Monday, July 04, 2011

Guadalupe M. Guajardo, Jr.

Guadalupe Guajardo, Jr., Et Al., Plaintiffs-Appellees, Cross-Appellants, v. W. J.
Estelle, Jr., Director, Texas Department of Corrections, Et Al.,
Defendants-Appellants, Cross-Appellees., 580 F.2d 748 (5th Cir. 1978)

John L. Hill, Atty. Gen., Gilbert J. Pena, Asst. Atty. Gen., Ed Idar, Jr., Sp. Asst.
Atty. Gen., Nancy M. Simonson, Asst. Atty. Gen., David M. Kendall, Jr., 1st
Asst. Atty. Gen., Daniel E. Maeso, Asst. Atty. Gen., Austin, Tex., for
plaintiffs-appellees, cross-appellants.

Ann Lents, Harry M. Reasoner, John L. Carter, Scott J. Atlas, Houston, Tex.,
for defendants-appellants, cross-appellees.

Appeals from the United Stated District Court for the Southern District of
Texas.

Before THORNBERRY, RONEY and HILL, Circuit Judges.

THORNBERRY, Circuit Judge:

In 1971 plaintiff Guadalupe Guajardo, an inmate of the Texas Department of
Corrections, filed suit under 42 U.S.C. 1983 on behalf of himself and other TDC inmates to challenge the constitutionality of the TDC correspondence rules and
practices then in effect. The district court found a number of the TDC rules
constitutionally invalid and ordered injunctive relief. Guajardo v. McAdams,
349 F.Supp. 211 (S.D.Tex.1972). On appeal the Fifth Circuit reversed and
remanded, holding that the Texas Department of Correction's rules and
regulations applied statewide and could be enjoined only by a three-judge
court. Sands v. Wainwright, 491 F.2d 417 (5 Cir. 1973), Cert. denied, 416 U.S. 992 ,
94 S.Ct. 2403, 40 L.Ed.2d 771 (1974)
________________________________________________________________________________________

Dear Prison support community and advocates for constitutional law:

This is but the initial opening to Guadalupe Guajardo, Jr., et. al. v.
W.J. Estelle, Jr., TDCJ, et. al., (5th Cir. Ct. 1978), you can read
the entire text at:
(http://federal-circuits.vlex.com/vid/guadalupe-guajardo-estelle-corrections-36893042);
if you care to.

Suffice it to say, from beginning in 1971, right through the 80’s and 90’s the state fought tooth and nail with all their oil-rich Texas Attorney General Office’s legal firepower that they could muster to derail Guajardo v. Estelle, which was eventually overruled in the later part of (Spring) 2003, what with the 9/11 hysteria being
implemented in all U.S. prison systems to return the TDCJ (Texas Department of
Criminal Justice) to banning “prisoner-to-prisoner” correspondence; except in
pre-arranged legal contacts.

“Gee-Gee”, as I’ve referred to him in respect to the above ban when communicating through my Legal Collective, or “Lupe”, has recently suffered a serious stroke that has left his left side and arm paralyzed, to what extent a close friend at the Carol S. Young Medical Facility Complex,

Roddy Pippin, himself a Diabetic sufferer like Guadalupe, didn’t
elaborate much.

So, out of respect to all the current and past Pro Se indigent Petitioners and writ writers in the TDCJ-CID, the Cruz’; the Ruiz’ the Hernandez’; the Millers; ad infinitum; I want to put out this shout-out to y’all to send Gee-Gee a short note of
admiration and respect he truly deserves for all his efforts made on behalf of
all similarly situated comrades powerless to stop the Texas Plantation-Machine
Factory as a tireless legal warrior.

You can write both Roddy Pippin, who reads to him and has been caring
for Lupe since he’s returned to Carol S. Young; Lupe has helped Roddy
immeasurably in his own appeals; at:

Guadalupe M. Guajardo, Jr.,

TDCJ-CID#
170864,

Carol S. Young Medical Facility Complex,
5509 Attwater Avenue,
Dickinson,
Texas 77539-4157

Roddy A. Pippin, TDCJ-CID# 1276478,

can be reached there too.

Thanks,
in the struggle in and out of court

Twitch – Entropy,

Central Texas ABC,
Austin, Texas

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