The U.S. Supreme Court issued an opinion this morning that reversed the 5th Circuit’s finding that Texas prison guards were immune from suit for torturing an incarcerated man by forcing him to sleep on a floor covered in sewage. Trent Taylor can now proceed with his lawsuit.
In September 2013, Texas prison guards placed Trent Taylor in a cell that was covered, ceiling to floor, in “massive amounts of feces.” Taylor did not eat or drink for nearly four days, fearing that his food would be contaminated in the filthy cell.
Prison guards then moved Taylor into a freezing cold cell that did not have a toilet. There was only a clogged drain in the floor. Taylor held his bladder for over 24 hours but eventually involuntarily relieved himself. Raw sewage backed up from the drain and covered the floor.
There was no bunk in the cell and Taylor was confined without any clothes, so he was forced to sleep naked on the floor in raw sewage.
Before placing Taylor in the first feces-covered cell, a guard told Taylor that he was about to have “a long weekend.” Another guard, upon moving Taylor to the frigid cell with no toilet, said that he hoped Taylor would “f***ing freeze.”
The 5th Circuit ruled that these conditions were a violation of the 8th Amendment’s prohibition against cruel and unusual punishment, but also reached the bizarre conclusion that a reasonable prison guard wouldn’t know that these actions were unconstitutional.
The U.S. Supreme Court summarily reversed the 5th Circuit this morning and ruled that any reasonable prison guard would know that it is unacceptable to force an incarcerated person to spend six days in these deplorable conditions.
Trent Taylor’s civil rights lawsuit against the Texas Department of Criminal Justice and the individual guards will now proceed in federal district court. The Supreme Court case is Trent Michael Taylor v. Robert Riojas et al.
No human being deserves to be treated the way that the Texas prison system treated Trent Taylor. Unfortunately, these situations are all too common in prisons across the United States. Guards and supervisors are seldom held accountable, but this is one righteous exception.

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More from @helenprejean

5 Oct
The U.S. Supreme Court began a new term this morning. The Court declined to hear a case involving serious questions about prosecutorial conduct. Justice Sotomayor issued a statement reaffirming that prosecutors should be more interested in achieving justice than winning cases.
The case in question was Kaur v. Maryland. Raminder Kaur raised a question of ineffective assistance of counsel on appeal. The trial court ordered her attorneys to turn over everything in their files, including privileged conversations between Ms. Kaur and the attorneys.
As a result, prosecutors were able to read almost everything that Ms. Kaur had said to her attorneys in confidence as well as defense investigation reports and the defense attorneys' trial strategy plans.
Read 11 tweets
5 Oct
In his new encyclical letter Fratelli Tutti, @Pontifex writes that the death penalty is a "false answer" that "does not resolve the problems [it is] meant to solve" and introduces "new elements of destruction in the fabric of national and global society."
Pope Francis writes that "there can be no stepping back" from the Catholic Church's now-unequivocal stand against the death penalty. "Today we state clearly that 'the death penalty is inadmissible' and the Church is firmly committed to calling for its abolition worldwide."
Pope Francis also makes the keen observation that "fear and resentment can easily lead to viewing punishment in a vindictive and even cruel way, rather than as part of a process of healing and reintegration into society."
Read 6 tweets
1 Oct
Gov. @GavinNewsom signed several important racial justice bills into law today. These new laws are important steps toward improving the fairness of California’s justice system and beginning to right some wrongs done under racially biased laws of the past. @CAgovernor
Last year, Gov. Newsom restored the right of formerly incarcerated people to participate in the legal process as jurors. Today, Gov. Newsom expanded the source lists used to form pools of potential jurors - now those with California IDs, registered voters, and state taxpayers.
Jury service is the community’s means of exercising a check on prosecutorial discretion and overreach. A jury’s verdict is only fair when the pool of potential jurors accurately reflects the broader community. This new law will help make that true in California.
Read 5 tweets
17 Sep
COVID-19 is creating major difficulties for lawyers working on appeals in death penalty cases. Some judges are understanding while other judges refuse to grant any extensions. One federal judge in Arizona took it to a new level in a harsh order issued earlier this month.
Senior District Judge Neil Wake admonished lawyers representing an Arizona death row prisoner for requesting more time to investigate the case due to COVID-19 restrictions. The lawyers argue that they need more time to do their jobs properly under the circumstances.
Judge Wake claims that it is acceptable to go forward with a hearing even when lawyers have not been able to communicate with their client due to prison access restrictions. Judge Wake also claims that American Bar Association guidelines for legal representation are optional.
Read 8 tweets
8 Sep
I raise my voice in fervent opposition to the National Catholic Prayer Breakfast's scandalous offer of an award to Attorney General Barr for his "exemplary Christlike" behavior. I urge the group to immediately rescind their inivtation, and I urge anyone reading this to join me.
What is Christlike about a Catholic believer using his discretionary power as Attorney General to undertake a series of speedy federal executions? In contrast, those in power before him for 17 years chose not to seek death.
It has been solely at the direct command of A.G. Barr that five human lives have already been snuffed out, and two other persons—William LeCroy and Christopher Vialva—await almost certain death in a couple of weeks.
Read 7 tweets
30 Aug
Farewell Julia Reed.

In Julia Reed’s passing on August 28, 2020, we lost a force of nature, and I lost a friend, though to look at us and our different life styles, you couldn’t have two more different human beings. Image
She, hosting lavish drinking and dining parties for wealthy friends and as an accomplished journalist, on a regular basis producing laser-insightful, wickedly funny articles about Southern culture, including corrupt yet charming Southern politicians…and me, a Catholic nun.
Nor was she exactly keen to meet me or read the pre-publication manuscript of Dead Man Walking proffered her by my editor at Random House, Jason Epstein.
Read 11 tweets

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