80R13123 LJW-F
 
  By: Deshotel H.C.R. No. 177
 
 
 
CONCURRENT RESOLUTION
         WHEREAS, Michael "Ricky" Spencer and Mary Walker, both
  individually and as next friend for their son, Michael Walker,
  allege that:
               (1)  Michael Walker was a 20-year-old inmate at the
  Ferguson Unit, a low-security facility for first offenders, located
  in Midway, Texas, under the jurisdiction of the Texas Department of
  Criminal Justice;
               (2)  Michael Walker was placed in a cell with Wilbert
  James Hamilton, a 35-year-old man who was serving time at the
  Ferguson Unit and whose criminal record shows convictions for
  voluntary manslaughter, arson, and aggravated assault;
               (3)  on or about July 13, 2006, Michael Walker had been
  at the Ferguson Unit for approximately two months when he was found
  dead in his cell, strangled and beaten so badly that it took 16
  hours to "put him back together" for an open casket funeral;
               (4)  Wilbert James Hamilton is the only suspect, since
  he was the only other person in the cell with Michael Walker;
               (5)  the Texas Department of Criminal Justice is
  responsible for the safety of the prisoners in its system, and
  Michael Walker should not have been placed in a cell with a violent
  inmate such as Wilbert James Hamilton;
               (6)  defects in the Texas Department of Criminal
  Justice housing and classification systems, facility overcrowding,
  understaffing, lack of oversight, and failure to exercise timely
  intervention contributed to the death of Michael Walker; and
               (7)  Michael "Ricky" Spencer and Mary Walker are
  entitled to an award of damages, court costs, attorney's fees, and
  prejudgment and postjudgment interest at the highest rate allowable
  by law, the total of which may not exceed $1.2 million; now,
  therefore, be it
         RESOLVED by the Legislature of the State of Texas, That
  Michael "Ricky" Spencer and Mary Walker, both individually and as
  next friend for their son, Michael Walker, are granted permission
  to sue the State of Texas and the Texas Department of Criminal
  Justice for any applicable cause of action subject to Chapter 107,
  Civil Practice and Remedies Code; and, be it further
         RESOLVED, That the payment of any amount awarded in a suit
  authorized by this resolution is contingent upon appropriations for
  that purpose; and, be it further
         RESOLVED, That the executive director of the Texas Department
  of Criminal Justice and the attorney general be served process as
  provided by Section 107.002(a)(3), Civil Practice and Remedies
  Code.