Southwest Collection/Special Collections Library, Texas Tech University

Gerard Hennessey:

An Inventory of His Papers, 1989-1998 and undated, at the Southwest Collection/Special Collections Library



Descriptive Summary

Creator Henessey, Gerard
Title: Gerard Hennessey Papers,
Dates: 1989-1998 and undated
Abstract: The Gerard Hennessey Papers consist of a variety of legal material including appeals, briefs, case summaries and related documents, exhibits of evidence, depositions, motions, and a variety of other printed materials
Collection # S 1806.1
Quantity: 4 boxes (4 linear feet)
Language English
Repository: Southwest Collection/Special Collections Library, Texas Tech University

Biographical Sketch

The Gerard Hennessey Papers was donated by the Texas Tech University Law Library to the Southwest Collection, and concerns a Hennessey v. Blalack, a pro se civil rights lawsuit filed in 1992 by Gerard Hennessey (deceased as of 2014) that reached the United States Court of Appeals, 5th District. The defendants were Lubbock County Judge Don McBeath and local Justice of the Peace L. J. Blalack (also deceased as of 2014), et al.

Don McBeath began his local government career in 1981, when he served as chief of staff and chief information officer in the Lubbock County District Attorney’s Office. In 1990, he was elected as Lubbock County Judge, a position he held from 1991 to 1998. There h was responsible for administrative and budgetary oversight of the county, including the county’s hospital, University Medical Center, the teaching hospital to Texas Tech University.

L. J. Blalack was a local justice of the peace in Lubbock, TX throughout the 1990s.

Per the records of the United States Court of Appeal, 5th Circuit: “Hennessey's claims against Lubbock County, Texas (the "County") and Lubbock County Judge Don McBeath center on an altercation between Hennessey and Lubbock County Justice of the Peace L. J. Blalack. Hennessey sought access to complaints filed in Blalack's court by a local attorney. After a heated exchange between Hennessey and Blalack, Blalack charged Hennessey with contempt and requested a deputy sheriff to place him in custody. Before Blalack was escorted out of the courtroom, however, Blalack withdrew the contempt citation and instructed the bailiff to release Hennessey. Blalack later instructed his court clerks to prepare affidavits stating that Hennessey had been loud and abusive. Several clerks subsequently informed law enforcement officers that Blalack "coached" their affidavits. Blalack was later indicted for perjury and false arrest.

Hennessey filed a § 1983 complaint alleging that Blalack's contempt citation violated his constitutional rights and that Blalack conspired with his court clerks to deprive him of his constitutional rights by preparing false and defamatory affidavits. Hennessey also alleged that Judge McBeath and the county conspired with Blalack to violate the civil rights of county residents appearing in Blalack's court. Hennessey alleged that neither McBeath nor the County did anything to help him and other county residents who suffered constitutional deprivations at Blalack's hands. Hennessey further alleged that county officials operated a corrupt enterprise in violation of the Racketeer Influenced and Corrupt Organization Act, 18 U.S.C. §§1961-1968 (RICO).

The district court entered Rule 54(b) orders dismissing most of the defendants and dismissing some of Hennessey's claims against the remaining defendants, including Hennessey's RICO claims. The district court then granted summary judgments against Hennessey on the remaining claims except for Hennessey's claims against the County and McBeath. The court denied the defendants' motions for summary judgment and proceeded to a jury trial on these claims. At the close of the evidence, the court denied the defendants' Rule 50 motions for judgment as a matter of law and submitted the case to the jury. The jury returned verdicts against both defendants and awarded Hennessey $10,000. The defendants then timely renewed their Rule 50 motions. Without explanation, the district court granted the defendants' motions and entered judgment against Hennessey. Hennessey timely appealed.”

http://www.ca5.uscourts.gov/opinions/unpub/94/94-10629.0.wpd.pdf


Scope and Content

The Gerard Hennessey Papers consist of a variety of legal material including appeals, briefs, case summaries and related documents, exhibits of evidence, depositions, motions, and a variety of other printed materials primarily related to the case of Hennessey v. Blalack and others, including Judge Don McBeath heard by the United States Court of Appeals, Fifth Circuit, case 94-10629, in 1995.

One box of cassette recordings in full-size and micro format containing testimony, depositions, and similar information is also included.


Organization

The Gerard Hennessey Papers are organized by the following series: Legal Material, Audio Cassettes, Micro Audio Cassettes.

Restrictions

Access Restrictions

Open for research


Index Terms

The subject headings used by the Southwest Collection/Special Collections Library are derived from the Library of Congress and/or locally developed.
Subjects (Persons)
Blalack, L. J.
Hennessey, Gerard.
McBeath, John.
Subjects (Organizations)
United States. Court of Appeals (5th Circuit).
United States. Racketeer Influenced and Corrupt Organizations Act.
Subjects (Places)
Lubbock (Tex.)
Lubbock County (Tex.)
Subjects
Judges--Texas--Lubbock County.
Justices of the peace—Texas--Lubbock County.
Organized crime--United States.
Racketeering--Law and legislation--United States.

Related Materials in the Southwest Collection/Special Collections Library:


Administrative Information

Preferred Citation

Gerard Hennessey Papers, 1989-1998 and undated, Southwest Collection/Special Collections Library, Texas Tech University, Lubbock, Texas

Acquisition

Collection accession #(s):
2013-0184-A

Gift, 2013

Processed by

William McDonald, 2014


Collection Inventory

Legal material

box folder
1 1 93-c-78, 1994
2 Accepted exhibits, 1991
3 Annual report on judicial conduct, 1995
4 Appeal 94-10372, 1994
5 Appeal briefs and excess pages, 1994
6 Appeal denial 93-9123, 1994
7 Appeal denial class cert, 1994
8 Appeal denial Hearington 93-9092, 1994
9 Appeal Deny Joiner 93-9009, 1994
10 Appeal dismissal 93-10034, 1994
11 Appeal dismissal 93-9015, 1994
12 Appeal dismissal Blalack 94-10373, 1994
13 Appeal dismissal Blalack motion to consolidate, 94-10372 1994
14 Appeal dismissal Blalack motion to reinstate 94-10373, 1994
15 Appeal Nelson 94-10530, 1994
16 Appeal of reversal amended notice of appeal, 1994
17 Appeal of RICO dismissal motion to file brief out of time, 1994
18 Appeal request Pl. Post bond, 1994
19 Appendix to petition for writ of certiorari, 1995
20 Assorted notes, undated
21 Attorney fees, undated
22 Blalack discovery files 1993
23 Brief of appellees Lubbock county and Don McBeath in his official capacity, 1993
24 Brief supporting appeal of denial of reconsideration of RICO claim, 1993
25 Brief supporting appeal of dismissal, 1994
26 Brief supporting interlocutory orders, 1994
27 Case 07-94-0199, 1994
28 Case 10372, 1993
29 Case 10373, 1994
30 Case 93-10372, 1993
31 Case 93-10373, 1993
32 Case 94-10629, 1994
33 Case 93-1808, 1993
34 Case 93-1835, 1993
35 Case 94-10530, 1994
36 Case 95-1541 petition for writ of certiorari, 1996
37 Chivers Appeal, 1994
38 Class action to appeal, 1993
39 Closing and opening arguments, undated
40 Consolidated appeal reply brief and motion to reply, 1994
box folder
2 1 Costs, undated
2 Deposition by Nelson, 1994
3 Der motion stay disc, 1994
4 DM, LC appeal dismissal, 1993
5 DM, LC motion in limine granted, 1994
6 Docket 93-78-c, 1994
7 Docket 93-c-78, 1994
8 Docket 93-cv-330, 1994
9 Docket 94-10034, 1994
10 Exhibit list, undated
11 Exhibits 94-10629, 1991
12 Exhibits A, undated
13 Exhibits AA, 1993
14 Exhibits B, undated
15 Exhibits BB, 1993
16 Exhibits C, undated
17 Exhibits CC, 1993
18 Exhibits D, undated
19 Exhibits DD, 1992
20 Exhibits E, undated
21 Exhibits EE, 1991
22 Exhibits F, 1989
23 Exhibits FF, 1991
24 Exhibits G, 1991
25 Exhibits GG, undated
26 Exhibits H, 1992
27 Exhibits I, 1993
28 Exhibits J, 1991
29 Exhibits K, 1992
30 Exhibits L, 1991
31 Exhibits M, undated
32 Exhibits N, 1991
33 Exhibits O, 1991
34 Exhibits P, undated
35 Exhibits Q, 1993
36 Exhibits R, undated
37 Exhibits S, 1992
38 Exhibits T, 1991
39 Exhibits U, 1993
40 Exhibits V, 1992
41 Exhibits W, 1992
42 Exhibits X, 1992
43 Exhibits Y, 1992
44 Exhibits Z, 1992
45 Flowers appeal dismissal, 1994
46 GH notes, undated
47 GH pretrial, 1994
48 GH response to Nelsons motion summary judgment, 1994
49 Instructions to jury, undated
50 Interreges, JN DG, 1993
51 JM, DG appeal dismissal, 1994
52 JM, PS motion to quash, 1993
53 Lubbock county and D McBeath pretrial, 1994
54 Lubbock legal services, 1994
55 M. Martin appeal notices, 1993
56 McBeath Lubbock County, 1993
57 Motion for protective order vs Nelson, 1994
58 Motion for recross granted, 1994
59 Motion to confirm status as party 94-10372, 1994
60 Motion to file out of time and reinstate 94-10372, 1994
61 Motion to reply, 1994
62 Motion to supplement the record, denied, 1994
63 Nelson dismissal 94-10530, 1994
64 Nelson motion for summary judgment, 1994
65 Nelson pretrial, 1994
66 New orders 5th Circuit, 1995
67 New Orleans dismiss and our stay of mandate, undated
68 Notes, 1994
69 Notes of audio cassettes, 1993
70 Notice of reversal, 1994
71 Objection limine, 1994
box folder
3 1 Oral deposition of Gerard Hennessey, 1994
2 Petition for transcript at govt expense, 1994
3 Plaintiff appellants reply to defendant appellees responses, 1993
4 Pope, 1994
5 Proposed pretrial order, 1994
6 PS, JM, DM, LC, consolidation of appeals granted, 93-1835, undated
7 Records excerpts for 93-10372, 1994
8 Refute findings of facts, 1994
9 Remand, 1995
10 Reply brief supporting appeal of dismissal, 1994
11 Reply to my objection needs to be amended, 1994
12 Response to abstract, 1996
13 Response to appeal brief, 1994
14 Response to Blalack’s order for summary judgment, 1993
15 Response to judgment and motion as a matter of law, 1994
16 Rules of the supreme court of the United States, 1990
17 Statement of facts volume 1 of 3, 1993
18 Statement of facts volume 2 of 3, 1993
19 Statement of facts volume 3 of 3, 1993
20 Statement of facts, 1993
21 Substitute Counsel Lubbock and Attorney General, 1993
22 Supplemental instructions to jury, 1994
23 Texas Rules of court, 1991
24 The southwestern legal foundation, 1993-1994
25 Transcript Blalack, undated
26 Trial briefs and motions, 1994
27 Trial TX and U.S. law, 1994
28 Various appeals for dismissal, 1994
29 Vega, Joiner motion to quash, 1993
30 Witness list subpoenas, undated



Audio Visual Materials

Audio Cassettes
box folder
4 1 Blalack enhanced, 1993
2 Untitled, undated
Micro Audio Cassettes
box folder
4 1 Angela Connell, 1993
2 Autopsy Death threat, swim saga, 1993
3 Blackburn and Farmer, 1993
4 Blackburn to Tom Head, 1993
5 Blalack, roof, 1993
6 Board of public accounts, 1993
7 Bri Cambodia, 1993
8 Bribe, Hanson, 1993
9 Edmands, Sec, 1993
10 Fibretech, 1998
11 Fibretech, 1998
12 Genrad, 1997
13 Gloria Carpetillo, 1993
14 Greathouse and Neil, 1993
15 Grigg, Neal, 1993
16 Hanson and Sam, Capetillo, Neal, 1993
17 Hanson, 1983
18 Harris Hanson Linda, 1993
19 Hutchins, Eubanks, Jones, 1993
20 Insurance agent, 1993
21 J. Young subpoena, undated
22 John Neal, 1993
23 John Young, 1993
24 Knowles, J. P., 1993
25 Lillian Gonzales, 1993
26 McEachern, Knowles, 1993
27 McEachern, Castor, Connie, Prcin, 1993
28 Nobby, Fibretech, 1996
29 Pool, 1993
30 Reference Letter and Sam, 1993
31 Sandra Warren, 1993
32 Simond Tift Mary, 1992
33 Tech Answering Machine, 1993
34 Tony Hutch, Attny O’Conner, 1993
35 Truck Driver, Chris Traylor, 1993
36 Untitled, undated
37 Untitled, undated
38 Vince Pritchard, 1993