New Sheriff Lupe Valdez didn't get much of a honeymoon: A federal civil rights lawsuit filed at the end of December accuses the Dallas County Jail of civil rights violations against the mentally ill, notes David Finn, one of the attorneys in the case. Finn told the Dallas News that mental health care may have gotten worse in the jail after the University of Texas Medical Branch, which also operates Texas' prison healthcare, took over operation of Dallas' medical facilities.
This case is now before the United States Supreme Court, styled Daniel Montes, Jr. vs. Jeffrey P. Ransom, Demarcus F. Black, Willie Faye Washington, David Bonner, as case #07-10. The Supreme Court ordered response briefs to be filed by each and every defendant by October 29th, 2007. Apparently, something in my petition made sense to them. Opposing counsel called me and congratulated me that the Court accepted my case. I told him that we are not done, yet. I have found counsel that is wishing to take my case now, but I told counsel that I can handle it on the briefing and oral argument. I will retain counsel upon remand for the jury trial back in Dallas. This case is about First amendment retaliation, excessive force, denial of medical care, conspiracy to violate civil rights, etc. We have video tape, color photos, eyewitnesses, actual physical injuries, etc. The individual defendants, federal trial court and 5th Circuit court of appeals, decided that I failed to prove my excessive force case of overtight handcuffs over 4 hours with notice given, because I failed to prove that I suffered a more than deminimus physical injury. Hello. Several other federal circuits have established that overtight handcuffs with notice is clearly actionable regardless of injury, but in the 5th Circuit you must suffer a more than deminimus injury before you have a cause of action. It is most apparent that the 5th Circuit IGNORES Supreme Court precedence in Hope v. Pelzer and Graham v. Conner. Anyway since when is $1400 dollars of emergency medical care describe a deminimus injury? That is my position. This case is going to be remanded for jury trial on the merits. Also, this case is about the lack of medical care in the Dallas County jail. The jail has untrained staff making medical judgments, fails to give your prescribed medicine to you, turn off your water to your cell until you are dead, uses excessive force on pretrial detainees with overtight handcuffs and restraining chairs until they are injured, etc. The Mims case was settled, but nothing changed at the jail. I, on behalf of the public demand a change in jail policy to come into conformance with the constitutional rights of pretrial detainees. Don't bother calling the Dallas Chief of Police Kunkle, Dallas County Sheriff Valdez, Dallas County Judge Margaret Keihler, Dallas County District Attorney Craig Watkins or Dolena T. Westergard, City of Dallas Attorney James Pinson or Jason Schuette, US Attorney for the Northern District of Texas, or any of the defendants because they won't answer one question that you may ask them about this case. I on the other hand have nothing to hide and if you have any questions to email or give me a call anytime. Thank you, Daniel Montes, Jr., plaintiff pro se, danielmontesjr@hotmail.com, 214-708-4007.
ReplyDeleteThe federal case was dismissed, but the case was refiled on January 11th, 2008, with the 68th Texas District Court, Judge Martin Hoffman presiding, case #08-00304. These defendants are still not off the hook. To stop police misconduct is to sue them and hold them accountable. Do not depend on internal affairs or the police board. They both cover the city and its employees. The courts is the balance between the citizens and the government and its agents. If you have any questions to call me at 214-708-4007. Thank you, Daniel Montes, Jr.
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