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Reputed Texas Mexican Mafia founder files lawsuit against Colorado Supermax warden

May 15, 2017  |  Posted by: Francesca Falzarano
Reputed Texas Mexican Mafia founder files lawsuit against Colorado Supermax warden

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The founder and head of the Texas Mexican Mafia has filed a lawsuit against the warden of Supermax in Florence and the U.S. prison system alleging that he has been kept in solitary confinement for 22 years on false pretenses.

The civil suit was filed last week in U.S. District Court in Denver on behalf of Heriberto “Herb” Huerta by Texas lawyer Jerold Friedman.

According to the Denver Post, the lawsuit contends that Huerta has been held on erroneous claims of drug abuse and for his protection.

The lawsuit names the U.S. Federal Bureau of Prisons; FBI agent Martin Martinez; John Oliver, the warden of the Administrative Maximum U.S. Penitentiary (also referred to as Supermax) in Florence; along with other Supermax employees as defendants.

Reputed Texas mafia founder Heriberto ‘Herb’ Huerta sues Colorado Supermax warden

Huerta is seeking $4.5 million in damages. He also is requesting a judge order that he be transferred back to the general inmate population.

The founder of the Texas Mexican Mafia has remained in solitary confinements since 1994 without due process, his civil lawsuit states. Officials have made up evidence against him and retaliated against him, the lawsuit continues.

Huerta, who is serving a life sentence for racketeering, is the president of Mexikanemi (Texas Mexican Mafia), which was established in 1984 in San Antonio.

The shot-caller was at the U.S. Penitentiary at Leavenworth, Kansas in May of 1994 when he was transported from a general population cell block to the Special Housing Unit. Huerta was sent to the unit, where inmates are punished for violations, after a confidential informant reported a threat on Huerta’s life.

Prison gang experts say members of the Mexican Mafia in Texas tend to sport distinct tattoos rich with Aztec imagery

Prison Lieutenant E. Pierce purportedly told Huerta at the time that he knew the threat was bogus and that “top government officials” in Washington, D.C., wanted him in isolation.

Six months later Huerta was brought to the U.S. Penitentiary in Marion, Illinois after he reportedly used drugs. That lawsuit argues that was a false claim. Then, in March 1995, Huerta was brought to Supermax in Florence.

He has been mostly kept in isolation without a placement hearing “to punish and torture him” since then, even though Huerta has passed drugs tests on a monthly basis. Huerta also maintains that he was wrongly accused of money laundering through his commissary account.

Huerta, a “model prisoner,” has taken part in all programs available, but has not been placed in a step-down program that would lead to his transfer to the general population, the lawsuit added.

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