After spending almost two decades behind bars, Michael Garrett made the decision to take action and sue the Texas Department of Criminal Justice (TDCJ). He had been deprived of proper sleep for years and was determined to challenge the policies that forced prisoners to make choices between basic necessities like rest, food, and hygiene. Despite being incarcerated since 1994, Michael still had the drive and ambition he had when he was younger and had dreamed of becoming a lawyer. With his education and experience, he was confident in his ability to advocate not just for himself, but for others as well. Michael was determined to make a difference and change the system.
As he reminisces about the past, he recalls a conversation with his mother where he expressed his hopes that his work would eventually lead the prison system to express gratitude towards him. He chuckles as he remembers her emphatic response: “Absolutely not.”
Back in March 2013, while residing at the McConnell Unit in South Texas, Garrett took legal action against TDCJ by filing a federal lawsuit. He argued that the prison’s tightly-packed 24-hour schedule, coupled with frequent security checks, was allowing inmates to get only about four hours of sleep per night, which were constantly interrupted. As a result, he claimed that this prolonged sleep deprivation was seriously affecting his health and was in violation of his Eighth Amendment rights, which safeguard against cruel and unusual punishment.
Garrett faces a nightly battle to achieve and maintain a peaceful slumber. As he rests in his bed, he endeavors to tune out the noises and block out the light, including the chatter of fellow inmates and the movements of the guards. However, the mandatory headcount that occurs a mere few hours after he settles in never fails to disturb his sleep.
During the interview, Garrett exuded confidence despite his medical conditions of migraine headaches, high blood pressure and seizures, as described in his case. He appeared tall and physically robust, with a close-shaven scalp, a mustache and a mid-length beard. One side of his beard was streaked with white. Despite his soft-spoken manner, Garrett spoke with conviction about his case.
For over a decade, Garrett, who is now 54 years old, has been battling against the massive prison system in court.
He began his legal battle by representing himself, but later gained the support of a civil attorney. Impressively, he managed to win the conservative Fifth Circuit’s support for the third time. One of his lawyers claimed that this must be a record. However, three different federal district court judges ruled against Garrett initially. They claimed that there was no constitutional right to sleep in prison and that he could not prove that his medical conditions were caused by sleep deprivation. Furthermore, they stated that TDCJ was not intentionally or wantonly withholding sleep from inmates. Nevertheless, the Fifth Circuit reversed these decisions three times. The circuit judges repeatedly emphasized that Garrett’s concerns could not be unfairly dismissed by the courts.
It’s truly remarkable to note that despite having to conduct his own legal research, writing, and filings from his cell and the prison’s law library during his first civil trial and appeal, Garrett managed to emerge victorious. His determination and resilience are truly commendable. As for his second civil trial, Garrett was fortunate enough to have a criminal defense attorney, Naomi Howard, appointed to him pro bono. Interestingly, this was Howard’s first-ever civil case.
“He’s patient, and he is in it for the long term.”
Garrett’s intelligence and comprehension of administrative and legal processes made the work of his colleague much easier, according to her. She highlighted his successful pro se legal victory in the Fifth Circuit, indicating that he accomplished it without any assistance from her.
According to Howard, the case has persisted due to the sheer will and determination of the individual involved. He possesses a thorough understanding of the rules and is well aware of the challenges that lawyers face. Furthermore, his patience and long-term perspective have played a significant role in keeping the issue alive.
After committing several crimes in Dallas and Collin counties, Garrett was found guilty and received a life sentence. He often recalls Dallas as the place where he “fell out.” Garrett was born in Taos, New Mexico, and due to his father’s service in the Air Force, he moved frequently during his early years. His father, a captain, placed great emphasis on education. Garrett completed his education at Duncanville High School, located in a Dallas suburb, and later attended a few college classes. He expressed his desire to become a lawyer, but his mistakes prevented him from achieving his goal.
As a teenager and young adult, he aspired to become a paralegal and pursued his education in Virginia and Colorado. However, his passion for law never waned, and during his time in prison, he continued to educate himself by taking online law classes. Not content with just using his newfound knowledge for his own case, he sought to help others and eventually became a legal liaison for incarcerated veterans at the Estelle Unit in Huntsville. Today, he assists these veterans with any legal problems they might encounter.
In Texas prisons, there exists a tradition of “writ writers” like Garrett, who navigate the legal system from within and often without the assistance of lawyers. These incarcerated individuals file various petitions and motions related to their own or their fellow inmates’ criminal cases. In some instances, they even initiate lawsuits based on reported civil rights or constitutional violations.
Garrett, a Jewish prisoner, has contributed to advancing lawsuits against TDCJ regarding their restrictions on religious facial hair and special diets. Additionally, he has assisted fellow prisoners in filing briefs or appeals to potentially reduce or overturn their sentences.
In an interview with the Texas Observer, he stated that he believes in following the teachings of the Bible and doing what he can to help others. He acknowledges that he is not flawless, but he always strives to do his best. His aim is to do more good than bad in the world.
According to Garrett, when he was initially incarcerated in the 1990s, the culture of writing writs was thriving. The law library was always full of people, with every single chair occupied by individuals diligently working on typewriters to meet filing deadlines. However, as time has passed, the reputation of writ writers among staff and other inmates has become more complex. Nevertheless, Garrett remains committed to the cause and can often be found in one of the library chairs, working tirelessly to keep the sleep deprivation lawsuit moving forward.
In an interview with the Observer, he expressed his frustration with the prolonged legal battle. “I knew the suit would be a challenging process,” he said. “But I never expected it to drag out for this long.” Despite the years of litigation, he remains convinced that the issue at hand is straightforward and can be resolved by fixing the flawed policy. The Texas Department of Criminal Justice, however, refuses to budge.
While conducting research for their own complaints about the prison’s sleep schedule, other incarcerated individuals became aware of Garrett’s lawsuit. He has assisted some of them in initiating their own grievances related to sleep deprivation.
In the middle of June, the case that Garrett filed against the prison system is still uncertain. Back in March, the Fifth Circuit ruled in favor of Garrett, but it is unclear if the state will pursue an appeal.
Garrett is still dealing with the repercussions at present.
As he settles into his lower bunk bed each night, he makes a conscious effort to find solace. He reflects on a pleasant conversation or reminisces about a memory from his life before imprisonment. Anything to divert his attention from the harsh reality of his surroundings: the constant hum of the fluorescent lights, the clanging of the gates, and the pesky mosquitos that manage to find their way in through the cracks in the windows. In his cramped cell, which he shares with a fellow inmate, he must rely on his imagination to find any semblance of comfort.