Boris Clewis v. Billy Hirsch
700 F. App'x 347
| 5th Cir. | 2017Background
- Plaintiff Boris Twain Clewis, a Texas prisoner, sued multiple Texas Department of Criminal Justice employees in their official and individual capacities for alleged wrongful confiscation, damage, and destruction of personal and legal property during cell searches while housed on the Wynne Unit.
- Clewis alleged denial of access to the courts (based on destruction of legal materials for his father’s succession), ADA violations, due-process and Eighth Amendment claims, retaliation, and property-damage claims; the district court granted summary judgment for defendants.
- On appeal Clewis sought a Spears hearing, supplementation of the record, appointment of counsel, and an emergency preservation order; he also attempted to incorporate his earlier opposition filings by reference.
- The Fifth Circuit declined to consider arguments incorporated by reference (pro se filings cannot incorporate prior pleadings), and reviewed the summary judgment de novo.
- The panel held that destruction of materials for a general civil matter (father’s succession) does not establish a constitutional denial of access to the courts under controlling Supreme Court precedent, and affirmed summary judgment; remaining claims were deemed inadequately briefed and thus waived.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Access to courts based on destruction of legal materials | Clewis: destruction of probate/succession materials denied his right of access to courts for civil matters | Defendants: access-to-courts protects ability to pursue challenges to conviction/conditions; destruction of general civil materials not actionable | Court: held no constitutional denial—materials related to general civil matters do not satisfy Lewis actual-injury requirement |
| Law library adequacy | Clewis: library lacked probate/tax books he needed | Defendants: no freestanding right to specific library resources; plaintiff must show actual injury to a case challenging conviction/conditions | Court: held inadequate library claim fails absent actual injury to a suit involving conviction/conditions |
| Use of incorporated prior pleadings | Clewis: attempted to adopt prior opposition by reference | Defendants/district court: such incorporation is improper even for pro se litigants | Court: refused to consider arguments incorporated by reference per Yohey; incorporation not allowed |
| Other claims (property damage, due process, ADA, Eighth Amendment, retaliation) | Clewis: alleged various constitutional and statutory violations arising from searches, storage denial, disciplinary process, lack of cart, retaliation, ADA violations | Defendants: summary judgment appropriate; factual disputes insufficient or issues unbriefed | Court: affirmed summary judgment on these claims as Clewis inadequately briefed them on appeal, so review waived |
Key Cases Cited
- Lewis v. Casey, 518 U.S. 343 (1996) (Bounds does not guarantee ability to litigate all civil matters; plaintiff must show actual injury to litigation challenging conviction/conditions)
- Bounds v. Smith, 430 U.S. 817 (1977) (prisoners have a constitutional right of access to the courts)
- Jackson v. Procunier, 789 F.2d 307 (5th Cir. 1986) (earlier Fifth Circuit view that access could include general civil matters)
- Jones v. Greninger, 188 F.3d 322 (5th Cir. 1999) (access-to-courts right limited to opportunity to file nonfrivolous claims challenging conviction/conditions)
- Yohey v. Collins, 985 F.2d 222 (5th Cir. 1993) (pro se litigants may not incorporate prior pleadings by reference on appeal)
- McFaul v. Venezuela, 684 F.3d 564 (5th Cir. 2012) (standard: appellate review of summary judgment is de novo)