law-prisoner inmate litigation | Chapter 14 of the CPRC | pro-se litigation | pro se litigants |
INMATE LITIGATION SUBJECT TO DIFFERENT STANDARDS
A court may dismiss an inmate claim if it finds the claim to be frivolous or malicious. Tex. Civ. Prac. & Rem.
Code Ann. § 14.003(a)(2) (Vernon 2002); Retzlaff v. Texas Dep't of Criminal Justice, 94 S.W.3d 650, 653 (Tex.
App.- Houston [14th Dist.] 2002, pet. denied). A claim is frivolous if it has no basis in law or fact. Id. Trial
courts are given broad discretion in determining whether a case should be dismissed because: (1) prisoners
have a strong incentive to litigate; (2) the government bears the cost of an in forma pauperis suit; (3) sanctions
are not effective; and (4) the dismissal of unmeritorious claims accrues to the benefit of state officials, courts,
and meritorious claimants. Retzlaff, 94 S.W.3d at 653. When a trial court dismisses a claim without conducting
a fact hearing, the dismissal can be affirmed on appeal only if the claim has no arguable basis in law. Id.
Therefore, our review of whether a claim is legally cognizable is de novo. Id.
Gentry v. HPD (Tex.App.- Houston [14th Dist.] Jul. 16, 2009)(Anderson) (inmate litigation, pro se, IFP,
dismissal of inmate suit without a hearing affirmed)
AFFIRMED: Opinion by Justice Anderson
Before Justices Anderson, Guzman and Boyce
14-08-01094-CV Frankie R. Gentry v. Houston Police Department
Appeal from 280th District Court of Harris County
Trial Court Judge: TONY LINDSAY
PRO SE IFP PRISONER SUITS | INMATE LITIGATION AND APPEALS
Haines v. Sheeley (Tex.App.- Houston [14th Dist.] Mar. 18, 2010)(per curiam)
(inmate litigation, Chapter 14 of CPRC)
Appellant Rodney Steve Haines, appeals the dismissal of his suit under Chapter 14 of the Texas Civil Practice
and Remedies Code. See Tex. Civ. Prac. & Rem. Code Ann. §§ 14.001-.014 (Vernon 2002). In one issue, he
asserts that the trial court abused its discretion in dismissing his suit. We affirm.
AFFIRMED: Per Curiam
Before Chief Justice Hedges, Justices Anderson and Christopher
14-09-00064-CV Rodney Steve Haines v. Mary K. Sheeley, Correctional Warden
Appeal from 87th District Court of Freestone County
[Name of trial judge not shown on appellate docket]
Washington v. TDJA-ID (Tex.App.- Houston [1st Dist.] Oct. 29, 2009)(Jennings) (inmate litigation, prisoner's pro
se suit dismissed, noncompliance with disclosure requirements re prior law suits)(trial court's order dismissing
case for "want of prosecution" and for "lack of merit" affirmed)
AFFIRM TC JUDGMENT: Opinion by Justice Jennings
Before Justices Jennings, Higley and Sharp
01-06-01188-CV Michael G. Washington v. TDJC-ID AGCY
Appeal from County Civil Court at Law No 2 of Harris County
Trial Court Judge: Hon. Gary Michael Block
Smith v. State of Texas (Tex.App.- Houston [14th Dist.] Sep. 17, 2009) (inmate suit dismissed)
AFFIRMED: Per Curiam
Before Justices Anderson, Guzman and Boyce
14-09-00057-CV Trent Alvon Smith v. The State of Texas, Nathaniel Quarterman, Alfred C. Janicek, Jr., Michael
D. Barnett, Kenzie A. Bond, and Pedro M. Boykin
Appeal from 278th District Court of Walker County
Name of trial court judge not shown on appellate docket
Kennedy v. Steen (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. By Brown)
(prisoner suit, pro se litigants, IFP litigation)(inmate suit against judges dismissed)
AFFIRMED: Opinion by Justice Brown
Before Justices Frost, Brown and Boyce
14-08-00603-CV Michael Kennedy v. Charles Steen and Detective Munniz, in their individual and official
capacity Appeal from 3rd District Court of Anderson County
Anthony v. Owens (Tex. App. - Houston [14th Dist.] Jul. 7, 2009)(Brown)
(prisoners pro se IFP suit complaining of denial of parole dismissal without opportunity to amend, dismissal with
prejudice, dismissal without evidentiary hearing)
AFFIRMED: Opinion by Justice Brown
Before Justices Frost, Brown and Boyce
14-07-01077-CV Milton James Anthony v. Rissie Owens, Linda Garcia, Charles Aycock, Juanita Gonzales, Jose
Aliseda, Jane/John Doe (1 , Jane/John Doe (2
Appeal from 412th District Court of Brazoria County
TDCJ v. Jackson (Tex.App.- Houston [1st Dist.] May 29, 2008)(Radack)
(government entities, prisoner suit, defendant prevails with immunity plea on appeal)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Jennings and Bland
01-07-00477-CV Texas Department of Criminal Justice v. Donald C. Jackson
Appeal from 412th Judicial District Court of Brazoria County
Trial Court Judge: The Honorable W. Edwin Denman
Richard v. Dretke (Tex.App.- Houston [14th Dist.] Apr. 7, 2009)(Frost)
(pro se litigants, IFP inmate suit dismissal, frivolous finding)
AFFIRMED: Opinion by Justice Frost
Before Justices Frost, Brown and Boyce)
14-08-00714-CV Anthony Joseph Richard v. Douglas Dretke, Et Al.
Appeal from 349th District Court of Houston County
Newby v. Chambers (Tex.App.- Houston [14th Dist.] Mar. 31 2009)
(inmate litigation, pro se suit, vexatious litigant)
AFFIRMED: Opinion by Justice Guzman
Before Justices Brock Yates, Guzman and Boyce
14-08-00338-CV Rob L. Newby v. Sam Chambers, J. Cunningham, G. Currie, M. Roesler, Shannon Kersh,
Vickie Barrow, and The State of Texas
Appeal from 1A District Court of Tyler County
Trial Court Judge: Judge Jerome Owens
Ramon v. Dow (Tex. App. – Houston [14th Dist.] Mar. 3, 2009)(Hedges)
(pro se inmate prisoner suit, conversion claim, insufficient pleadings, dismissal for failure to state claim, cases
involving universities)
AFFIRMED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Anderson and Seymore
14-07-01024-CV Steve Ramon v. David R. Dow and the University of Houston, Texas Innocence Network
Appeal from 412th District Court of Brazoria County
Trial Court Judge: W. Edwin Denman
Gardner v. TDCJ (Tex.App.- Houston [14th Dist.] Jan. 15, 2009, pet. denied July 2009)(Seymore) (IFP prisoner
suit, access to the courts, bench warrant, dismissal without evidentiary hearing)
AFFIRMED: Opinion by Justice Seymore
Before Justices Brock Yates, Seymore and Boyce
14-07-00992-CV Kirby Gardner v. Texas Department of Criminal Justice, Correctional Institiutions Division,
Nathaniel Quarterman, Jackie Edwards, James W. Mossbarger, and Sharon Fox
Appeal from 412th District Court of Brazoria County
Trial Court Judge: W. Edwin Denman
Poledore v. Fraley (Tex.App.- Houston [1st Dist.] June 19, 2008)(Radack)
(TTCA, prisoner suit against appointed attorney for legal malpractice, NE-SJ reversed)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Keyes and Hanks
01-07-00583-CV Dennis James Poledore, Jr. v. Frank J. Fraley
Appeal from 268th District Court of Fort Bend County
Trial Court Judge: Hon. Brady G. Elliott
Edison v. Houston Police Department (HPD) (Tex.App.- Houston [1st Dist.] Jun. 7, 2007)(Bland)
(prisoner suit, pro se, DWOP, diligence in securing service of citation)
AFFIRM TC JUDGMENT: Opinion by Justice Bland
Before Justices Nuchia, Hanks and Bland
01-06-00552-CV Cedric Christopher Edison v. Houston Police Department, et al
Appeal from 157th District Court of Harris County (Judge Randy Wilson)
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