Felon serving life sentence takes online law classes to sue Texas prison
A felon serving a life sentence is spending his time behind bars taking online law classes while battling the Texas prison system over sleep deprivation.
Michael Garrett, 54, who has been in prison since 1994, filed a lawsuit more than a decade ago against the Texas Department of Criminal Justice (TDCJ) alleging what he describes as “cruel and unusual punishment” and a violation of his Eighth Amendment rights.
Garrett, who was convicted of aggravated robbery with a loaded weapon, aggravated assault and robbery, says the jail is so packed in a 24-hour period with frequent security checkpoints that he’s lucky if he gets four hours of sleep a night.
At 10:30 p.m. it is bedtime and time to lock up the 2.7 by 1.5 meter cell he shares with another inmate.
The men go to their cells and crawl into bed, but he says the bright light streams in from the hallway, heavy doors slam and gates close, while you can hear the neighbors chatting, shouting or listening to the radio.
Michael Garrett, 54, who has been in prison since 1994, has sued the Texas Department of Criminal Justice for what he describes as “cruel and unusual punishment” over a lack of sleep
Garrett is serving a life sentence in the Estelle Unit in Huntsville, Texas
At 1 a.m. the men are woken up for a count, during which they must respond verbally to the guards.
If they can fall asleep after that, they are woken up again at 2am for breakfast. The rest of the day is then filled with programs, check-ins and appointments.
Besides the lights and noise of other inmates at the Estelle Unit in Huntsville, Texas, and the comings and goings of guards, Garrett says he wakes up just hours after he closes his eyes to a new count.
Due to the constant interruptions throughout the night, Garrett says he now suffers from migraines, high blood pressure and seizures.
Hoping he could somehow change the schedule and force the prison to schedule six hours of sleep each night, he took matters into his own hands by taking a series of online law classes.
Garret’s knowledge of the law has impressed even seasoned attorneys. The courts have dismissed his case three times. He wants to see a change in the prison schedule to allow six hours of sleep
There are sounds of heavy doors slamming and gates closing, while you can hear the neighbors talking, shouting or listening to the radio, making sleeping extremely difficult
A prisoner works on a computer in his cell in the administrative segregation wing of the Estelle Unit (file photo)
His first lawsuit against the TDCJ was filed in 2013 and he was well equipped with the legal procedures to defend himself.
Ultimately, an attorney helped him prepare his case, but federal district judges ruled against Garrett three times.
Incredibly, the convicted criminal’s determination saw him win an appeal in court and successfully argue the case. conservative judge in the Fifth Circuit sided with him three times.
Garret’s legal knowledge has impressed even seasoned attorneys.
“He knows the rules. He knows the obstacles that lawyers face. He’s patient and he’s in it for the long haul,” criminal defense attorney Naomi Howard told the Texas Observer. “I mean, the guy survived the Fifth Circuit case without any help from me.”
Garrett has conducted his own legal research, writing, and filing documents from his cell and the prison’s law library throughout the process.
In his lawsuit, Garrett accused the TDCJ of “intentionally” or “willfully” depriving inmates of sleep and that he only wants a simple change in prison policy.
But the court said there is no constitutional right to sleep in jail. The justices also said he could not prove that the medical conditions he suffers from are directly related to his sleep deprivation.
‘I knew [the suit] was going to be a long road. But I didn’t think it would take this long,” he told the Observer.