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CONCURRENT RESOLUTION
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WHEREAS, Michael "Ricky" Spencer and Mary Walker, both |
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individually and as next friend for their son, Michael Walker, |
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allege that: |
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(1) Michael Walker was a 20-year-old inmate at the |
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Ferguson Unit, a low-security facility for first offenders, located |
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in Midway, Texas, under the jurisdiction of the Texas Department of |
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Criminal Justice; |
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(2) Michael Walker was placed in a cell with Wilbert |
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James Hamilton, a 35-year-old man who was serving time at the |
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Ferguson Unit and whose criminal record shows convictions for |
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voluntary manslaughter, arson, and aggravated assault; |
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(3) on or about July 13, 2006, Michael Walker had been |
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at the Ferguson Unit for approximately two months when he was found |
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dead in his cell, strangled and beaten so badly that it took 16 |
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hours to "put him back together" for an open casket funeral; |
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(4) Wilbert James Hamilton is the only suspect, since |
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he was the only other person in the cell with Michael Walker; |
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(5) the Texas Department of Criminal Justice is |
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responsible for the safety of the prisoners in its system, and |
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Michael Walker should not have been placed in a cell with a violent |
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inmate such as Wilbert James Hamilton; |
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(6) defects in the Texas Department of Criminal |
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Justice housing and classification systems, facility overcrowding, |
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understaffing, lack of oversight, and failure to exercise timely |
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intervention contributed to the death of Michael Walker; and |
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(7) Michael "Ricky" Spencer and Mary Walker are |
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entitled to an award of damages, court costs, attorney's fees, and |
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prejudgment and postjudgment interest at the highest rate allowable |
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by law, the total of which may not exceed $1.2 million; now, |
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therefore, be it |
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RESOLVED by the Legislature of the State of Texas, That |
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Michael "Ricky" Spencer and Mary Walker, both individually and as |
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next friend for their son, Michael Walker, are granted permission |
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to sue the State of Texas and the Texas Department of Criminal |
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Justice for any applicable cause of action subject to Chapter 107, |
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Civil Practice and Remedies Code; and, be it further |
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RESOLVED, That the payment of any amount awarded in a suit |
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authorized by this resolution is contingent upon appropriations for |
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that purpose; and, be it further |
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RESOLVED, That the executive director of the Texas Department |
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of Criminal Justice and the attorney general be served process as |
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provided by Section 107.002(a)(3), Civil Practice and Remedies |
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Code. |