Charles Ellis Shirley v. Warden Tovi Butcher and the Texas Department of Criminal Justice
06-16-00089-CV
| Tex. App. | Apr 27, 2017Background
- Charles Ellis Shirley, an inmate, sued Warden Tovi Butcher and the Texas Department of Criminal Justice alleging cruel and unusual punishment (two meals on weekends), equal protection violations, and a tort claim; he sought a temporary injunction and monetary damages.
- Shirley submitted an unsworn declaration of inability to pay costs but failed to file the affidavit/unsworn declaration of prior filings and a certified inmate trust-account statement required by Tex. Civ. Prac. & Rem. Code § 14.004/14.006(f).
- Defendants moved to dismiss under Chapter 14, arguing Shirley’s failure to comply with procedural prerequisites and that his substantive claims lacked legal basis (sovereign immunity, Eighth Amendment authority, lack of discriminatory intent, and immunity defenses).
- The trial court dismissed the suit as frivolous under Chapter 14; the judgment did not identify which independent ground controlled dismissal.
- On appeal Shirley challenged the merits (Eighth Amendment and sovereign-immunity waiver) but did not dispute his failure to comply with §14.004; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Compliance with Texas Civ. Prac. & Rem. Code §14.004 (required affidavit and trust-account) | Shirley did not contest noncompliance on appeal. | Defendants argued failure to comply justified dismissal and permits court to treat claim as substantially similar to prior filings. | Court affirmed dismissal; Shirley’s failure to comply provided an independent basis for dismissal. |
| Eighth Amendment cruel-and-unusual-punishment claim | Shirley argued two meals on weekends constituted Eighth Amendment violation. | Defendants argued no legal basis under applicable precedent for Shirley’s Eighth Amendment claim. | Court did not reach merits because procedural noncompliance independently supports dismissal. |
| Sovereign-immunity/waiver | Shirley contended Butcher/Department lacked sovereign immunity or waiver existed. | Defendants asserted sovereign immunity barred Shirley’s state-law damages claims. | Court did not reach merits; dismissal affirmed on procedural ground. |
| Appellate challenge burden (attack all independent grounds) | Shirley attacked some substantive grounds but failed to challenge procedural noncompliance. | Defendants relied on multiple independent grounds supporting dismissal. | Court held appellant must challenge all independent grounds; failure to contest §14.004 noncompliance waived relief, so affirmance proper. |
Key Cases Cited
- Gowan v. Tex. Dep’t of Criminal Justice, 99 S.W.3d 319 (Tex. App.—Texarkana 2003) (failure to file §14.004 affidavit permits court to assume claim is substantially similar to prior filings)
- Clark v. J.W. Estelle Unit, 23 S.W.3d 420 (Tex. App.—Houston [1st Dist.] 2000) (Chapter 14 procedural prerequisites curb duplicative inmate litigation)
- Williams v. Brown, 33 S.W.3d 410 (Tex. App.—Houston [1st Dist.] 2000) (failure to attach certified trust-account copy supports dismissal under Chapter 14)
- Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238 (Tex. 1985) (abuse-of-discretion standard for trial court decisions)
- Gross v. Carroll, 339 S.W.3d 718 (Tex. App.—Houston [1st Dist.] 2011) (appellant must challenge all independent grounds supporting judgment)
- McLean v. Livingston, 486 S.W.3d 561 (Tex. 2016) (procedural notice and opportunity to cure §14 deficiencies on appeal)