Daniel Gruenfelder v. Kandi Torres, Doroteo Fonseca, and Rafael Menchaca
13-17-00441-CV
Tex. App.Aug 16, 2018Background
- Pro se appellant Daniel Gruenfelder, an inmate in TDCJ, sued three TDCJ officers for theft and fraud alleging they unlawfully appropriated his property.
- Gruenfelder filed a Declaration of Inability to Pay Court Costs and sought to proceed in forma pauperis under Chapter 14 of the Texas Civil Practice & Remedies Code.
- The Office of the Attorney General, as amicus, moved to dismiss asserting: untimely filing under §14.005, false indigency claim, sovereign immunity, and officials’ immunity.
- The trial court dismissed Gruenfelder’s suit with prejudice for noncompliance with Chapter 14, finding he was not indigent because his inmate trust account exceeded $1,000 for six consecutive months.
- The appellate court reviewed whether the dismissal was an abuse of discretion, focusing on whether Gruenfelder falsely alleged indigence given his trust-account records (showing monthly deposits and nonzero balances).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court abused discretion by dismissing suit under Chapter 14 | Gruenfelder argued dismissal was improper and court abused discretion | OAG argued Gruenfelder falsely claimed indigence; dismissal warranted under Chapter 14 | Affirmed: no abuse of discretion; sufficient evidence Gruenfelder was not indigent |
| Whether false affidavit of indigence supports dismissal | Gruenfelder maintained he was indigent (receives $100/month) | OAG pointed to inmate trust account showing deposits, average balance, and final balance | Held that funds in inmate trust account rebut indigence; false allegation supports dismissal |
Key Cases Cited
- Donaldson v. Texas Dep’t of Crim. Justice-Corr. Inst. Div., 355 S.W.3d 722 (Tex. App.—Tyler 2011) (an inmate with funds in trust account is not indigent; false indigency affidavit supports dismissal)
- McClain v. Terry, 320 S.W.3d 394 (Tex. App.—El Paso 2010) (prisoner with no money or property is indigent; funds in trust account negate indigency)
- Scott v. Menchaca, 185 S.W.3d 543 (Tex. App.—Corpus Christi 2006) (standard of review for Chapter 14 dismissals is abuse of discretion)
- Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238 (Tex. 1985) (defines abuse of discretion standard)
- Walker v. Gonzales County Sheriff’s Dep’t, 35 S.W.3d 157 (Tex. App.—Corpus Christi 2000) (appellate court may affirm on any theory supported by the record)