Felon serving life sentence takes online law classes to sue Texas prison

A felon serving a life sentence has dedicated his time behind bars to completing online law classes as he fights the Texas prison system over sleep deprivation.  

Michael Garrett, 54, who has been in jail since 1994, sued the Texas Department of Criminal Justice (TDCJ) more than a decade ago over what he claims is 'cruel and unusual punishment' and in violation of his Eighth Amendment rights.

Garrett, who was convicted of aggravated robbery with a loaded weapon, aggravated sexual assault and theft, says that in any one 24-hour period, the prison's schedule is so full of frequent security checks that he is lucky if he manages to get four hours of sleep a night.

Bedtime comes at 10:30pm when it's time to lock up in his 9-by-5-foot cell that he shares with another inmate.

The men go to their cells and get into bed, but he says the bright lights from the hallway flow in, heavy doors slam and gates shut, while neighbors can be heard chatting, yelling out or listening to radios. 

Michael Garrett, 54, who has been in jail since 1994, has sued the Texas Department of Criminal Justice over what he claims is 'cruel and unusual punishment' over a lack of sleep

Garrett is serving a life sentence at Estelle Unit in Huntsville, Texas

At 1am, the men are woken up for a headcount to which they must respond verbally to the guards.

If they are able to fall asleep after that, they are woken up once again at 2am for breakfast with the rest of the day full of programming, check-ins, and appointments.

Aside from the light and noise from other prisoners in the Estelle Unit in Huntsville, Texas, together with the comings and goings of prison guards, Garrett says that only hours after he closes his eyes, he is awoken by yet another head count. 

As a result of the constant interruptions throughout the night, Garrett says he is now suffering from migraines, high blood pressure, and seizures.

In the hope that he might somehow be able to change the schedule and force the the prison to allot six hours of scheduled sleep time each night, he took matters into his own hands with a series of online law classes. 

Garret's knowledge of the law has impressed even seasoned lawyers. The courts have dismissed his case three times. He wants to see a change in the prison schedule to allow for six hours of sleep

There are noises of heavy doors slamming and gates shutting, while neighbors can be heard chatting, calling out or listening to radios making sleep extremely difficult

An inmate 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 was well enough equipped with the proceedings of law to represent himself.

Eventually, a civil attorney helped prepare his case but federal district court judges ruled against Garrett three times.

Incredibly, the convicted felon's dogged determination as seen him win on appeal in the higher court, managing to get the conservative Fifth Circuit to side with him three times.

Garret's knowledge of the law has impressed even seasoned lawyers. 

'He knows the rules. He knows the hurdles that lawyers face. He's patient, and he is in it for the long term,' criminal defense attorney, Naomi Howard, told the Texas Observer. 'I mean, the man survived the Fifth Circuit without any help from me.'

Throughout, Garrett has conducted his own legal research, writing, and filings from his prison cell and the prison's law library. 

In his lawsuit, Garrett accused the TDCJ of 'intentionally' or 'wantonly' withholding sleep from inmates and that he only wants a simply change in prison policy.

But the court said there is no constitutional right to sleep in prison. The judges also say that he is unable to prove the medical conditions he is suffering are directly related to hi lack of sleep. 

'I knew [the suit] was going to be a long road. But I didn't think it was going to be this long.' he told the Observer.