Section 351.0415 of the Local Government Code deals with Sheriff's operating a commissary for prisoners.

For those of you that represent the sheriff's department in your county, do you recall any civil suits being filed against your sheriff regarding the manner in which the commissary is run or regarding the contracting process?

If you have had such a suit or heard of any similar suits in another county:

1. What county are you in or were you in at the time?
2. What county did you hear about that handled the issue?

Thanks!

Tarrant has had some experience in this regard.

Unfortunately, we in Potter County also have had some tribulations with commissary funds and usage. While there have been occasional threats to sue, as a practical matter there is no clear and unambiguous waiver of sovereign immunity in sectin 351.0415, so suits of any merit are likely to be equitable in nature and subject to fairly exacting standing analysis in light of Williams v. Lara (former inmates lack standing to seek injunctive and declaratory relief against jail officials regarding subjection to unconstitutional conduct when inmates are no longer incarcerated). It is the Commission on Jail Standards we fear most. The substantive questions we have most recently faced concern the status of property purchased by the sheriff's department with commissary funds when there is significant question regarding whether the purchased property fits within one of the express purposes for which commissary funds may be expended, as delineated in section 351.0415.

FYI, looks like the Dallas jail commissary situation could result in some action in Austin come January ...

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