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TABLE OF CONTENTS


Overview

Agency History

Scope and Contents of the Records

Arrangement of the Records

Restrictions

Index Terms

Related Material

Administrative Information

Description of Series

litigation case files, 1975-1978, 1981-1992, bulk 1984-1986,

litigation case files, 1976-1983, 1987-1994, bulk 1980-1983,

litigation case files, 1983-2000, bulk 1994-1996,

Other litigation case files, 1981-1982, 1987, 1990, 1994, 2001, 2012, undated, bulk 1981-1982,

Texas State Library and Archives Commission

Texas Department of Criminal Justice, Office of the General Counsel:

An Inventory of Department of Criminal Justice General Counsel's Office Litigation Case Files at the Texas State Archives, 1975-2001, 2012, undated, bulk 1980-1986, 1994-1996



Overview

Creator: Texas. Dept. of Criminal Justice. Office of the General Counsel.
Title: Department of Criminal Justice General Counsel's Office litigation case files
Dates: 1975-2001, 2012, undated
Dates: bulk 1980-1986, 1994-1996
Abstract: The Texas Department of Criminal Justice (TDCJ) manages offenders in state prisons, state jails and private correctional facilities that contract with TDCJ. These are the correspondence and administrative files of the General Counsel's Office during the periods that TDCJ was involved in litigation. The files document lawsuits filed against TDCJ (formerly known as the Texas Department of Corrections, TDC) or its employees by inmates in the Texas prison system, in addition to lawsuits filed by TDCJ and the state of Texas against third parties. Major cases against TDCJ include Lamar v. Coffield and Guajardo v. Estelle. Lawsuits filed by TDCJ include the case against VitaPro Foods Inc., and the case against Eroy Edward Brown. A separate finding aid exists for the Ruiz litigation case files, which document a 1974 class action suit filed by David Ruiz and others against TDC and director W.J. Estelle. Records present include administrative and legal correspondence; memoranda; internal reports; administrative records; court filings and other documents; administrative directives, board policy documents, transcripts of depositions; VitaPro recipes; copies of news articles and newsletters; press releases; handwritten notes; questionnaires and compilations of answers; administrative remedy forms completed by inmates; inmate disciplinary and incident reports; literature regarding VitaPro; bid documents; blueprints; and marketing strategies. Also present in the VitaPro case files are seven VHS cassette tapes and six audio cassette tapes. Dates covered are 1975-2001, 2012, undated, bulk 1980-1986, 1994-1996.
Quantity: 28.5 cubic ft.
Language: These materials are written predominately in English with scattered Spanish throughout. A small number of materials in French are present in the VitaPro litigation case files.
Repository: Texas State Archives

Agency History

The Texas Department of Criminal Justice (TDCJ) and the Board of Criminal Justice were created in 1989 (House Bill 2335, 71st Texas Legislature, Regular Session). The Department manages offenders in state prisons, state jails and contracted private correctional facilities. It also provides funding and certain oversight of community supervision and is responsible for the supervision of offenders released from prison on parole or mandatory supervision. The nine-member Board of Criminal Justice is appointed by the governor with the advice and consent of the senate to six-year overlapping terms and is charged with overseeing the Department of Criminal Justice.

The origins of TDCJ can be traced back to 1848 when "An Act to Establish a State Penitentiary" was passed by the Second Texas Legislature. Under the new act, the prison system began as a single institution located in Huntsville, known as the Huntsville Penitentiary, as opposed to previous convention when local jails housed convicted felons. In 1871, the legislature directed that the penitentiary be leased to private individuals (Chapter 21, 12th Legislature, 1st Called Session). These men, known as lessees, paid the state for the convict labor and use of facilities, and in turn, managed the system, including clothing and feeding the convicts and paying the guards. It was during this period that the outside camp system was firmly established as part of the prison system. In addition to the use of convicts in and around the prison, the convicts were hired out to large labor employers, mainly plantation owners and railroad companies. A second prison facility, Rusk Penitentiary, was built between 1877 and 1882. It began receiving convicts in January of 1883.

The original act of 1848 also established a governing body of the penitentiary as a three-member Board of Directors, appointed by the governor, with the approval of the senate. The board was responsible for creating and distributing a set of rules and bylaws for the administration of the penitentiary, overseeing the treatment of convicts, preparing an annual inventory of property, and making an annual report to the governor. In 1881, the legislature reorganized the prison system, abolishing the Board of Directors, and creating in its place a Penitentiary Board, consisting of the governor, the state treasurer, and the prison superintendent (Chapter 49, 17th Legislature, Regular Session). In April 1883, the administrative system was again reorganized, with the board comprised of the governor and two commissioners appointed by the governor (Chapter 114, 18th Legislature, Regular Session). In 1885, the board composition changed once more, now consisting of three commissioners appointed by the governor (House Bill 562, 19th Legislature, Regular Session). This board was succeeded by the Board of Prison Commissioners in 1910, which was composed of three commissioners appointed by the governor (Senate Bill 10, 31st Legislature, 4th Called Session).

The legislation that created the new board also directed the prison system to begin operating again on state account, i.e. lessees no longer managed the prison system, effective in January 1911. Convicts, or inmates, were housed and worked in one of the two prisons or on one of several state prison farms. The shop industries slowed down while the prison farms expanded. This arrangement made it more difficult to provide education and other reform measures. Such measures were generally practiced at Huntsville, with some teaching extended to a couple of prison farms by the early 1900s.

The Texas Prison Board replaced the Board of Prison Commissioners as the governing body for the Texas Prison System in 1927, increasing in size to nine members (House Bill 59, 40th Legislature, Regular Session). The members of the board were appointed by the governor, with senate approval, to six-year overlapping terms. The board formulated the policies and the manager carried them out. During the board's tenure, 1927-1957, it made changes in the system including an added emphasis on prison reform, teaching, recreation (including the establishment of the Texas Prison Rodeo), and a new method of classifying inmates.

The Texas Prison System became the Department of Corrections in 1957 (Senate Bill 42, 55th Legislature, Regular Session). This department was governed by the Board of Corrections, composed of nine members appointed by the governor with the advice and consent of the senate to six-year overlapping terms. In 1989, the department became the Institutional Division of the Department of Criminal Justice. In September 2003, the Correctional Institutions Division (CID) was created through a merger of the Institutional Division, Operations Division, Private Facilities Division, and the State Jail Division. The CID is responsible for the confinement of adult felony and state jail felony offenders who are sentenced to incarceration in a secure facility. The CID is divided into three areas: Prison and Jail Operations, Management Operations, and Support Operations. It encompasses 95 state-operated prisons and jails, which include 50 state prison facilities, four pre-release facilities, three psychiatric facilities, one intellectual disabilities facility, two medical facilities, 14 transfer facilities, 15 state jail facilities, one geriatric facility, and five substance abuse felony punishment facilities. The CID is also responsible for support operations such as Classification and Records, Fusion Center, Correctional Training and Staff Development (CTSD), Counsel Substitute, Laundry, Food, and Supply, Mail Systems Coordinators Panel, Offender Transportation, Office for Disciplinary Coordination, Plans and Operations, Safe Prisons Program Management Office, and Security Threat Group Management Office. Effective June 15, 2007, the Private Facilities Division was separated from the CID to commence as its own division, Private Facility Contract Monitoring/Oversight Division. As of August 31, 2012, there were 152, 303 offenders housed in TDCJ units.

The other divisions of the Department of Criminal Justice are the Parole Division (including the Board of Pardons and Paroles), the Community Justice Assistance Division (former Adult Probation Commission), the Correctional Institutions Division, the Executive Division, Internal Affairs, Programs and Services, Victims Services, Office of the General Counsel, Financial Services, Health Services, Internal Audit, and State Counsel for Offenders. Direct management of the prison system is through an executive director, with each division headed by a director and each individual prison unit managed by a warden.

(Sources include: "Agency Strategic Plan: Fiscal Years 2013-2017," Texas Department of Criminal Justice website (http://www.tdcj.state.tx.us/mediasvc/documents/finance/Agency_Strategic_Plan_FY2013-17.pdf), accessed on January 13, 2014; and "Fiscal Year 2012 Statistical Report," Texas Department of Criminal Justice website (http://www.tdcj.state.tx.us/mediasvc/documents/Statistical_Report_FY2012.pdf), accessed on January 13, 2014.)

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Scope and Contents of the Records

The Texas Department of Criminal Justice (TDCJ) manages offenders in state prisons, state jails and private correctional facilities that contract with TDCJ. These are the correspondence and administrative files of the General Counsel's Office during the periods that TDCJ was involved in litigation. The files document lawsuits filed against TDCJ (formerly known as the Texas Department of Corrections, TDC) or its employees by inmates in the Texas prison system, in addition to lawsuits filed by TDCJ and the state of Texas against third parties. Major cases against TDCJ include Lamar v. Coffield and Guajardo v. Estelle. Other cases include Encalade v. Livingston; Sillings v. Bell; Freeman v. TDCJ; Gomez v. Waldron; Alberti v. Sheriff of Harris County v. William P. Clements; and Coble v. Texas Department of Corrections. Lawsuits filed by TDCJ include the case against VitaPro Foods Inc., a private Canadian company that produces and markets a soy-based meat substitute under the trade name VitaPro, and the case against Eroy Edward Brown, an African American inmate charged with the murders of the warden of the Ellis prison unit as well as the prison farm manager. Dates covered are 1975-2001, 2012, undated, bulk 1980-1986, 1994-1996.

Records present include administrative and legal correspondence; memoranda; internal reports; administrative records (plans, procedures, statistics, manuals, rules and regulations, invoices, purchase orders etc.); court filings and other documents; administrative directives, board policy documents, transcripts of depositions; VitaPro recipes; copies of news articles; press releases; handwritten notes; excerpts from the Supreme Court Reporter, Federal Supplement, Federal Reporter, and The Echo; questionnaires and compilations of answers; administrative remedy forms completed by inmates; inmate disciplinary and incident reports; literature regarding VitaPro; bid documents; blueprints; and marketing strategies. Texas Department of Corrections directors represented in these records include W.J. "Jim" Estelle, Orson K. "Lane" McCotter and James A. "Jim" Lynaugh, who also served as executive director once the agency became TDCJ. Other key TDCJ staff members include executive directors James A. "Andy" Collins, Wayne Scott, Carl Reynolds, and Brad Livingston, in addition to Texas Board of Criminal Justice chairmans H.H. Coffield, Oliver Bell, and Allan Polunsky. Topics discussed include prison administration, management of prisons, civil rights and legal status of prisoners, discipline, rules and regulations, incident reports, meal plans and others.

Also present in the VitaPro case files are seven VHS cassette tapes containing depositions by Yank Barry, President and CEO of VitaPro Foods Inc., Glen Castlebury, Director of Public Information, TDCJ, and Artis B. Mosley, executive assistant to TDCJ executive director, as well as one titled "Lab test results on VitaPro, chapter 8, WFAA TV (ABC)"; and six audio cassette tapes titled "TBCJ audio tapes, construction".

Correspondents include staff members of TDCJ, General Counsel's Office, inmates and their families, attorneys, state senators, and community organizations. Internal memos are present between staff of the General Counsel's Office, the executive director's office, and other sections of the Texas Department of Criminal Justice.

The described materials were reviewed to confirm (and in a few cases supply) folder titles and dates. A few of the files include photocopies of original documents. The quality of the photocopies and legibility of text varies.

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Arrangement of the Records

The records arrived at the State Archives in no apparent order. Most of the files within the boxes have been maintained as received from the agency and are generally not in chronological order. In most instances, file names have been directly noted from the originals. However in some cases, files were not originally assigned descriptive names. On those occasions, the records were reviewed by an archivist and a label was assigned based on implied intellectual grouping. Some minor rearrangement was done by staff to correct obvious misfiles.
A small number of the files consisted of materials pertaining to the Ruiz litigation case. Those files were removed and placed with the Texas Department of Criminal Justice General Counsel's Office Ruiz litigation case files. The finding aid for this collection can be viewed by clicking on the link. In addition, several inches of other litigation case files were found mixed in with the Ruiz litigation case files. These were removed and added to this collection.
Three litigation case files in particular are well documented in this collection. These include the VitaPro, Lamar and Guajardo cases. Each of these cases consists of its own series, while the less-documented cases have been compiled together into a series of their own.
Accordingly, the records are arranged in four series:
  • Lamar v. Coffield litigation case files, 1975-1978, 1981-1992, bulk 1984-1986, 5 cubic ft.
  • Guajardo v. Estelle litigation case files, 1976-1983, 1987-1994, bulk 1980-1983, 4 cubic ft.
  • State of Texas v. VitaPro Foods Inc. litigation case files, 1983-2000, bulk 1994-1996, 19 cubic ft.
  • Other litigation case files, 1981-1982, 1987, 1990, 1994, 2001, 2012, undated, bulk 1981-1982, 0.5 cubic ft.

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Restrictions

Restrictions on Access

Because of the possibility that portions of these records fall under Public Information Act exceptions including, but not limited to: social security numbers (V.T.C.A., Government Code, Section 552.117 for government employees, 552.147 for any living person); medical information (V.T.C.A., Government Code, Section 552.101 (information confidential by law, Texas Occupations Code, Section 159.002(b)); information about inmates created by the Texas Department of Criminal Justice (V.T.C.A., Government Code, Section 552.134 (information confidential by law, Texas Government Code, Section 508.313)); attorney-client privilege, agency memoranda or attorney work product (V.T.C.A., Government Code, Section 552.107 or 111); and account numbers, access device numbers (V.T.C.A., Government Code, Section 552.136); an archivist must review these records before they can be accessed for research. The records may be requested for research under the provisions of the Public Information Act (V.T.C.A., Government Code, Chapter 552). The researcher may request an interview with an archivist or submit a request by mail (Texas State Library and Archives Commission, P. O. Box 12927, Austin, TX 78711), fax (512-463-5436), email (Dir_Lib@tsl.texas.gov), or see our web page (http://www.tsl.texas.gov/agency/customer/pia.html). Include enough description and detail about the information requested to enable the archivist to accurately identify and locate the information. If our review reveals information that may be excepted by the Public Information Act, we are obligated to seek an open records decision from the Attorney General on whether the records can be released. The Public Information Act allows the Archives ten working days after receiving a request to make this determination. The Attorney General has 45 working days to render a decision. Alternately, the Archives can inform you of the nature of the potentially excepted information and if you agree, that information can be redacted or removed and you can access the remainder of the records.

All of the litigation case files are restricted and must be reviewed by an archivist before they can be accessed for research. Most of the possible exceptions are not noted in the folder inventory because they apply to the majority of the folders; only exceptions that are less obvious are so marked.

Materials do not circulate, but may be used in the State Archives search room. Materials will be retrieved from and returned to storage areas by staff members.

Restrictions on Use

Most records created by Texas state agencies are not copyrighted. State records also include materials received by, not created by, state agencies. Copyright remains with the creator. The researcher is responsible for complying with U.S. Copyright Law (Title 17 U.S.C.).

Technical Requirements

Please contact the Archives' Preservation Officer for appropriate hardware / software to view contents of the VHS video cassette tapes or listen to the audio tapes.

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Index Terms

The terms listed here were used to catalog the records. The terms can be used to find similar or related records.
Personal Names:
Lamar, Allen
Guajardo, Guadalupe
Collins, James A. (James Anthum)
Brown, Eroy
Barry, Yank
Coble, K.K.
McCotter, Orson Lane
Lynaugh, James A.
Riley, James E.
Scott, Wayne, MA, LCSW
Estelle, W.J.
Coffield, H.H.
Polunsky, Allan
Reynolds, Carl
Bell, Oliver
Livingston, Brad
Corporate Names:
Texas. Dept. of Corrections.
Vitapro Foods Inc.
Subjects:
Prison administration--Texas.
Prisons--Law and legislation--Texas.
Prisons--Race relations--Texas.
Investigations.
Prisoners--Civil rights--Texas.
Prisoners--Correspondence--Texas.
Prisoners--Human rights--Texas.
Prisoners--Legal status, laws, etc.
Prisons--Social conditions--Texas.
Prisoners--Education--Texas.
Prison violence--Texas.
Prisoners--Discipline--Texas.
Prisoners--Recreation--Texas.
Document Types:
Correspondence--Texas--Prisons--1975-2012.
Memoranda--Texas--Prisons--1975-2012.
Regulations--Texas--Prisons--1975-2012.
Manuals--Texas--Prisons--1975-2012.
Reports--Texas--Prisons--1975-2012.
Rules (instructions)--Texas--Prisons--1975-2012.
Training manuals--Texas--Prisons--1975-2012.
Court records--Texas--Prisons--1975-2012.
Functions:
Management of prisons.

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Related Material

The following materials are offered as possible sources of further information on the agencies and subjects covered by the records. The listing is not exhaustive.

Texas State Archives
Texas Attorney-General's Office, Litigation files, 1880-about 1986, 2002-2004, (bulk 1913-about 1986, 2002-2004), approximately 3174 cubic ft. See litigation file #71-143, Guadalupe Guajardo, Jr. v. Beto, U.S. Court of Appeals, 5th Circuit. [RESTRICTED] [Note: No finding aid exists for these records. Call number is Box 1992/117-38. File requires review for information excepted from disclosure under the Texas Public Information Act.]
Texas Attorney-General's Office, Litigation files, 1880-about 1986, 2002-2004, (bulk 1913-about 1986, 2002-2004), approximately 3174 cubic ft. See litigation file #72-1712, Beto v. Guadalupe Guajardo, U.S. Court of Appeals, 5th Circuit. [RESTRICTED] [Note: No finding aid exists for these records. Call number is Box 1992/117-305. File requires review for information excepted from disclosure under the Texas Public Information Act.]
Texas Department of Criminal Justice, Board of Criminal Justice minutes and meeting files, 1881-1885, 1900-2012, 26.63 cubic ft. [RESTRICTED]
Texas Department of Criminal Justice executive director administrative correspondence and subject files, 1951, 1964, 1983-2001, bulk 1996-2001, 7 cubic ft.
Texas Department of Criminal Justice, General Counsel's Office Ruiz litigation case files, 1964, 1971-2002, undated (bulk 1981-1992, 1996-1999), 129.5 cubic ft. [RESTRICTED]
Texas Department of Criminal Justice, Ruiz litigation administrative files and court records, 1966, 1978-1987, undated (bulk 1981-1983), 2.12 cubic ft. [RESTRICTED]
Texas Governor Mark White Records, 1947, 1962-1987, undated, (bulk 1983-1986), 424.75 cubic ft. [Note: Refer to Governor's office files, 1982-1986, 1 cubic ft.]
Texas Legislature, Joint Committee on Prison Reform, Records, 1973-1974, 2 linear ft. [RESTRICTED]
Texas Legislature, Senate, Committee on Criminal Justice, Records, 1981-1992 (bulk 1988-1990), 9.6 cubic ft. [RESTRICTED]
Texas Legislature, Senate, Subcommittee on Criminal Matters, Minutes, 1977, fractional [RESTRICTED]
Texas Attorney General's Office
Litigation case files
Texas Department of Criminal Justice, Huntsville
Litigation files [contact the Office of the General Counsel]
University of Texas at Austin, Briscoe Center for American History
Office of the Special Master, Ruiz case Office of Special Master records, 1979-1992, 222 cubic ft.
Ann W. Richards Papers, 1933-2000, ca. 1500 ft.
Texas A & M University, Cushing Memorial Library and Archives
W.J. Estelle Papers, 1927-1984, 14 linear ft.
Texas Governor William P. Clements, Jr., General Counsel's Office files, 1979-1983, 42 feet
George W. Bush Presidential Library, Dallas
Governor George W. Bush records, 1854-2001, undated, bulk 1995-2000, 1962.69 cubic ft., 21 videocassettes, 60 audiocassettes, 360 photographs, 153 maps, 2 oversize rolled items

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Administrative Information

Preferred Citation

(Identify the item and cite the series), Texas Department of Criminal Justice General Counsel's Office litigation case files. Archives and Information Services Division, Texas State Library and Archives Commission.

Accession Information

Accession numbers: 2004/016, 2007/107

These records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Texas Department of Criminal Justice on September 16, 2003; and March 6, 2007.

Processing Information

Processed by Laura K. Saegert, September 2003, December 2008

Additional processing and finding aid by Aditi Worcester, January 2014

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Detailed Description of the Records

 

Lamar v. Coffield litigation case files, 1975-1978, 1981-1992, bulk 1984-1986,
5 cubic ft.

This series documents the progress of the class action suit, Allen L. Lamar et al. v. H.H. Coffield et al., filed by inmates of the Texas Department of Criminal Justice (formerly known as the Texas Department of Corrections, TDC) against the agency in 1972 alleging race discrimination and unfair segregation practices. A number of pleadings were filed by Lamar, et al., each naming the director of the prison as the first defendant, thus the style changes from Lamar v. Coffield (the director at the time of the original suit) to, for instance, Lamar v. Lynaugh, changing when the director of the prison system changed. The records date 1975-1978, 1981-1992, bulk 1984-1986.
Materials found within these files include court filings, copies of incoming and outgoing legal and administrative correspondence, drafts and final versions of reports, internal policies and plans, including TDC's in-cell integration plan and affirmative action plan, administrative directives, overview of TDC and case-related history, practices and court requirements, employment data, agency statistics, excerpts from the Supreme Court Reporter and Federal Supplement, survey questions submitted to the Department of Corrections in other U.S. states and a compilation of their responses, materials drawing comparisons with similar legal cases in other states, oral depositions, and handwritten notes. Bulk of the material consists of court filings, including copies of the defendants' monthly reports, versions of the TDC affirmative action plan, and housing reports incorporating the Ruiz classification plan. Correspondents include the attorney general and assistant attorney generals of Texas; executive directors, general counsel and other staff members of TDC; staff members of the Department of Corrections in other states; prison wardens; inmates; and the court-appointed expert for the U.S. Department of Justice.
Lamar Case History
On October 17, 1972, two inmates of the Texas Department of Corrections (TDC) filed a lawsuit in the U.S. District Court for the Southern District of Texas alleging race discrimination and unfair segregation practices. On November 6, 1972, eight Spanish-speaking inmates moved to intervene, and the district court granted their request on January 6, 1973. The United States attorney general certified the case to be of general public importance and the United States' motion to intervene was granted on July 6, 1973. Thereafter, eight other inmates' requests to intervene were granted.
The court certified the case as a class action, consisting of all past, present, and future inmates of TDC. The plaintiffs alleged racial or ethnic discrimination, particularly in assignment to various prison units, living quarters, work squads; in disciplinary procedures; in selection for educational programs; in providing medical care, protection from harm in the prison units, recreational facilities, dining, showering, and other group activities; and in the use of racial and ethnic slurs by the staff. The United States, as intervenor, sought to enjoin TDC from assigning inmates to cells based on race, color, religion, or national origin; from segregating the prison facilities; from failing to implement a standard of prisoner classification not related to race; and from failing to correct and erase the effects of past discriminatory practices.
The parties entered into a consent decree, which the court approved on April 12, 1977. The decree stated that TDC should implement an affirmative action plan, designed to prevent the use of ethnicity and race for inmate housing assignments, job assignments, discipline, education, medical care, and recreational activities. Additionally, TDC was to take measures to assure that its staff did not use racial epithets and did not punish inmates for speaking Spanish.
Over the years, a series of hearings were held about compliance and modification. The court discontinued the state's duty to make routine reports of in-cell integration. In 1996, inmates who did not wish to share cells with inmates of another race sought to intervene in the case and modify the decree. The United States District Court for the Southern District of Texas declined to allow these plaintiffs to intervene.
(Sources include: Lamar v. Coffield case summary, the Civil Rights Litigation Clearinghouse website (http://www.clearinghouse.net/detail.php?id=959), accessed on January 10, 2014; and the records themselves.)
Arrangement
The records arrived at the State Archives in no apparent order. Most of the files within the boxes have been maintained as received from the agency and are not in chronological order. In most instances, file names have been directly noted from the originals. However in some cases, files were not originally assigned descriptive names. On those occasions, the records were reviewed by an archivist and a label was assigned based on implied intellectual grouping. Some minor rearrangement was done by staff to correct obvious misfiles.
Preferred Citation
(Identify the item), Lamar v. Coffield litigation case files, Texas Department of Criminal Justice General Counsel's Office litigation case files. Archives and Information Services Division, Texas State Library and Archives Commission.
Accession Information
Accession number: 2004/016
These records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Texas Department of Criminal Justice on September 16, 2003.
Restrictions on Access
Because of the possibility that portions of these records fall under Public Information Act exceptions including, but not limited to: social security numbers (V.T.C.A., Government Code, Section 552.117 for government employees, 552.147 for any living person); information about inmates created by the Texas Department of Criminal Justice (V.T.C.A., Government Code, Section 552.134 (information confidential by law, Texas Government Code, Section 508.313)); attorney-client privilege, agency memoranda or attorney work product (V.T.C.A., Government Code, Section 552.107 or 111); and account numbers, access device numbers (V.T.C.A., Government Code, Section 552.136); an archivist must review these records before they can be accessed for research. The records may be requested for research under the provisions of the Public Information Act (V.T.C.A., Government Code, Chapter 552). The researcher may request an interview with an archivist or submit a request by mail (Texas State Library and Archives Commission, P. O. Box 12927, Austin, TX 78711), fax (512-463-5436), email (Dir_Lib@tsl.texas.gov), or see our web page (http://www.tsl.texas.gov/agency/customer/pia.html). Include enough description and detail about the information requested to enable the archivist to accurately identify and locate the information. If our review reveals information that may be excepted by the Public Information Act, we are obligated to seek an open records decision from the Attorney General on whether the records can be released. The Public Information Act allows the Archives ten working days after receiving a request to make this determination. The Attorney General has 45 working days to render a decision. Alternately, the Archives can inform you of the nature of the potentially excepted information and if you agree, that information can be redacted or removed and you can access the remainder of the records.
All of the litigation case files are restricted and must be reviewed by an archivist before they can be accessed for research. Most of the possible exceptions are not noted in the folder inventory because they apply to the majority of the folders; only exceptions that are less obvious are so marked.
Materials do not circulate, but may be used in the State Archives search room. Materials will be retrieved from and returned to storage areas by staff members.
Restrictions on Use
Most records created by Texas state agencies are not copyrighted. State records also include materials received by, not created by, state agencies. Copyright remains with the creator. The researcher is responsible for complying with U.S. Copyright Law (Title 17 U.S.C.).
Technical Requirements
None.
Processing information
Processed by Laura K. Saegert, September 2003, December 2008
Additional processing and finding aid by Aditi Worcester, January 2014
Box
2004/016-118 Lamar v. Lynaugh: Plan for in-cell integration, rough draft, 1988
Lamar v. Coffield: Stipulation and order regarding implementation of rational objective criteria for assignment of inmate housing and jobs, 1987
Lamar v. McCotter: Defendants' brief in support of motion to modify, 1985-1987
[Note: Contains possibly excepted information: attorney-client privilege]
Lamar v. Coffield: Stipulation and court order modifying court's order of March 5, 1984
Lamar case, 1983-1984, 1987, 1991
[2 folders]
[Folders include court filings, TDCJ administrative directives regarding inmate housing, job assignment criteria and procedures in accordance with court-related requirements as established in Ruiz and Lamar, administrative and legal correspondence, inmate housing assignments reflecting percent of non-compliance, and a summary of the affirmative action plan at TDC.]
Lamar v. Lynaugh: Guthrie case comparison, 1981, 1988, 1992
[Folder includes materials relating to the Guthrie v. Evans litigation case about the integration of housing units at Georgia State Prison.]
Enomoto report on Lamar, 1986-1988
[Note: Contains possibly excepted information: attorney-client privilege]
[Folder includes a copy of the report and objective criteria submitted by Jerry Enomoto, expert for the U.S. Department of Justice, in addition to copies of court filings, and administrative and legal correspondence.]
Preliminary analysis of interracial incidents between two or more TDC inmates which resulted in major punishments, 1989
Lamar affirmative action plan, 1975-1978, 1983-1986, 1991
[3 folders]
[Folders include court filings, copies of the TDC affirmative action plan, revised in 1975 and 1978, historical data on the Lamar and Guajardo cases, lists from the TDC inmate job management system, and a copy of the 63-month progress report of the TDC affirmative action plan.]
Lamar v. Coffield: First supplement to defendants' 21st monthly report, 1985-1986
Lamar v. Coffield: First supplement to defendants' eighth monthly report, 1985
Lamar v. Coffield: Defendants' first monthly report, 1984
Lamar v. Coffield: Supplement to defendants' second monthly report, 1984
Lamar v. McCotter: Executive summary, 1986
Lamar v. Lynaugh: History and overview, 1991-1992
[Folder includes a copy of an article titled The murder conspiracy of prison officials: Forced cell-integration of white, black and brown militant prisoners of TDC, Michael Unit; court filings; a historical overview of in-cell integration; an overview of Lamar requirements as of 1989; and TDC administrative directives pertaining to inmate housing and job assignment criteria and procedures.]
Lamar v. Lynaugh: In-cell integration, 1988, 1990-1992
[5 folders]
[Note: Contains possibly excepted information: attorney-client privilege]
[Folders include administrative and legal correspondence, court filings, employment data of medical personnel at TDC, drafts of the TDCJ in-cell integration plan, a copy of the in-cell integration report filed in court, handwritten notes, and excerpts from the Supreme Court Reporter and Federal Supplement.]
Box
2004/016-119 Lamar v. Coffield: Defendants' 24th monthly report, 1984
Lamar v. Coffield: First supplement to defendants' 22nd monthly report, 1986
Lamar v. Coffield: Defendants' 23rd monthly report, 1986
Lamar v. Coffield: Defendants' 22nd monthly report, 1986
Lamar v. Coffield: Defendants' sixth monthly report, first supplement, 1985
Lamar v. Coffield: Defendants' partial sixth monthly report, 1985
Housing report incorporating Ruiz classification plan at 100% quota without exemptions, females only, 1986
Housing report incorporating Ruiz classification plan at 100% quota without exemptions, males only, 1986
Plan for in-cell integration, 1988
TDC affirmative action plan, 1977
Lamar v. Coffield: Defendants' third monthly report, 1984
Lamar v. Coffield: Defendants' fourth monthly report, 1984
Lamar v. Coffield: Defendants' first supplement to the ninth monthly report, 1985
Lamar v. Coffield: Defendants' first supplement to the seventh monthly report, 1985
Lamar v. Coffield: Defendants' partial seventh monthly report, 1985
Lamar v. Coffield: Defendants' first supplement to the 10th monthly report, 1985
Lamar v. Coffield: Defendants' 11th monthly report, 1985
Lamar v. Coffield: Defendants' 13th monthly report, 1985
Housing report incorporating Ruiz classification plan at 70% quota without exemptions, females only, 1986
Affirmative action plan: Housing and job assignment report without exemptions, males only, 1986
Box
2004/016-120 Lamar v. Coffield: First supplement to defendants' 12th monthly report, 1985
Lamar v. Coffield: Defendants' 12th monthly report, 1985
Lamar v. Coffield: First supplement to defendants' 13th monthly report, 1985
Lamar v. Coffield: Defendants' 14th monthly report, 1985
Lamar v. Coffield: Defendants' 15th monthly report, 1985
Lamar v. Coffield: Defendants' 20th monthly report, 1986
Lamar v. Coffield: Defendants' 21st monthly report, 1986
Lamar v. Coffield: First supplement to defendants' 20th monthly report, 1985
Affirmative action plan: Housing and job assignment report without exemptions, males and females combined, 1986
Lamar v. Coffield: Defendants' 10th monthly report, 1985
Inmate jobs and descriptions requiring specialized skills, 1986
Housing report incorporating Ruiz classification plan at 70% quota without exemptions, males only, 1986
Housing report incorporating Ruiz classification plan at 70% quota without exemptions, males and females combined, 1986
Affirmative action plan: Housing and job assignment report without exemptions, females only, 1986
Housing report incorporating Ruiz classification plan at 100% quota without exemptions, males and females combined, 1986
Box
2004/016-121 Lamar v. McCotter, 1975, 1984-1986, 1991
[4 folders]
[Folders include biographical sketches and employment backgrounds for key TDCJ staff members as well as for Jerry J. Enomoto, expert for the U.S. Department of Justice; administrative and legal correspondence; court filings; supplemental responses to the third set of interrogatories and requests for production of documents; handwritten notes; and level of compliance statistics.]
Lamar in-cell integration evaluation, 1988
Lamar v. Coffield: Defendants' second monthly report, 1984
Affirmative action plan, 1978
[Folder includes copies of TDC affirmative action plan, consent decree, agreed judgment, affirmative action plan personnel, and a court order from March 9, 1978.]
Lamar litigation file, 1987-1991
[3 folders]
[Folders include court filings, administrative and legal correspondence, drafts of the plan for in-cell integration, and affidavits.]
Oral deposition of Raymond Keith Procunier, 1984
Box
2004/016-122 Lamar v. Coffield: Defendants' ninth monthly report, 1985
Lamar v. Coffield: Defendants' partial eighth monthly report, 1985
Lamar v. Coffield: Defendants' 25th monthly report, 1986
Lamar v. Coffield: First supplement to defendants' 23rd monthly report, 1986
Lamar v. Coffield: First supplement to defendants' 25th monthly report, 1986
Affirmative action plan and equal employment opportunity plan for the Texas Department of Corrections, 1981
Lamar v. Coffield: First supplement to defendants' 24th monthly report, 1986
Lamar v. Coffield: First supplement to defendants' fifth monthly report, 1984
Lamar v. Coffield: Defendants' partial fifth monthly report, 1984
Affirmative action plan 63-month progress report, 1983-1984
Affirmative action plan, 1977
Oral deposition of Terry W. Wunderlich, April 24, 1984
[2 folders]
Lamar file, 1977
[4 folders]
[Folder includes court filings; administrative directives; agency statistics; inter-office communications; materials regarding criteria and justifications for job assignment and in-cell integration; a job-assignment compliance questionnaire and compiled answers; a physically handicapped offender plan; and handwritten notes.]

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Guajardo v. Estelle litigation case files, 1976-1983, 1987-1994, bulk 1980-1983,
4 cubic ft.

This series documents the progress of the class action suit, Guadalupe Guajardo Jr. et al. v. W.J. Estelle Jr. et al., filed by inmates of the Texas Department of Criminal Justice (formerly known as the Texas Department of Corrections, TDC) against the agency in 1971 to challenge the constitutionality of a number of rules and practices related to inmate correspondence and mail. A number of pleadings were filed by Guadalupe Guajardo, et al., each naming the director of the prison as the first defendant, thus the style changes from Guajardo v. Estelle (the director at the time of the original suit) to, for instance, Guajardo v. Collins, changing when the director of the prison system changed. The records date 1976-1983, 1987-1994, bulk 1980-1983.
Materials found within these files include court filings in English and Spanish, legal and administrative correspondence, a copy of the special insert to The Echo, a TDCJ newspaper for inmates, dated February 1983, that contained a notice and correspondence rules, parole and staff member addresses, survey questions regarding correspondence and publications allowed to inmates in punitive segregation sent to the Departments of Correction of other U.S. states and their compiled responses, materials drawing comparisons with similar cases in different states, copies of reports and inter-office communications by TDC staff relating to visitations by the court-appointed special master, monitors or investigators, copies of requests for administrative remedy filed by inmates, inmate personal property receipts, inmate disciplinary and offense reports, disciplinary committee findings, violation notices, correspondence between inmates and TDC prison unit staff members, a copy of the final judgment in the Ruiz case, excerpts from the Federal Supplement and Federal Reporter, copies of newsletters, TDC employee turnover by selected classifications and class series, a TDC administrative bulletin regarding single-celling of assaultive / vulnerable inmates, and handwritten notes. Bulk of the material consists of court filings and administrative and legal correspondence. Correspondents include the attorney general and assistant attorney generals of Texas, executive directors, general counsel and other staff members of TDC, staff members of the Department of Corrections in other states, prison wardens, inmates, and the court-appointed special master, monitors or investigators.
Guajardo Case History
On May 21, 1971, Guadalupe Guajardo, Jr., an inmate, filed a class action suit on behalf of all TDC inmates to challenge the constitutionality of TDC rules and practices related to inmate correspondence and mail.
The U.S. District Court for the Southern District of Texas found a number of the rules unconstitutional, and ordered injunctive relief. On appeal, the U.S. Court of Appeals for the Fifth Circuit reversed and remanded, on grounds that the state-wide TDC rules and regulations could only be enjoined by a three-judge court. The parties then began lengthy settlement negotiations, which were preliminarily approved by the district court on June 9, 1976. The plaintiffs, however, determined that even the new rules in the agreement did not meet constitutional requirements and moved to vacate the settlement. The district court severed the issues still in dispute for trial, and conditionally approved the rules as further modified. At trial, the district court again found several of the rules unconstitutional. TDC appealed, and the Court of Appeals for the Fifth Circuit held that no three-judge court or jury trial were required.
In the category of general correspondence, the court ruled that requiring an inmate to receive prior approval from TDC before corresponding by mail with an individual not in prison is unconstitutional; numerical restrictions on outgoing and incoming mail is unconstitutional; censorship of mail that violates prison rules or involves a graphic presentation of sexual behavior that violated the law is constitutional; and censorship in the form of delaying the delivery of "disturbing" mail to the inmate until a chaplain or psychologist could review it is unconstitutional.
In the category of mail to attorneys, courts, or government agencies, the court ruled that it is unconstitutional for a prison official to open outgoing mail; and incoming mail may be inspected, but only for contraband and in the presence of the prisoner.
(Sources include: Guajardo v. Estelle case summary, the Civil Rights Litigation Clearinghouse website (http://www.clearinghouse.net/detail.php?id=964), accessed on January 10, 2014; and the records themselves.)
Arrangement
The records arrived at the State Archives in no apparent order. Most of the files within the boxes have been maintained as received from the agency and are not in chronological order. In most instances, file names have been directly noted from the originals. However in some cases, files were not originally assigned descriptive names. On those occasions, the records were reviewed by an archivist and a label was assigned based on implied intellectual grouping. Some minor rearrangement was done by staff to correct obvious misfiles.
Preferred Citation
(Identify the item), Guajardo v. Estelle litigation case files, Texas Department of Criminal Justice General Counsel's Office litigation case files. Archives and Information Services Division, Texas State Library and Archives Commission.
Accession Information
Accession number: 2004/016
These records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Texas Department of Criminal Justice on September 16, 2003.
Restrictions on Access
Because of the possibility that portions of these records fall under Public Information Act exceptions including, but not limited to: social security numbers (V.T.C.A., Government Code, Section 552.117 for government employees, 552.147 for any living person); medical information (V.T.C.A., Government Code, Section 552.101 (information confidential by law, Texas Occupations Code, Section 159.002(b)); information about inmates created by the Texas Department of Criminal Justice (V.T.C.A., Government Code, Section 552.134 (information confidential by law, Texas Government Code, Section 508.313)); attorney-client privilege, agency memoranda or attorney work product (V.T.C.A., Government Code, Section 552.107 or 111); and account numbers, access device numbers (V.T.C.A., Government Code, Section 552.136); an archivist must review these records before they can be accessed for research. The records may be requested for research under the provisions of the Public Information Act (V.T.C.A., Government Code, Chapter 552). The researcher may request an interview with an archivist or submit a request by mail (Texas State Library and Archives Commission, P. O. Box 12927, Austin, TX 78711), fax (512-463-5436), email (Dir_Lib@tsl.texas.gov), or see our web page (http://www.tsl.texas.gov/agency/customer/pia.html). Include enough description and detail about the information requested to enable the archivist to accurately identify and locate the information. If our review reveals information that may be excepted by the Public Information Act, we are obligated to seek an open records decision from the Attorney General on whether the records can be released. The Public Information Act allows the Archives ten working days after receiving a request to make this determination. The Attorney General has 45 working days to render a decision. Alternately, the Archives can inform you of the nature of the potentially excepted information and if you agree, that information can be redacted or removed and you can access the remainder of the records.
All of the litigation case files are restricted and must be reviewed by an archivist before they can be accessed for research. Most of the possible exceptions are not noted in the folder inventory because they apply to the majority of the folders; only exceptions that are less obvious are so marked.
Materials do not circulate, but may be used in the State Archives search room. Materials will be retrieved from and returned to storage areas by staff members.
Restrictions on Use
Most records created by Texas state agencies are not copyrighted. State records also include materials received by, not created by, state agencies. Copyright remains with the creator. The researcher is responsible for complying with U.S. Copyright Law (Title 17 U.S.C.).
Technical Requirements
None.
Processing Information
Processed by Laura K. Saegert, September 2003, December 2008
Additional processing and finding aid by Aditi Worcester, January 2014
Box
2004/016-123 Guajardo v. Estelle: Notice and correspondence rules, 1976-1983
[5 folders]
[Folders include court filings in English and Spanish; administrative correspondence; a copy of the special insert to The Echo, containing notice and correspondence rules, dated February 1983; names and addresses of individuals / groups corresponding with the consultant; parole addresses; survey questions regarding correspondence allowed to inmates in punitive segregation and publications containing materials deemed as dangerous to security sent to the Department of Corrections of other U.S. states and their compiled responses; copies of court filings in the case of Stewart v. Rhodes; a case in Ohio where inmates alleged violations of their First Amendment rights by the Department of Corrections' refusal to subscribe to specific publications; and handwritten notes.]
Court monitor's visit, 1981-1982
[2 folders]
[Note: Contains possibly excepted information: information relating to TDCJ inmates.]
[Folders include copies of reports and inter-office communications by TDC staff relating to visitations by the court-appointed special master; monitors or investigators; copies of requests for administrative remedy filed by inmates; inmate personal property receipts; inmate disciplinary reports; and handwritten notes.]
Notary record of court filings, 1981
Copies requested by special master's monitor, 1981
Reports on inmates, 1980-1982
[3 folders]
[Note: Contains possibly excepted information: attorney-client privilege, information relating to TDCJ inmates.]
[Folders include inmate disciplinary and offense reports; disciplinary committee findings; violation notices; requests for administrative remedy and director appeal by inmates; correspondence between inmates and TDC prison unit staff members; and administrative correspondence regarding visitations by the court-appointed special master, monitor or investigators.]
Ruiz final judgment, 1992
Guajardo v. Collins: Court filings, 1987-1994
Court filings, settlement agreements and opinions, 1980-1990
[2 folders]
[Note: Contains possibly excepted information: attorney-client privilege, information relating to TDCJ inmates.]
[Folders include excerpts from the Federal Supplement and Federal Reporter 2nd series, court filings, TDC employee turnover by selected classifications and class series, a TDC administrative bulletin regarding single-celling of assaultive / vulnerable inmates, dated March 27, 1985, questions for inmate correspondence survey completed by the Department of Corrections of different states, and administrative correspondence.]
Box
2004/016-124 Guajardo, 1983, 1986-1989
[3 folders]
[Note: Contains possibly excepted information: attorney-client privilege, information relating to TDCJ inmates.]
[Folders include court filings; administrative correspondence and records; correspondence between TDC staff and members of the General Counsel and representatives of publications not permitted in prison units including the Pipelines newsletter and Lineage and Other Stories book; photocopies of Pipelines, The Battle Blotter, The Legal Eagle, and Thunderbird newsletters; excerpts from the Federal Supplement and Federal Reporter; agency statistics; and photocopies of news articles pertaining to TDC and its inmates.]
Veschi / Senator Tejeda, 1986, 1989
[Note: Contains possibly excepted information: attorney-client privilege.]
[Folder includes correspondence between TDCJ General Counsel and Texas State Senator Frank Tejeda regarding inmate correspondence and TDC disciplinary rules; drafts of bills; photocopies of news articles; agency statistics pertaining to the impact of the 70th legislature on time-earning categories; and a copy of the TDC correspondence rules, effective July 14, 1983, in English and Spanish.]
Guajardo v. Estelle: Memorandum of Understanding, 1981
[Note: Contains possibly excepted information: attorney-client privilege.]
Guajardo first memorandum, April 22, 1977
Guajardo second memorandum, June 26, 1981
Guajardo draft rules agreed to at meeting, September 7, 1982
Guajardo survey, 1981-1982
[Note: Contains possibly excepted information: attorney work product.]
Guajardo staff meeting (second orientation and progress meeting), 1979
Guajardo consultant, 1979-1980
[2 folders]
[Note: Contains possibly excepted information: attorney work product, attorney-client privilege.]
[Folders include records relating to the specifications for and selection of an independent consultant to assist TDC in studying the agency's existing practices and procedures regarding inmate mail flow; a copy of the proposed monitoring schedule for inmate correspondence; inter-office communications; a biographical and professional overview of Dr. Sherman R. Day, TDC consultant; training modules and rules for TDC staff pertaining to incoming and outgoing general correspondence; and handwritten notes.]
Guajardo work product (McVey), 1979-1980, undated
[4 folders]
[Note: Contains possibly excepted information: attorney work product, attorney-client privilege.]
[Folders include a copy of the special insert to The Echo, containing the notice and correspondence rules, dated July 1981; TDC correspondence rules; handwritten notes and visual workflows for possible mail scenarios; functions of the mail system coordinating panel and director's review committee; observations by the TDC consultant, Dr. Sherman R. Day; a survey of unit mail operations; material pertaining to the proposed central publication review committee and unit problems concerning mail operations; blank site survey questionnaires; blank TDC forms and logs; inter-office communications; and handwritten notes.]
Court monitor's visit, 1980-1981
[5 folders]
[Note: Contains possibly excepted information: attorney work product, attorney-client privilege, medical information.]
[Folders include inter-office communications relating to special master and court monitor visits to TDC units as well as documents requested in the Ruiz case such as daily inmate menus; change sheets; an inventory of law library books in the writ rooms of individual prison units; a copy of the rules and regulations of the TDC diagnostic center; inmate disciplinary and incident reports; injury reports; and medical records; correspondence between inmates and prison wardens and other TDC staff; personal property receipts; requests for administrative remedy by inmates; and handwritten notes.]
Box
2004/016-125 Guajardo v. Estelle: Testimony of Arnold E. Pontesso, 1976
Guajardo v. Estelle: Testimony of John J. Clark, 1976
Guajardo v. Estelle: Notice to plaintiff class, 1977, 1982-1983
[4 folders]
[Folders include court filings in English and Spanish; final versions and drafts of TDC correspondence rules in Spanish and English; newspaper clippings; excerpts from the Federal Reporter 2nd Series; inter-office communications; printed copies of Errata providing changes to the special edition of The Echo on inmate correspondence rules; handwritten notes; administrative and legal correspondence; uniform inmate access to courts; counsel and public officials rules; and a discovery deposition.]
Guajardo: Transfer of inmates to federal custody, 1981
Guajardo: Litigation history, about 1989
Guajardo: Final judgment, 1977
Guajardo: Transfer of inmates to federal custody, 1981
Guajardo: Inmate correspondence rules listed as exhibit C, about 1983
Guajardo: Inmate correspondence rules - memos, letters regarding publication in The Echo, 1983
Guajardo: Hearings on issue of publications and solitary, 1983
[Folder includes inter-office memos and court documents.]
Guajardo: Availability of Guajardo documents to all inmates, 1983
Guajardo: Notices of changes in inmate correspondence rules, 1983
Guajardo: Cover letters for mailings of proposed inmate correspondence rules, 1983
Guajardo: Correspondence regarding correspondence rules, 1987
Guajardo: Correspondence (with attachments) with consultant, 1983
Guajardo: Cover letter regarding notice of proposed settlement and changes in inmate correspondence rules, 1983
Guajardo: Settlement and agreement marked as exhibit A, February 1983
Guajardo: Joint motion for leave to settle class action suit, February 1983
Guajardo: Stipulation modifying Guajardo settlement agreement, 1986
Guajardo: Historical summary file, 1977-1986
Guajardo: Order, July 1989
Guajardo: Status as of May 15, 1998
[Folder includes an inter-office communication providing the status in court as of May 15, 1998, in addition to court filings.]

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TDCJ v. VitaPro litigation case files, 1983-2000, bulk 1994-1996,
19 cubic ft.

This series documents the progress of the litigation case filed by the state of Texas and TDCJ against VitaPro Foods, Inc., a private Canadian company that produces and markets a soy-based meat substitute under the trade name VitaPro. The records date 1983-2000, bulk 1994-1996.
Materials found within these files include records in English and French including court filings, internal reports, strategies and plans, administrative and executive directives, board policy documents, agency statistics, annual reports, copies of news articles, recipes for using VitaPro products, depositions, discovery documents, legal and administrative correspondence, invitations to bid for contracts, inmate correspondence, inmate grievance forms, records of the Food Services department, informational literature about VitaPro, training schedules, cost comparisons, inventory and shipments lists, TDCJ organizational charts, drafts of press releases, nutritional facts for VitaPro products, correspondence with community organizations such as the Texas and Southwestern Cattle Raisers Association, a client list for VitaPro, and inter-office communications. Also included are seven VHS cassette tapes containing depositions by Yank Barry, President and CEO of VitaPro Foods Inc., Glen Castlebury, Director of Public Information, TDCJ, and Artis B. Mosley, executive assistant to TDCJ executive director, as well as one titled "Lab test results on VitaPro, chapter 8, WFAA TV (ABC)"; and six audio cassette tapes titled "TBCJ audio tapes, construction". Bulk of the material consists of VitaPro cost analysis, usage and inventory of shipments, recipes for VitaPro products, administrative correspondence and records, purchase orders and invoices, training and marketing materials, agency directives and policy documents, and copies of news articles.
VitaPro Case History
This case concerns the authority of TDCJ to enter into two contracts with VitaPro, a Canadian company that manufactures a soy-based meat substitute called VitaPro, which is a textured vegetable protein (TVP). In January 1994, Yank Barry, VitaPro's President and CEO, met TDCJ officials at the American Correctional Association Food Show and Service Show in Orlando, Florida. Subsequently James Collins, TDCJ's Executive Director, directed the Director of Food Services to purchase VitaPro for testing purposes in mid-1994. A bid specification was prepared and sent to the General Services Commission (GSC). Through the GSC, TDCJ acquired some VitaPro in July 1994. Following the tests, Yank Barry, president and CEO of VitaPro Foods, met with TDCJ and Texas Correctional Industries (TCI) officials to discuss having TCI repackage and market VitaPro to other state agencies and out-of-state prison systems. VitaPro Foods and TCI talked about forming a distributorship arrangement whereby TCI would purchase VitaPro in bulk at a reduced cost, repackage the product using inmate labor, and resell it at a higher price.
After several months of discussions with VitaPro Foods, TCI officials developed an action plan that called for TCI to repackage and resell VitaPro both to Food Services for inmate consumption and to tax-supported entities in other states. As part of this plan, TCI developed a purchase order for VitaPro, designed an FDA-compliant label for the repackaged VitaPro, procured a repackaging license from the Texas Department of Health, and conducted research to confirm TCI's belief that it had statutory authority to directly purchase VitaPro. The plan also expressed the desire for TCI to eventually produce VitaPro as one of its prison-industries programs.
Between July 1994 and September 1995, five purchase orders were issued to VitaPro Foods. These purchase orders also served as the contracts between the parties. The first purchase, which was made through the GSC for TDCJ's testing purposes, was never in dispute. TDCJ subsequently issued four purchase orders, without going through the GSC, under the purported authority of the Direct Purchasing Statute. This statute provided an exception to the GSC bidding requirements and allowed TDCJ to buy certain goods directly from third parties. TDCJ issued the first disputed purchase order on November 7, 1994, accompanied by a formal Decision Memorandum. The first purchase order obligated TDCJ to purchase a minimum of 17 metric tons of VitaPro per month for a term ending August 31, 1995, with the option to renew the contract for four additional one-year terms. In July 1995, TDCJ issued the second purchase order. This purchase order had a five-year term and obligated TDCJ to purchase at least 39 metric tons of VitaPro per month. The estimated cost of the VitaPro under both purchase orders was over $40 million.
Both disputed purchase orders stated that the purchase is exempted from review and approval by the GSC as provided in the Direct Purchasing Statute. Neither purchase order specifically referred to the distributorship plan, but both contained an allusive reference to the plan by requiring VitaPro Foods to "provide [TCI] technical assistance in areas such as product packaging and inventory control." All shipments of VitaPro were delivered directly to TCI, who repackaged the product using inmate labor. TCI also began marketing VitaPro. A VitaPro Marketing and Training Team was formed, and, during the first half of 1995, sales and demonstration visits were made to correctional facilities and other state facilities in California, Iowa, Maryland, Nebraska, New York, Pennsylvania, and Texas. Marketing materials were sent to officials in 22 other states.
These efforts met with limited success. TCI completed only five sales to other entities, including New York, Iowa, Missouri, Nacogdoches County, Texas, and McLennan County, Texas. Moreover, the VitaPro sold to New York and Iowa was shipped directly from VitaPro Foods in Canada because of lower shipping costs, which yielded TCI a sales commission without TCI ever handling the VitaPro. As a result, almost all of the VitaPro actually sent to TCI was repackaged and then shipped to Food Services. In addition to suffering from a lack of outside interest, VitaPro did not fare well with the TDCJ staff or inmates.
In its motion for summary judgment, TDCJ presented evidence that the frequent serving of VitaPro demoralized the staff and inmates and led to adverse health effects, including rampant flatulence. Because of frequent complaints, TDCJ stopped accepting shipments of VitaPro in February 1996 and phased out serving it to the inmates and staff from February to May 1996. The Texas Supreme Court invalidated TDCJ’s VitaPro contract in 1999. Both Collins and Vitapro president Yank Barry were convicted in August 2001 on federal bribery charges. However, their convictions were reversed by the district court in 2005, and they were acquitted in a 2008 retrial.
(Sources include: Opinion by Justice Greg Abbott, State of Texas and TDCJ v. VitaPro Foods Inc. in the Supreme Court of Texas, December 9, 1999 (http://www.supreme.courts.state.tx.us/historical/1999/dec/980645ga.pdf , accessed on January 23, 2014); and the records themselves.)
Arrangement
The records arrived at the State Archives in no apparent order. Most of the files within the boxes have been maintained as received from the agency and are not in chronological order. Some minor rearrangement was done by staff to correct obvious misfiles.
Most of the original file names appear to have been derived from the name of the person whose office the records originated in and do not necessarily provide much information about the contents. A file titled Mark Tissue for instance, would reflect the records of Mr. Tissue, plant manager, Wynne records conversion unit. As a result, multiple folders can have the same title. In some cases, the folders are differentiated numerically i.e. Mark Tissue - I, II , III and so on. In other cases, there may be no numerical differentiator, and the only difference between files of the same name may be the span of years covered. To offer more clarity, an overview of the contents of such files has been provided.
Preferred Citation
(Identify the item), TDCJ v. VitaPro litigation case files, Texas Department of Criminal Justice General Counsel's Office litigation case files. Archives and Information Services Division, Texas State Library and Archives Commission.
Accession Information
Accession number: 2007/107
These records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Texas Department of Criminal Justice on March 6, 2007.
Restrictions on Access
Because of the possibility that portions of these records fall under Public Information Act exceptions including, but not limited to: social security numbers (V.T.C.A., Government Code, Section 552.117 for government employees, 552.147 for any living person); information about inmates created by the Texas Department of Criminal Justice (V.T.C.A., Government Code, Section 552.134 (information confidential by law, Texas Government Code, Section 508.313)); attorney-client privilege, agency memoranda or attorney work product (V.T.C.A., Government Code, Section 552.107 or 111); and account numbers, access device numbers (V.T.C.A., Government Code, Section 552.136); an archivist must review these records before they can be accessed for research. The records may be requested for research under the provisions of the Public Information Act (V.T.C.A., Government Code, Chapter 552). The researcher may request an interview with an archivist or submit a request by mail (Texas State Library and Archives Commission, P. O. Box 12927, Austin, TX 78711), fax (512-463-5436), email (Dir_Lib@tsl.texas.gov), or see our web page (http://www.tsl.texas.gov/agency/customer/pia.html). Include enough description and detail about the information requested to enable the archivist to accurately identify and locate the information. If our review reveals information that may be excepted by the Public Information Act, we are obligated to seek an open records decision from the Attorney General on whether the records can be released. The Public Information Act allows the Archives ten working days after receiving a request to make this determination. The Attorney General has 45 working days to render a decision. Alternately, the Archives can inform you of the nature of the potentially excepted information and if you agree, that information can be redacted or removed and you can access the remainder of the records.
All of the litigation case files are restricted and must be reviewed by an archivist before they can be accessed for research. Most of the possible exceptions are not noted in the folder inventory because they apply to the majority of the folders; only exceptions that are less obvious are so marked. Such folders have been identified in the inventory.
Materials do not circulate, but may be used in the State Archives search room. Materials will be retrieved from and returned to storage areas by staff members.
Restrictions on Use
Most records created by Texas state agencies are not copyrighted. State records also include materials received by, not created by, state agencies. Copyright remains with the creator. The researcher is responsible for complying with U.S. Copyright Law (Title 17 U.S.C.).
Technical Requirements
Please contact the Archives' Preservation Officer for appropriate hardware / software to view contents of the VHS video cassette tapes or listen to the audio tapes.
Processing Information
Processed by Laura K. Saegert, September 2003, December 2008
Additional processing and finding aid by Aditi Worcester, January 2014
Box
2007/107-1 TDCJ v. VitaPro: Sixth court of appeals opinion and judgment, April 16, 1998
VitaPro services agreement, 1995
Production, 1995
[Folder includes inter-office communications regarding repackaging operations, a VitaPro action plan for the Wynne records conversion facility, standard operating procedures, and daily reports for VitaPro packaging.]
Fiscal year '96, 1995-1996
[2 folders]
[Folders include inter-office communications regarding VitaPro inventory, pricing and shipments, shipping tickets, purchase orders, material receiving reports, invoices, and a recommended VitaPro ordering pattern.]
Fiscal year '95, 1994-1995
[3 folders]
[Folders include inter-office communications regarding VitaPro inventory, shipping tickets, sales invoices, material receiving reports, recommended pricing schedule, and delegated purchase orders.]
Lab test results on VitaPro, chapter 8, WFAA TV (ABC), March 1, 1996
[Folder includes a VHS tape.]
TDCJ v. VitaPro: Correspondence, research, etc., 1987, 1994-1995
[6 folders]
[Folders include witness names, purchase orders, legal and administrative correspondence, VitaPro purchasing history, administrative directives and documents, copies of media articles, and agency statistics.]
TDCJ v. VitaPro: Deposition notices, 1996
[5 folders]
[Folders include deposition notices, transcripts of the videotaped deposition of Yank Barry, Allan Polunsky, and exhibits to the videotaped oral deposition of Allan Polunsky.]
Box
2007/107-2 TDCJ v. VitaPro: Discovery, 1996
[3 folders]
[Folders include copies of court filings.]
TDCJ press releases, media coverage, 1995-1996
[3 folders]
[Folders include copies of press releases issued by TDCJ as well as news articles. The folders also include a small amount of unrelated documents such as inter-office communications related to costs and production data for substituting VitaPro products for certain meat products, administrative correspondence, an executive summary of VitaPro sack weights, inter-office communications on menu changes, and handwritten notes.]
VitaPro-related correspondence and administrative documents, 1995-1996
[4 folders]
[Folders include a bid submitted by TDCJ for selling VitaPro to the State of Iowa medical classification center, purchase orders, administrative documents, investigation by the internal affairs division of TDCJ into the classification and movement of certain inmates, drafts of press releases, court filings, and legal and administrative correspondence.]
Allan Polunsky, 1996
[2 folders]
[Folders include court filings, administrative correspondence, and copies of news articles.]
Wayne Scott - Produced at deposition, May 9, 1996
[Folder includes administrative records, inter-office correspondence regarding the arrest of Patrick Harold Graham, and a letter from Wayne Scott, TDCJ executive director to board members informing them of a review of agency purchasing procedures in the wake of the VitaPro investigation.]
Binders at C. Reynolds, undated
Belva Boyd, 1995-1996
[Folder includes inter-office communications to the Gatesville unit instructing staff to not add meat to VitaPro recipes, as well as requests for VitaPro inventories at various prison units.]
Earl Reneau, 1995-1996
[Folder includes VitaPro recipes, food department menu planning guide, cooks' worksheet, meat allocation statistics, and food service distribution figures.]
Food service documents, 1995-1996
[Folder includes VitaPro recipes, food department menu planning guide, cooks' worksheet, meat allocation statistics, and food service distribution figures.]
Randy Patrick, undated
[Folder includes stock record cards, bi-weekly menu, tips on cooking with VitaPro, and recipes.]
Boyd, Belva, 1994-1996
[1-4 of 8 folders]
[Folders include informational literature issued by VitaPro providing recipes and facts about the product, administrative documents, handwritten notes, food department menu planning guide, copies of news articles, VitaPro training schedule, and copies of photographs of a VitaPro luncheon for media release.]
Box
2007/107-3 Boyd, Belva, 1994-1996
[5-8 of 8 folders]
Defendants' answers and objections to plaintiff's first set of interrogatories, May 14, 1996
[5 folders]
Janie Thomas Notebook #1, unnumbered, extra copy, 1995-1996
[6 folders]
[Folders include administrative documents, information sheet on methicillin resistant staph aureus (MRSA), inmate correspondence, and inter-office communications regarding the trip made by TDCJ's food representative to the VitaPro headquarters in Montreal.]
Documents produced with RFP response, 1995-1996
Interim meat allocation, 1996
Riley B., executive services, 1996
[Folder includes a list of TDCJ historical policies, department policy, and operations manual distributions list.]
Maedgen, Robert: Industry advisory committee, 1994
[Folder includes usage estimates and cost comparisons for VitaPro in prison units.]
Standlee, David: Executive services, 1995-1996
[Folder includes department and division organization charts, as well as the mission, philosophy, goals and strategic plan for TDCJ.]
Mosley, Artis: Supplemental, 1996
[Folder includes a document listing the inventory and dates that VitaPro products were received.]
Scott, Wayne: Submission, 1995
[Folder includes drafts of press releases pertaining to the VitaPro investigation, correspondence from the Texas and Southwestern Cattle Raisers to the governor of Texas regarding their concerns about meat sales and the use of the VitaPro protein supplement, and administrative records.]
Box
2007/107-4 TBCJ minutes, 1995
[4 folders]
[Folders include minutes of the Texas Board of Criminal Justice meeting number 45.]
TBCJ minutes, 1994
[4 folders]
[Folders include minutes of the Texas Board of Criminal Justice meeting number 38.]
TDCJ comprehensive training plan, 1996
TDCJ food service manual, 1994
[3 folders]
VitaPro dox file, 1994-1996
[4 folders]
[Folders include copies of news articles, TDCJ department and division organization charts, report regarding the Nacogdoches county jail and VitaPro demonstration, master unit list of all unit administration, correspondence, a review of management controls at TDCJ, copies of invoices, shipping orders and payments made, and copies of VitaPro informational literature.]
Box
2007/107-5 TBCJ audio tapes, construction #1, 15 and unnumbered, May 12 and 13, 1994
[Folder includes three audio cassettes.]
TBCJ audio tapes, #12, 13 and 14, May 13, 1994
[Folder includes three audio cassettes.]
TDCJ v. VitaPro: Appeal correspondence, 1996-1999
TDCJ v. VitaPro: Appeal discovery, 1996
Litigation: VitaPro - media, 1998-1999
[Folder includes copies of the VitaPro litigation case in the print media.]
VitaPro: Opinion - Court of appeals, Sixth appellate district of Texas, October 15, 1997
VitaPro action plan, 1994-1996
[5 folders]
[Folders include TDCJ food services usage action plan and VitaPro marketing plan.]
Benestante, J., Supplemental, 1994, 1996
[Folder includes minutes and agenda of the industry advisory committee meeting held on March 18, 1996, as well as agency reports and statistics.]
Bush, J., Supplemental, 1991, 1995-1996
[Folder primarily consists of administrative directives regarding correctional and other uniformed staff uniforms, equal employment opportunity and affirmative action, sexual harassment, employees' general rules of conduct, guidelines for employee disciplinary actions, outside employment, and nepotism.]
Bill Thornton, 1994-1996
[3 folders]
[Folders include VitaPro status reports, cost analysis, and purchase summaries, administrative records and correspondence, schedules for VitaPro demonstrations at the Department of Corrections of other U.S. states, and bills and invoices.]
Miller, Debbie, 1994-1995
[5 folders]
[Folders include invitations to bid and VitaPro quotes provided to the Department of Corrections of other U.S. states, nutritional facts and directions for preparation of VitaPro products, correspondence between VitaPro representatives and staff at correctional facilities and state government agencies across the U.S., VitaPro cost comparisons, a draft of the services agreement between the Texas Correctional Industries (TCI) and agents associated with TCI to promote VitaPro products to their customer base, a copy of informational material about the joint venture between VitaPro and TCI to feed corrections and institutions, administrative records, a draft of plans for incorporation of vegetable protein supplements into meals served by TDCJ, a policy review packet of the Special Committee on Board Policies of the Texas Board of Criminal Justice, and internal memorandum and board policies.]
Polunsky, Allan, Supplemental (2 copies), 1994-1996
[Folder includes copies of news articles, internal and legal correspondence, delegated purchase orders, and inter-office communications.]
Box
2007/107-6 Crimm, Jack, 1995-1996
[5 folders]
[Folders include correspondence between the Texas Correctional Industries and TDC inmates regarding VitaPro, sample sales pitch for VitaPro, inter-office communications, a list of regional offices for VitaPro, nutritional information, a translation of ingredients and recipes in Spanish, VitaPro pricing, and marketing strategies.]
J. Crimm's personal files, 1994-1995
[5 folders]
[Folders include inter-office communications regarding direct purchase of dehydrated vegetable protein product, shipments, packaging, menus, baselines, purchase orders, technical notes on producer price indexes, invitation for bids, administrative records, material receiving reports, and invoices.]
Kyle, Larry, January 1994
[5 folders]
[Folders include administrative records such as out-of-state travel vouchers and personal reimbursement forms, recipes, photocopies of news articles, drafts of press releases, and action plans.]
Box
2007/107-7 David McNutt (deputy director for administrative services), 1996
Bill McCray (deputy director for administrative services), 1987-1990, 1994-1996
[4 folders]
[Folders include copies of news articles, court filings, administrative records, minutes of meetings of the Texas Board of Criminal Justice, board policy documents, and administrative directives.]
Jeff Baldwin (executive assistant to executive director), 1995-1996
Artis B. Mosley (executive assistant to the executive director), 1995-1996
[5 folders]
[Folders include materials regarding VitaPro training; correspondence with the Texas and Southwestern Cattle Raisers Association; a booklet from the agriculture division of TDCJ; informational literature about VitaPro; administrative records; a copy of a flyer produced anonymously by inmates attempting to contact free world sources to raise opposition to TDCJ's use of VitaPro; TDCJ plans for incorporation of vegetable protein supplements into meals served by the agency; and recipes.]
Maxine Triplett (retired - purchasing), 1996
Caldwell, Prejean (assistant director, purchasing and utilities) - I, 1992-1996
[3 folders]
[Folders include a copy of the mail log of the assistant director for purchasing and leases, and a delegated purchase order log.]
Caldwell, Prejean (assistant director, purchasing and utilities) - II, 1994-1995
[2 folders]
[Folders include copies of delegated purchase order logs.]
Caldwell, Prejean (assistant director, purchasing and utilities) - III, 1991-1993
[2 folders]
[Folders include copies of delegated purchase order logs.]
B.J. Shotwell (agriculture headquarters), 1996
Dale Story (assistant director, transportation and supply), 1996
Box
2007/107-8 Janie Thomas (assistant director - food services), 1995-1996
[4 folders]
[Folders primarily include correspondence between TDCJ and prison inmates (and in one instance, a state senator) regarding problems with VitaPro, as well as a small portion of administrative records, recipes, and copies of news articles.]
Bill Thornton (industry) - I, 1995-1996
[3 folders]
[Folders include informational literature about VitaPro, inter-office communications, administrative records and correspondence, and a certificate of Halal purity for VitaPro.]
Transactions, 1995-1996
Historical documentation, 1995-1996
[2 folders]
[Note: Contains possibly excepted information: attorney-client privilege.]
[Folders include a recommendation regarding the discontinuation of the purchase of VitaPro products for TDCJ, administrative records, administrative and legal correspondence, a supplement offense report for commercial bribery / organized crime, and board policy documents.]
TDCJ v. VitaPro: News clippings, 1995-1996
[6 folders]
VitaPro news clippings, volume 2, 1996
[5 folders]
Box
2007/107-9 VitaPro - Master list of TDCJ witnesses, 1996
[Folder originally also included a 3.5 inch floppy disk. Information on the disk was accessed by State Archives staff in January 2014 and a printout of the contents - Master List - was subsequently included in the folder.]
Videotaped deposition of Jane M. Thomas, transcript, 1996
Legislative, 1983-1987, 1996-1997
[5 folders]
[Folders include a file titled HB 1573 69th Legislature, bill analysis; an index to legislative history research, SB 245, 70th Legislative session; a file titled HB 2363 68th Legislature, bill analysis; and a file titled TDCJ appropriations.]
VitaPro press conference, February 27, 1996
Deposition of Yank Barry, State of Texas v. VitaPro, July 9, 1996
[3 folders]
[Folders include three VHS cassette tapes.]
Deposition of Glen Castlebury, State of Texas v. VitaPro, May 10, 1996
[Folder includes a VHS cassette tape.]
Deposition of Art Mosley, State of Texas v. VitaPro cause #19,388, May 8, 1996
[2 folders]
[Folders include two VHS cassette tapes.]
Artis B. Mosley, file name: AM050896, ASCII, May 8, 1996
[Folder originally comprised a 3.5 inch floppy disk. Information on the disk was accessed by State Archives staff in January 2014 and a printout of the contents - transcript of the videotaped oral deposition of Artis B. Mosley, Jr. - was subsequently included in the folder.]
Wayne Scott, file name: WS050996, ASCII, May 9, 1996
[Folder originally comprised a 3.5 inch floppy disk. Information on the disk was accessed by State Archives staff in January 2014 and a printout of the contents - transcript of the videotaped oral deposition of Wayne Scott - was subsequently included in the folder.]
Glen Castlebury, file name: GC051096, ASCII, May 10, 1996
[Folder originally comprised a 3.5 inch floppy disk. Information on the disk was accessed by State Archives staff in January 2014 and a printout of the contents - transcript of the videotaped oral deposition of Glen Castlebury - was subsequently included in the folder.]
Box
2007/107-10 VitaPro v. State of Texas: Brief of Appellee, 1987, 1995-1997
[2 folders]
[Folders include two copies of the brief of appellee court filing.]
VitaPro v. State of Texas: Brief of Appellant, 1997
VitaPro briefs, 1998-1999
[3 folders]
[Folders include reply to the respondent VitaPro Foods, Inc's response to petition for review, brief of petitioner, and response to petition for review.]
VitaPro - Appellants' brief and FN transcripts - I, 1997
[3 folders]
[Folders include a copy of the brief of appellant.]
VitaPro - Appellants' brief and FN transcripts - II, 1997
[4 folders]
[Folders include a copy of the VitaPro and Texas Correctional Industries (TCI) joint venture to feed corrections and institutions.]
VitaPro - Appellants' brief and FN transcripts - III, 1997
[3 folders]
[Folders include photocopies of news articles, a draft of the services agreement between TCI and agents associated with it, depositions, VitaPro cost analysis, agency plan for the phase-out of VitaPro and phase-in of expanded agency meat production, and purchase orders.]
Box
2007/107-11 Bill Thornton (Industry) - II, 1995-1996
[3 folders]
[Folders include administrative records; invitations to bid and price quotes to the correctional enterprises of other U.S. states; membership list of the interagency council on nutrition; sales invoices; VitaPro costings for various recipes; a copy of the VitaPro and Texas Correctional Industries (TCI) joint venture to feed corrections and institutions; inter-office communication regarding VitaPro usage; cost and prospects; and a TDCJ action plan for VitaPro.]
Mark Tissue (Plant manager, Wynne records conversion) - I, 1994-1996
[5 folders]
[Folders include a file titled Dan Ticknor, Section Chief, which consists of standard operating procedures for employee safety at the Wynne records conversion unit; a file titled Dee Wayne Beckham, Assistant Plant Manager, which consists of inter-office communication regarding a rat found in a VitaPro shipment and VitaPro inspections as well as warehouse checks; purchase orders; nutritional information about VitaPro; cost comparisons prepared for TDCJ; copies of news articles; inmate grievance forms; and TDCJ requirements for licensing as a food manufacturer or wholesale distributor of food.]
Mark Tissue (Plant manager, Wynne records conversion) - II, 1995-1996
[3 folders]
[Folders include purchase orders, inter-office communication about VitaPro usage and inventory, problem reports, invoices, agency plan for phase-out of VitaPro and phase-in of expanded agency meat production, and daily VitaPro packaging reports.]
Mark Tissue (Plant manager, Wynne records conversion) - III, 1994-1995
[3 folders]
[Folders include purchase orders, inter-office communications regarding VitaPro usage and inventory, invoices, memoranda, copies of news articles, administrative records, and daily reports.]
Jack Crimm (Product development - Industry) - I, 1994-1996
[4 folders]
[Folders include inter-office communications regarding packaging, statutory and policy issues relating to the disposition of prison-made goods, and cost and nutritional analysis of VitaPro, memoranda, invitations to bid, administrative records, service agreements, status reports, and correspondence with inmates.]
Box
2007/107-12 Jack Crimm (Product development - Industry) - II, 1993-1996
[5 folders]
[Folders include inter-office communications regarding VitaPro usage and demonstrations, VitaPro status reports, a copy of VitaPro marketing strategies, administrative correspondence, invitations to bid, TDCJ action plan, VitaPro recipes and costings, a certificate of analysis and nutrition facts on VitaPro by Nutrition International, a manufacturer's certificate to cover exports of food or drug products, TDCJ food service department menu planning guide, a copy of the Texas Department of Health rules for licensure of manufacturers of food and wholesale distributors of food, and a copy of a guide to self-inspection for the smaller food processor and warehouse by the U.S. Department of Health and Human Services.]
Jack Crimm (Product development - Industry) - III, 1994-1996
[6 folders]
[Folders include inter-office communications regarding VitaPro cost analysis, history, presentations scheduled, and privately operated prison units in Texas, administrative correspondence, invitation for bids, VitaPro pricing charts, and purchase orders.]
VitaPro documents file #1 to #69, 1984-1985, 1993-1996
[3 folders]
[Folders include copies of the joint venture to feed corrections and institutions by VitaPro and Texas Correctional Industries, a report in French, administrative correspondence and records, executive and administrative directives, TDCJ board policy documents, internal memorandum, and recipes.]
VitaPro documents file #70 to #129, 1993-1996
[3 folders]
[Folders include recipes, certificates of analysis from Nutrition International, invoices, administrative records, a client list for VitaPro, purchase orders, correspondence regarding efforts made by TDCJ to address the Texas and Southwestern Cattle Raisers concerns about calf sales, beef purchases and use of VitaPro, and inter-office communications regarding the VitaPro training schedule etc.]
Box
2007/107-13 VitaPro documents file #130 to #181, 1995-1996
[4 folders]
[Folders include plans for incorporation of vegetarian protein supplements into meals served by TDCJ, invoices, correspondence between VitaPro and TDCJ, as well as between VitaPro and external agencies, internal memoranda, copies of news articles, excerpts from the Code of Federal Regulations, administrative records, recipes, a report from Texas Performance Review titled Behind the Walls: The Price and Performance of the Texas Department of Criminal Justice, and a VitaPro press conference report.]
VitaPro documents file #182 to #234, 1995-1996
[3 folders]
[Folders include copies of news articles and a draft of the statement of Andy Collins.]
VitaPro documents file #235 to #289, 1995-1996
[3 folders]
[Folders include copies of news articles, executive directives, proposal for a new TDCJ administrative rule regarding the sale and disposal of surplus agricultural goods, purchase orders, and administrative records.]
VitaPro documents file #290 to #358, 1985-1987, 1994-1996
[4 folders]
[Folders include copies of news articles, the subject index of the departmental policy and operational manual from 1994 through 1996, administrative directives, board policy documents, purchase orders and invoices.]
VitaPro case / criminal memorandum, 1999-2000
[Folder includes inter-office communication regarding the VitaPro litigation case and administrative records.]
James Eller (executive assistant to executive director), 1996
[Folder includes a single document that consists of an inter-office communication.]
James E. Bush (assistant director - human resources and staff development), 1996
[Folder includes inter-office communication related to VitaPro document production.]
Linda Fernald (via Andy Collins), 1994-1996
[Folder includes VitaPro cost comparisons prepared for TDCJ, correspondence directed to TDCJ regarding the use of VitaPro in the Texas prison system, and administrative records.]
Box
2007/107-14 John Benestante (interim director of industries), 1995-1996
[2 folders]
[Folders include an overview of Texas Correctional Industries (TCI); minutes from the industry advisory committee meeting of March 1996 and the food service directors quarterly meeting of April 1995; purchase orders; copies of a services agreement between TDCJ and agents associated with TCI; and administrative records.]
Tom Fordyce and other agricultural staff (assistant director of agriculture), 1994-1996
[7 folders]
[Folders include files titled John Gilbert (region v regional director), Marshall Herklotz (assistant director, laundry and food service), Bob Koenig (risk management), Bond, Bonnie, Holcomb, Larry, and Wayne Newton, in addition to two files titled Fordyce, Tom.]
Scott Hornung (internal audit) - II, 1994-1996
[4 folders]
[Folders include administrative records and invoices.]
Scott Hornung (internal audit) - I, 1987, 1993-1995
[2 folders]
[Folders include inter-office communication concerning the audit, purchase orders, administrative records, executive directives, and board policy documents.]
Terry Bales (cashier's office) / Chris Koenig (assistant director, finance) - I, 1994-1996
[7 folders]
[Folders include order and invoice documents from 1994 through 1996, and administrative records.]
Box
2007/107-15 Terry Bales (cashier's office) / Chris Koenig (assistant director, finance) - II, 1994-1995
[3 folders]
[Folders include purchase orders, travel vouchers, invoices, receipts and other administrative records.]
Kyle, Larry (Rebecca Moles - Mr. Kyle's assistant), 1994-1996
[5 folders]
[Folders include copies of information concerning VitaPro retained in Rebecca Moles' office. Types of records present include inter-office communications, purchase orders, invitations to bid, travel vouchers, food service department menu plans, copies of news articles, administrative correspondence, communication regarding the possibility of developing a mobile food serving unit for TDCJ, minutes from the industry advisory committee meeting, and copies of pages from a message book.]
Castlebury, 1993-1996
[2 folders]
[Folders include copies of news articles, drafts of TDCJ press releases, correspondence, sales of VitaPro, and handwritten notes.]
Mark Tissue files - I, 1995-1996
[2 folders]
[Folders include administrative records pertaining to outside sales and production.]
Mark Tissue files - II, 1995-1996
[2 folders]
[Folders include administrative records pertaining to VitaPro inventory, shipments, contamination, and packaging.]
Mark Tissue files - III, 1994-1995
[4 folders]
[Folders include administrative records pertaining to VitaPro inventory, invoices, purchase orders, shipments, and pricing analysis.]
Mark Tissue files - IV, 1995-1996
[2 folders]
[Folders include administrative records pertaining to outside sales and production, inventory, licensing information, TDCJ action plan, correspondence, and copies of news articles.]
Moles, Becky (Kyle's secretary), 1995-1996
[3 folders]
[Folders include travel vouchers, bills and invoices, inter-office communications, pricing analysis, and nutritional information on VitaPro.]
Box
2007/107-16 Janie Thomas' files from secretary, 1994-1995
[5 folders]
[Folders include administrative records and correspondence.]
TDCJ documents #I-4260 to I-4774, missing documents, 1994-1996
[2 folders]
[Folders include administrative records and correspondence.]
TDCJ documents #I-004775 to 004895, Collins' travel and some missing documents, 1994-1995
[2 folders]
[Folders include administrative records and correspondence.]
James E. Bush, 1996
[Folders include administrative records and correspondence, including copies of TDCJ identification card formats.]
Linda Fernald, 1995-1996
TDCJ documents #I-4260 to I-4774, missing documents, 1994-1996
[2 folders]
[Folders include administrative records and correspondence.]
John Benestante, 1995-1996
[Folder includes VitaPro outside sales analysis, handwritten notes, and inter-office communications.]
Tom Fordyce, 1995-1996
[Folder included agency memoranda, agency plan for the phase-out of VitaPro and phase-in of expanded agency meat production, and administrative records.]
Holcomb, Larry, 1996
[Folder includes a copy of the VitaPro phase-out plan.]
Scott Hornung, privileged, 1994-1996
[2 folders]
[Folders include administrative and legal correspondence, a cost analysis methodology for the Michael meat plant, administrative records, and VitaPro purchasing history.]
Koenig, Chris, FY 96, 1996
[Folder includes copies of paid warrants / checks by TDCJ to VitaPro.]
McCray, Bill, 1995-1996
[Folder includes a draft of VitaPro cost comparison, as well as a cost analysis methodology for VitaPro repackaging at the Wynne unit records conversion facility.]
Kyle, Larry, 1996
[Folder includes copies of correspondence and notes concerning VitaPro from Larry Kyle's office, forwarded to Legal Affairs by Rebecca Moles, administrative technician - industry.]
Mosley, Artis, 1996
[Folder includes administrative records, and drafts of an analysis of VitaPro sack weights.]
Thomas, Janie, 1996
[2 folders]
[Folders include administrative records, inter-office communications regarding menu changes and meat distribution program, and other ongoing litigation issues related to the VitaPro case.]
Thornton, Bill, undated
[Folder includes draft of a bill to Iowa, and VitaPro outside sales analysis.]
Beckham, D., 1996
[Folder includes a single inter-office communication regarding contaminated VitaPro.]
Tissue, Mark, 1996
[Folder includes inter-office communications, and an ordering pattern for VitaPro.]
Crimm, Jack, 1995-1996
[Folder includes copies of documents from Jack Crimm's office, Texas Correctional Industries, to TDCJ's Legal Affairs Division.]
Scott, Wayne, 1996
[Note: Contains possibly excepted information: attorney-client privilege]
[Folder includes inter-office communications regarding a request for special audit of VitaPro and preliminary findings of the fact that Yank Barry, President and CEO of VitaPro, may be using an alias name, in addition to legal correspondence.]
Polunsky, Allan (2 copies), 1995-1996
[Note: Contains possibly excepted information: attorney-client privilege]
[Folder includes legal and administrative correspondence, litigation updates, draft of a purchasing audit, and a summary of TDCJ county jail litigation cases.]
Reynolds, Carl, 1994-1995
[Folder includes agency memoranda regarding the sale of VitaPro and processed meat products, and inter-office communications regarding the draft of a packing plant distributor agreement.]
David Nunnlee: Subpoena exhibit a (2 copies), 1990-1995
[6 folders]
[Folders include a copy of the 1995 telephone directory for TDCJ, and annual reports for TDCJ from 1990 to 1994.]
Mosley, Artis: Supplement, 1996
[Folder includes inter-office communications regarding inventories of VitaPro shipments.]
Box
2007/107-17 Boyd, Belva, 1994-1996
[4 folders]
[Folders include informational literature for VitaPro, copies of news articles, VitaPro recipes, and materials regarding VitaPro training.]
Polunsky, Allan (2 copies), 1995-1996
[Note: Contains possibly excepted information: social security numbers]
[Folder includes administrative correspondence; correspondence with the families of inmates; inter-office communication regarding witness statements; copies of court filings and news articles; and report of an investigation into allegations that files pertaining to official investigations were deliberately destroyed.]
Scott, Wayne: Submission, 1996
[Folder includes administrative records and correspondence.]
Miller, D. (board committee policy minutes), 1995
Belva Boyd, 1995-1996
[Folder includes administrative records.]
Reneau, Earl, 1995-1996
[Folder includes the TDCJ food services department's menu planning guide, meat allocation statistics, and a VitaPro training schedule.]
Ptacek, Randy, undated
[Folder includes administrative records.]
Janie Thomas notebook #3, TDCJ documents #I-4138 to 4619, 1991, 1993-1996
[4 folders]
[Folders include correspondence by inmates, state senators and community organizations; inter-office communications regarding the necessity for an FDA inspection or approval for Texas Correctional Industries to repackage and distribute VitaPro; VitaPro training documents; invoices; inmate grievance forms; VitaPro marketing strategies; copies of news articles; drafts of press releases; and administrative records.]
Thomas, Janie notebooks no. 4, 1996
[Folder includes administrative records and correspondence, in addition to inmate correspondence.]
Thomas, Janie notebooks no. 2, 1996, undated
[2 folders]
[Folders include notes / correspondence related to VitaPro compiled for a Public Information Act request.]
TDCJ v. VitaPro: Appeal - pleadings, 1994-1998
[4 folders]
[Folders include court filings, and administrative and legal correspondence.]
Box
2007/107-18 TDCJ v. VitaPro: Discovery, 1994-1996
[5 folders]
[Folders include court filings, news articles, recipes, and administrative and legal correspondence.]
Exhibits to the videotaped oral deposition of Yank Barry (volume 1), 1994-1996
[5 folders]
[Folders include a VitaPro client list, court filings, and administrative records and correspondence.]
TDCJ v. VitaPro: Draft documents, 1994-1996
[Folder includes drafts of court documents to be filed.]
VitaPro media, 1996
[2 folders]
[Folders include copies of news articles.]
Box
2007/107-19 TDCJ v. VitaPro Inc.: Pleadings, 1996
[7 folders]
[Folders include copies of court submissions and filings.]
Thomas, Janie, 004138 through 004619, 1994-1996
[5 folders]
[Folders include copies of news articles, agency statistics, inter-office communications, inmate correspondence, and VitaPro recipes.]
Collins, Andy - Travel, 1994-1995
[Folder includes travel vouchers and invoices.]

Return to the Table of Contents




 

Other litigation case files, 1981-1982, 1987, 1990, 1994, 2001, 2012, undated, bulk 1981-1982,
0.5 cubic ft.

This series documents the progress of several litigation case files, including Lonnie Clements Encalade v. Brad Livingston; Robert Sillings v. Oliver Bell; William R. Freeman v. TDCJ; Guillermo Gomez et al. v. George Waldron et al.; Lawrence R. Alberti et al. v. Sheriff of Harris County v. William P. Clements et al.; and K.K. Coble v. Texas Department of Corrections. The records date 1981-1982, 1987, 1990, 1994, 2001, 2012, undated, bulk 1981-1982.
Materials found within these files include court filings and other documents, handwritten notes, scaled-down blueprints of living and working areas in different prison units, agency statistics, inter-office communications, correspondence, and administrative records. These case files represent a smaller portion of this collection and include cases that are not comprehensively documented. In some instances, a case file may include a single document. Other case files may consist of multiple folders.
Lonnie Clements Encalade v. Brad Livingston Case History
TDC inmate Lonnie Clements Encalade filed a civil rights complaint in November 2010 against Brad Livingston, Director of the Texas Department of Criminal Justice (TDCJ), and F.N.U. Wheeler, Warden of the TDCJ Robertson Unit alleging that the defendants were deliberately indifferent to his safety after he was threatened by another inmate and to his health when he was incarcerated for 72 hours in a non-air conditioned prehearing detention cell for safekeeping. The plaintiff’s objections were eventually overruled and the case was dismissed.
(Sources include: the records themselves.)
Robert Sillings v. Oliver Bell Case History
This case concerns the plaintiff's application for leave to proceed In Forma Pauperis in 2012. The Prison Litigation Reform Act of 1995 (PLRA) requires prisoners seeking to bring civil actions to pay an initial partial filing fee. The PLRA further requires prisoners thereafter to pay the balance of the full filing fee ($350).
(Sources include: the records themselves.)
K.K. Coble v. TDC Case History
In 1977, two citizens of the state of Texas filed a class action lawsuit under Title VII of the Civil Rights Act of 1964 against the Texas Department of Corrections in the U.S. District Court for the Southern District of Texas. The plaintiffs alleged that the defendants had violated their rights by discriminating against them on account of their sex when they applied for employment. On December 20, 1982, the U.S. District Court for the Southern District of Texas held that TDC’s policy of not hiring women to perform any correctional officer functions at male prison units violated Title VII, but the court further held that the TDC’s policy of not utilizing female correctional officers in "contact positions" in male prisons did not violate Title VII. The court ordered the defendants to prepare a plan whereby female correctional officers would be routinely employed and utilized at the male prison units in those positions that would protect the privacy interests of inmates.
(Sources include: The Civil Rights Litigation Clearinghouse, (http://www.clearinghouse.net/detail.php?id=966), accessed on January 30, 2014; and the records themselves.)
William R. Freeman v. TDCJ Case History
This lawsuit arose from a dispute regarding the adequacy of Church of Christ religious services afforded to Texas prisoners. A class of disaffected inmates filed a civil rights suit alleging that the religious accommodations policy of TDCJ violates the Free Exercise Clause of the First Amendment and the Equal Protection Clause of the Fourteenth Amendment. Also, William R. Freeman, a member of the class, alleged that he was transferred to another unit in retaliation for exercising his First Amendment right to free speech. The district court entered summary judgment in favor of TDCJ and the inmates appealed. The appeals court affirmed, finding that the prison policy under which inmates belonging to a certain church could attend weekly services with a "Christian/non-Roman Catholic" sub-group did not violate the inmates' free exercise rights. According to the court, the policy that identified "five major faith sub-groups" was neutral, was rationally related to staff, space and financial concerns, was reasonable, and the inmates had alternative means of exercising their religions such as attending supplemental services conducted by volunteers from their faith. The court also held that the policy did not violate the inmates' equal protection rights.
(Sources include: Opinion of the United States District Court, Northern District of Texas, Amarillo Division, March 31, 2003.)
Guillermo Gomez et al. v. George Waldron et al. Case History
On August 26, 1985, plaintiff Guillermo Gomez filed a complaint against TDC, which subsequently became a class action suit consisting of all monolingual Spanish-speaking inmates of TDC. The complaint alleged that the failure of TDC to provide legal materials in Spanish or assistance to monolingual Spanish-speaking inmates in using the prison law libraries, to provide interpreters to monolingual Spanish-speaking inmates in the inmate disciplinary process, and to process inmate grievance forms in Spanish or to provide monolingual Spanish-speaking inmates with assistance in submitting those forms in English violates the plaintiff’s rights to access the courts, to due process of law, to petition the government for redress, and to privileges and immunities guaranteed by the U.S. Constitution. On December 23, 1987, information came to the attention of the court that the plaintiff Gomez may not adequately represent the interests of the proposed class. The court ordered that his motion for class certification be held in abeyance pending resolution of the class representation matter, and further ordered the parties to prepare a notice to potential class members. In 1988, the court ordered the proceedings stayed in response to a motion to stay proceedings filed by both parties to allow adequate time to discuss settlement. On February 9, 1989, the cause of action entitled Gomez v. Waldron was consolidated with the civil action suit of David Ruiz et al. v. James A. Lynaugh et al.
(Sources include: Gomez, 1987-1989, Texas Department of Criminal Justice, General Counsel's Office Ruiz litigation case files. Archives and Information Services Division, Texas State Library and Archives Commission, (http://www.lib.utexas.edu/taro/tslac/20177/tsl-20177.html, accessed on January 31, 2014).)
Lawrence R. Alberti et al. v. Sheriff of Harris County v. William P. Clements et al. Case History
In 1975, Lawrence Alberti and fellow inmates filed a class action suit on behalf of past, present, and future inmates of Harris County jails against the Harris County Commissioners Court and the Harris County Sheriff's Department alleging that the jails' conditions violated numerous constitutional and statutory provisions. Subsequently the governor of the state of Texas, director of TDC and members of the Texas Board of Corrections (the governing body of TDC), were made third-party defendants in the case to the third-party complaint therein of the Alberti defendants, the sheriff, county judge, and county commissioners of Harris County, Texas, who alleged that the third-party defendants are responsible for overcrowding in the Harris County jail because of TDC's refusal to accept sufficient numbers of convicted felons confined in the Harris County jail and ready for transfer to TDC.
The original district judge conducted extensive hearings and concluded that conditions in the jails were "inhumane." The plaintiffs and the county then entered into a consent decree on February 4, 1975. The decree called for renovations of existing facilities, the development of a new central jail, and improvements in staff and security. The district court retained jurisdiction to issue further interim orders, and shortly thereafter, on December 16, 1975, the court issued a lengthy opinion setting forth broad guidelines for the streamlining of the criminal justice system, the implementation of an effective pre-trial release program, and the improvement of living conditions within the jails.
The county filed a motion for final judgment and permanent injunction on February 20, 1987. Shortly thereafter, on April 28, 1987, the Alberti court appointed three monitors - a special master, a medical monitor-assessor, and a jail monitor-assessor - to periodically inspect the jails and to assess their conditions, to make findings on the county's compliance with its orders, and to determine the maximum capacities of the jails. The monitors issued their first report on October 7, 1987. Of the 18 conditions surveyed, the monitors found full compliance as to nine, partial compliance as to seven, and non-compliance only as to two, medical and dental care and drug and alcohol treatment. The monitors also found that, as of June 1, 1987, the county's jails were only five percent over their design capacity. However, in light of the inordinate delay in achieving substantial compliance, the monitors recommended continued supervision by the Alberti court.
(Sources include: Appeal from the United States District Court for the Southern District of Texas, November 20, 1992, (http://www.ca5.uscourts.gov/opinions/pub/91/91-6062.0.wpd.pdf, accessed on January 31, 2014).)
State v. Eroy Brown Case History
Eroy Edward Brown, an African American inmate with two prior terms in the Texas Department of Corrections, entered Ellis prison in 1977 after being convicted as an accomplice to the armed robbery of a Fort Worth motel. In April 1981, he was charged with the murders of Ellis unit warden Wallace Pack and prison farm manager Billy Moore. Brown did not deny killing Pack and Moore and claimed that he had acted in self-defense. After three trials (the first ending in a mistrial when a single juror held out for conviction), Brown was acquitted - 35 of the 36 jurors who heard the testimony concluded he was not guilty of murder. Brown was freed, but in less than six months after his release, he returned to prison as an accessory to a $12 robbery. He was sentenced to 90 years as a "habitual criminal." He was granted parole in May 2012. Materials found within these files include copies of court filings, inter-office communications, depositions, handwritten notes, blueprints of prison units, and agency statistics.
(Sources include: "The trials of Eroy Brown," The Texas Observer, Michael Berryhill, November 1, 2011 (http://www.texasobserver.org/the-trials-of-eroy-brown/, accessed on January 31, 2014).)
Arrangement
The records arrived at the State Archives in no apparent order. Most of the files within the boxes have been maintained as received from the agency and are not in chronological order. Some minor rearrangement was done by staff to correct obvious misfiles. In addition, several inches of these files were found mixed in with the Texas Department of Criminal Justice General Counsel's Office Ruiz litigation case files. Those files were removed and added to this collection.
Preferred Citation
(Identify the item), Other litigation case files, Texas Department of Criminal Justice General Counsel's Office litigation case files. Archives and Information Services Division, Texas State Library and Archives Commission.
Accession Information
Accession number: 2004/016
These records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Texas Department of Criminal Justice on September 16, 2003.
Restrictions on Access
Because of the possibility that portions of these records fall under Public Information Act exceptions including, but not limited to: social security numbers (V.T.C.A., Government Code, Section 552.117 for government employees, 552.147 for any living person); information about inmates created by the Texas Department of Criminal Justice (V.T.C.A., Government Code, Section 552.134 (information confidential by law, Texas Government Code, Section 508.313)); attorney-client privilege, agency memoranda or attorney work product (V.T.C.A., Government Code, Section 552.107 or 111); and account numbers, access device numbers (V.T.C.A., Government Code, Section 552.136); an archivist must review these records before they can be accessed for research. The records may be requested for research under the provisions of the Public Information Act (V.T.C.A., Government Code, Chapter 552). The researcher may request an interview with an archivist or submit a request by mail (Texas State Library and Archives Commission, P. O. Box 12927, Austin, TX 78711), fax (512-463-5436), email (Dir_Lib@tsl.texas.gov), or see our web page (http://www.tsl.texas.gov/agency/customer/pia.html). Include enough description and detail about the information requested to enable the archivist to accurately identify and locate the information. If our review reveals information that may be excepted by the Public Information Act, we are obligated to seek an open records decision from the Attorney General on whether the records can be released. The Public Information Act allows the Archives ten working days after receiving a request to make this determination. The Attorney General has 45 working days to render a decision. Alternately, the Archives can inform you of the nature of the potentially excepted information and if you agree, that information can be redacted or removed and you can access the remainder of the records.
All of the litigation case files are restricted and must be reviewed by an archivist before they can be accessed for research. Most of the possible exceptions are not noted in the folder inventory because they apply to the majority of the folders; only exceptions that are less obvious are so marked.
Materials do not circulate, but may be used in the State Archives search room. Materials will be retrieved from and returned to storage areas by staff members.
Restrictions on Use
Most records created by Texas state agencies are not copyrighted. State records also include materials received by, not created by, state agencies. Copyright remains with the creator. The researcher is responsible for complying with U.S. Copyright Law (Title 17 U.S.C.).
Technical Requirements
None.
Processing Information
Processed by Laura K. Saegert, September 2003, December 2008
Additional processing and finding aid by Aditi Worcester, January 2014
Box
2004/016-128 Order implementing stipulation providing for witness protection, State v. Brown, April 1, 1982
State v. Brown court filings and documents, 1982, undated
[Folder includes an inter-office communication regarding subpoena duces tecum, a copy of a request for administrative remedy files by a TDC inmate, the resume and deposition of Randolph T. McVey, chief of the litigation support division of TDC in 1981, handwritten notes, and a printed document titled Suggestions to Witnesses.]
Motion for protective order: Eroy Edward Brown, investigative procedures, 1981
[Folder includes court filings, a document titled Investigation of Allegations, and handwritten notes.]
Coble v. TDC: Court filings, 1982
[2 folders]
Coble v. TDC: Copies requested by judge, 1982, undated
[Folder includes scaled down versions of blueprints of prison units living and working areas, handwritten notes, agency statistics, and inter-office communications.]
Coble v. TDC: Memorandum and order, December 20, 1982
Gomez settlement, 1987
[Note: Contains possibly excepted information: attorney-client privilege.]
[Folder includes TDC response to proposed Gomez settlement.]
Freeman et al. v. TDCJ et al. administrative correspondence, 2001
Alberti meeting, 1990, 1994
[Folder includes court filings pertaining to Lawrence R. Alberti et al. v. Sheriff of Harris County v. William P. Clements et al., administrative and legal correspondence, handwritten notes, and agency statistics.]
Sillings v. Bell: Court order, 2012
[Folder includes a copy of the court order regarding initial partial filing fee and collection and payment of full filing fee.]
Encalade v. Livingston: Order, 2012

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