Paying the Piper

I have a son currently in the Lew Sterret Jail. He has been there since October 5, 2005 awaiting trial. He has written me many times about the conditions at the jail. Today I received a letter I would like for you to read. It talks of guards kicking the ill, that cannot respond to them...
email me and perhaps I can fax this letter to you..or maybe read it to you.
Why, after failing inspections, complaints, lawsuits and deaths is this continuing?

My name is Daniel Montes, Jr., a US born citizen and taxpayer in the County of Dallas. I do have a pending federal civil rights case now before the United States Supreme Court as case number #07-10 (Montes v. Ransom et al) against Jeffrey P. Ransom (Dallas PD), Demarquis F. Black (Dallas PD), Willie Faye Washington (Dallas Co jail supervisor), David Bonner (Dallas Co. jail supervisor), and Glen Garrison (Dallas Co jailer to be added). This case includes the medical and supervisory faults at the Dallas Co jails leading to injuries to inmates. The Mims and other cases were settled, but nothing has changed as to policy. My case, I intend change at the jail. If you have any questions to email me at danielmontesjr@hotmail.com. The case is set for conference Sept 24th and we should have an answer by Sept 25th from the US Supreme Court if my case is granted cert. Give the defendants a call, or maybe the Dallas Chief of Police Kunkle, or Sheriff Valdez, counsel Dolena T. Westergard for the county defendants or James Bickford Pinson counsel for the City defendants, of course not one will talk about it because it is pending. I on the otherhand will answer each and every question. Evidence such as affidavits, color photos, videotape, etc. is filed with the USDC NDTX #3:04CV1027B, the case can be viewed on PACER. The Fifth Circuit case number was #05-11206.
Thank you,
/s/ Daniel Montes, Jr., plaintiff.

This case is now before the United States Supreme Court, styled Daniel Montes, Jr. vs. Jeffrey P. Ransom, Demarcus F. Black, Willie Faye Washington, David Bonner, as case #07-10. The Supreme Court ordered response briefs to be filed by each and every defendant by October 29th, 2007. Apparently, something in my petition made sense to them. Opposing counsel called me and congratulated me that the Court accepted my case. I told him that we are not done, yet. I have found counsel that is wishing to take my case now, but I told counsel that I can handle it on the briefing and oral argument. I will retain counsel upon remand for the jury trial back in Dallas. This case is about First amendment retaliation, excessive force, denial of medical care, conspiracy to violate civil rights, etc. We have video tape, color photos, eyewitnesses, actual physical injuries, etc. The individual defendants, federal trial court and 5th Circuit court of appeals, decided that I failed to prove my excessive force case of overtight handcuffs over 4 hours with notice given, because I failed to prove that I suffered a more than deminimus physical injury. Hello. Several other federal circuits have established that overtight handcuffs with notice is clearly actionable regardless of injury, but in the 5th Circuit you must suffer a more than deminimus injury before you have a cause of action. It is most apparent that the 5th Circuit IGNORES Supreme Court precedence in Hope v. Pelzer and Graham v. Conner. Anyway since when is $1400 dollars of emergency medical care describe a deminimus injury? That is my position. This case is going to be remanded for jury trial on the merits. Also, this case is about the lack of medical care in the Dallas County jail. The jail has untrained staff making medical judgments, fails to give your prescribed medicine to you, turn off your water to your cell until you are dead, uses excessive force on pretrial detainees with overtight handcuffs and restraining chairs until they are injured, etc. The Mims case was settled, but nothing changed at the jail. I, on behalf of the public demand a change in jail policy to come into conformance with the constitutional rights of pretrial detainees. Don't bother calling the Dallas Chief of Police Kunkle, Dallas County Sheriff Valdez, Dallas County Judge Margaret Keihler, Dallas County District Attorney Craig Watkins or Dolena T. Westergard, City of Dallas Attorney James Pinson or Jason Schuette, US Attorney for the Northern District of Texas, or any of the defendants because they won't answer one question that you may ask them about this case. I on the other hand have nothing to hide and if you have any questions to email or give me a call anytime. Thank you, Daniel Montes, Jr., plaintiff pro se, danielmontesjr@hotmail.com, 214-708-4007. P.S. Judge Thomas G. Jones, a JP judge in SE Dallas is under investigation by the Texas Commission on Judicial Conduct for various complaints, recently featured in the Dallas Morning News and was a defendant in THIS case.

The federal case was dismissed, but the case was refiled on January 11th, 2008, with the 68th Texas District Court, Judge Martin Hoffman presiding, case #08-00304. These defendants are still not off the hook. To stop police misconduct is to sue them and hold them accountable. Do not depend on internal affairs or the police board. They both cover the city and its employees. The courts is the balance between the citizens and the government and its agents. If you have any questions to call me at 214-708-4007. Thank you, Daniel Montes, Jr.