Gerald E. Gilbert v. Texas Department of Criminal Justice
01-14-00795-CV
| Tex. App. | Feb 9, 2015Background
- Gilbert is an inmate in TDCJ and filed a 2014 state-court petition alleging conditions-of-confinement claims under 42 U.S.C. § 1983 and the Texas Tort Claims Act.
- The case was filed in Brazoria County in the 412th Judicial District, and Gilbert proceeded pro se and in forma pauperis.
- Appellees moved to dismiss under Chapter 14 of the Texas Civil Practice and Remedies Code on May 28, 2014, which the trial court granted on September 5, 2014.
- Gilbert timely appealed, and the appeal is before the First Court of Appeals of Texas, Houston, Texas.
- The dispositive issues concern (1) right to select a judge in the county of filing, (2) right to a hearing on a Chapter 14 dismissal by submission, and (3) constitutionality of Chapter 14 as applied to federal claims in state court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Right to select a judge in the county of filing | Gilbert asserts a proprietary interest to choose a favorable judge. | Rule 330(e) allows transfers; no right to a specific judge. | No proprietary right to select a judge; transfers permitted. |
| Hearing on Chapter 14 dismissal by submission | Submission hearing requires Gilbert’s consent as alternative dispute resolution. | Section 14.003(c) makes a hearing discretionary; no consent needed. | Discretionary, not mandatory; hearing by submission permissible. |
| Chapter 14 applied to federal claims in state court | §1983 claims should escape Chapter 14 procedures as pre-empted. | Chapter 14 is constitutional and not pre-empted; applicable to federal claims. | Chapter 14 may constitutionally apply to federal civil rights claims in state court. |
Key Cases Cited
- In re PG & E Reata Energy, L.P., 4 S.W.3d 897 (Tex. App.—Corpus Christi 1999) (propriety of transfer within county; similar to Rule 330(e))
- In re Rio Grande Valley Gas Co., 8 S.W.3d 303 (Tex. 1999) (county transfer authority within rules; no guaranteed forum selection)
- European CrossCRds' Shopping Ctr., Ltd. v. Criswell, 910 S.W.2d 45 (Tex. App.—Dallas 1995) (local transfer authority within Rule 330(e))
- Gerdes v. Kennamer, 155 S.W.3d 523 (Tex. App.—Corpus Christi 2004) (forum choice not absolute; county-level transfers possible)
- Thomas v. Wichita Gen. Hosp., 952 S.W.2d 936 (Tex. App.—Ft. Worth 1997) (Chapter 14 guidance; disposes about hearing discretion)