent the wheel. But hey, what do I know...I was only working on units when we had Special Masters tromping around in the mid-80's and around when the Consent Decree came down in 1992...


Federal government is composed of three distinct branches: legislative, executive and judicial. Article III of the Constitution, which establishes the Judicial Branch, leaves Congress significant discretion to determine the shape and structure of the federal judiciary. This petition specifically "calls on congress to act." Judicial power is vested onto federal judges who can and do put through an injunction onto government state agencies (TDCJ). Case in point - On June 21, 2016, U.S. District Court Judge Keith Ellison ordered the Texas Department of Criminal Justice (TDCJ) to provide prisoners at the Wallace Pack Unit in Navasota with drinking water free of unsafe levels of arsenic.
- In addition this federal judge, at this very moment,
is ruling on another injunction on TDCJ regarding the heat issue right now. Your comments illustrate that you are in this forum for very different reasons and seem to be missing the big picture here. As I just stated, "activists merge with like minded individuals to create real change."
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Old 07-16-2017, 06:03 PM
CenTexLyn CenTexLyn is offline
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Quote:
Originally Posted by Charlesdavenpor View Post
Federal government is composed of three distinct branches: legislative, executive and judicial. Article III of the Constitution, which establishes the Judicial Branch, leaves Congress significant discretion to determine the shape and structure of the federal judiciary. This petition specifically "calls on congress to act." Judicial power is vested onto federal judges who can and do put through an injunction onto government state agencies (TDCJ). Case in point - On June 21, 2016, U.S. District Court Judge Keith Ellison ordered the Texas Department of Criminal Justice (TDCJ) to provide prisoners at the Wallace Pack Unit in Navasota with drinking water free of unsafe levels of arsenic.
- In addition this federal judge, at this very moment,
is ruling on another injunction on TDCJ regarding the heat issue right now. Your comments illustrate that you are in this forum for very different reasons and seem to be missing the big picture here. As I just stated, "activists merge with like minded individuals to create real change."
A federal court cannot simply act sua sponte. There was a suit filed. It was NOT some online petition. Which comes back to my earlier comment that if anyone truly wanted quicker action, they would go back to the Consent Decree and pursue a contempt finding...

I don't believe in encouraging people to spin their wheels pursuing avenues that don't gain what they believe it will accomplish...but then again, I also passed Civics back in the day.
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Old 07-16-2017, 06:04 PM
Charlesdavenpor Charlesdavenpor is offline
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Quote:
Originally Posted by Charlesdavenpor View Post
Federal government is composed of three distinct branches: legislative, executive and judicial. Article III of the Constitution, which establishes the Judicial Branch, leaves Congress significant discretion to determine the shape and structure of the federal judiciary. This petition specifically "calls on congress to act." Judicial power is vested onto federal judges who can and do put through an injunction onto government state agencies (TDCJ). Case in point - On June 21, 2016, U.S. District Court Judge Keith Ellison ordered the Texas Department of Criminal Justice (TDCJ) to provide prisoners at the Wallace Pack Unit in Navasota with drinking water free of unsafe levels of arsenic.
- In addition this federal judge, at this very moment,
is ruling on another injunction on TDCJ regarding the heat issue right now. Your comments illustrate that you are in this forum for very different reasons and seem to be missing the big picture here. As I just stated, "activists merge with like minded individuals to create real change."
Litigation is completely different that a petition. What are you talking about?

I did not state that a federal judge could act on his own. Obviously, the case I used as an example was in response to a suit filed. Congress makes the laws and as I stated this petition is to congress. Read before you trip over yourself.

This petition is to congress. Let me state that again. This petition is to congress. Congress is the lawmaking branch of our national government.

Well thank you for a warm welcome in response to my first post here. You are too kind. I realize that you are an individual that would rather focus on being correct rather than actually doing something. IMPORTANT - aligning yourself with like minded individuals is real power regardless of how it is accomplished.

Lastly, your comment regarding "federal legislature" is nonsensical. Federal relates to central government distinct from the individual governments, which is what the legislative branch is. The legislative branch is made up of the Senate and the House of Representatives. Please educate yourself before bashing another individual.

Last edited by Charlesdavenpor; 07-16-2017 at 06:24 PM..
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Old 07-16-2017, 06:17 PM
CenTexLyn CenTexLyn is offline
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Originally Posted by Charlesdavenpor View Post
Lastly, your comment regarding "federal legislature" is nonsensical. Federal relates to central government distinct from the individual governments, which is what the legislative branch is. The legislative branch is made up of the Senate and the House of Representatives. Please educate yourself before bashing another individual.
Those two entities are, for the purposes of THIS discussion, referred to as a federal legislature, so as to distinguish them from the Texas legislative bodies (also referred to as Senate and House). No legislative entity in DC has the ability to pass a statute that impacts TDCJ operations. That would be a usurping of powers delegated to the State...in this case, the State of Texas.

Again, civics...they USED to require students to have a working knowledge of it before graduating from high school.
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Old 07-16-2017, 08:33 PM
russelln61 russelln61 is offline
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Quote:
Originally Posted by Charlesdavenpor View Post
Hello Community. I am new here and hope to become involved as much as possible. I have submitted a petition to petition the white house and hope to be able to post a link soon. It's about TDCJ Human Rights Violations and a statewide injunction on TDCJ

I wanted to let you know about a We the People petition and ask for your support. Will you add your name to mine? If this petition gets 100,000 signatures within 30 days of its creation, the White House will review it and respond! You can view and sign the petition here: Americans are imprisoned and forced to die from heat; issue a statewide injunction to ensure a heat index below 88F -- I hope to add a link soon.

Thanks for raising your voice!

Link to petition: HERE
Hate to be pessimistic , but Trump. Youre just pissing in the wind, but I admire youre spirit.
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Old 07-16-2017, 08:37 PM
russelln61 russelln61 is offline
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Quote:
Originally Posted by CenTexLyn View Post
The PotUS has no jurisdiction over a State agency...

If people were being smart, what they would do is get the Ruiz Consent Decree from 25 years ago and nit-pick it in a manner that sought to have the Eastern District of Texas reopen the case on prospective contempt findings.
Wow, you are cool. Ruiz huh? Ill look into it.
If I go to East Texas Unit.and experience some abuse. otherwise it nolo contendre right?
No Standing. and I support States Rights. Yeh Im still a Redneck
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Old 07-16-2017, 08:50 PM
CenTexLyn CenTexLyn is offline
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Originally Posted by russelln61 View Post
Wow, you are cool. Ruiz huh? Ill look into it.
If I go to East Texas Unit.and experience some abuse. otherwise it nolo contendre right?
No Standing. and I support States Rights. Yeh Im still a Redneck
Ruiz...as in David Ruiz, the lead name attached to the massive action that began in the 70's and came to a close with the Consent Decree...off the top of my head, December 1992 sticks in my mind. William Wayne Justice was the judge who oversaw the case. It was THE case that led to the building boom in the late 80's and early 90's. Somewhere, I still have my copy that was printed in The Echo...buried away with a lot of bound copies of the various reports prepared by Donna Brorby's staff in the mid-80's (her office handled the Special Master functions).

From a practical standpoint, ANY person serving a sentence in TDCJ would have standing if there was an actual breach of the Consent Decree that they could prove up, even if their offense was committed AFTER the Decree issued.
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Old 07-16-2017, 08:51 PM
Charlesdavenpor Charlesdavenpor is offline
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Hate to be pessimistic , but Trump. Youre just pissing in the wind, but I admire youre spirit.

Thanks. I now understand that I did not word the petition correctly by referring to a statewide injunction. I needed to stick with federal law which supersedes state law in the case of conflicting legislation. Did you sign it anyways?
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Old 07-17-2017, 07:26 AM
Charlesdavenpor Charlesdavenpor is offline
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Quote:
Originally Posted by CenTexLyn View Post
The PotUS has no jurisdiction over a State agency...

If people were being smart, what they would do is get the Ruiz Consent Decree from 25 years ago and nit-pick it in a manner that sought to have the Eastern District of Texas reopen the case on prospective contempt findings.
I would like to know if you could assist me. Could anything be done on a federal level that could impact all state prisons to be required to have air conditioning. From what I have read, my knowledge is limited in this area, in case of a conflict between federal and state law the federal law must be applied. If this is possible how could I state this? Thank you for any assistance.

Last edited by Charlesdavenpor; 07-17-2017 at 07:39 AM..
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Old 07-17-2017, 07:56 AM
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Quote:
in case of a conflict between federal and state law the federal law must be applied.
I'm not an attorney, but I believe that Federal law can be applied IF they wish to apply it. Look at the states that have legalized pot despite Federal laws against it and the Feds (so far, or rather up until the evil Jeff Sessions became AG) looked the other way.
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Old 07-17-2017, 09:08 AM
Charlesdavenpor Charlesdavenpor is offline
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Default Correction: Re-worded petition

*** Correction: ***
The original petition was NOT written correctly and I have found a suitable petition that was written correctly.
You can sign the petition at this link. HERE.

Last edited by patchouli; 07-17-2017 at 09:12 AM.. Reason: added link
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