All eyes are on the 5th Circuit Court of Appeals as we move into summer.
Most urgently of course, we wake up every day hopeful that the court will choose to affirm Judge Brady’s ruling that overturned Albert’s conviction for a third time. Although there is no way to know when they will rule, the average decision wait time is 10 months, so we expect word soon, and certainly by early fall.
Meanwhile, the landmark A3 civil case seeking to define long term solitary confinement as cruel and unusual punishment carries on through Robert and Albert since Herman’s passing. Final preparation and definite trial dates for the civil case remain frozen pending resolution of two appeals the State has filed with the 5th Circuit contesting two of Judge Brady’s recent decisions in A3’s favor.
The first appeal seeks to reverse Federal District Court Judge Brady’s ruling that prison officials are not eligible for “qualified immunity,” a status which would shield them from having to pay damages if they lose the case. The second appeal seeks to reinstitute the invasive, inhumane strip searches Albert endured until Judge Brady ruled them unconstitutional and unnecessary this past January.
Once both appeal rulings are decided, the dates for the trial will be set, taking into consideration how much preparation time each side still needs (at least a few more months), and when the court is able to reschedule. We will keep everyone updated on all fronts as things develop.
source: Angola 3 Newzletter