Gordon R. Simmonds v. Norma A. Harrison
2012 Tex. App. LEXIS 5564
| Tex. App. | 2012Background
- Simmonds, an inmate, sued Norma A. Harrison in her official capacity for denial of access to a package and asserted multiple tort and constitutional-related claims.
- The trial court dismissed the action as frivolous and malicious prior to service of process.
- The suit was filed May 24, 2010, while a related appeal (Cause No. 11-09-00359-CV) was pending.
- Chapter 14 of the Texas Civil Practice and Remedies Code governs inmate lawsuits and filing prerequisites.
- Section 14.005 requires timely filing within 31 days after the grievance system’s final decision, or the claim is barred.
- The appellate court reviews such dismissals for abuse of discretion and focuses on whether the suit has an arguable basis in law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the inmate failed to timely file under Section 14.005(b). | Simmonds argues timing should be linked to his earlier petition. | Harrison argues filing was more than 31 days after the final grievance decision. | Timeliness dispositive; dismissal proper. |
Key Cases Cited
- Bishop v. Lawson, 131 S.W.3d 571 (Tex. App.—Fort Worth 2004) (framework for frivolous/malicious dismissal)
- Thomas v. Knight, 52 S.W.3d 292 (Tex. App.—Corpus Christi 2001) (frivolous filing standard)
- Comeaux v. Tex. Dep’t of Criminal Justice, 193 S.W.3d 83 (Tex. App.—Houston [1st Dist.] 2006) (abuse-of-discretion review for inmate suits)
- Lilly v. Northrep, 100 S.W.3d 335 (Tex. App.—San Antonio 2002) (exhaustion prerequisites for Chapter 14)
- Moreland v. Johnson, 95 S.W.3d 392 (Tex. App.—Houston [1st Dist.] 2002) (timeliness requirement under 14.005(b))
- Garrett v. Nunn, 275 S.W.3d 604 (Tex. App.—Amarillo 2008) (cannot relate filing date to earlier petition to meet 14.005(b))
- Retzlaff v. Tex. Dep’t of Criminal Justice, 94 S.W.3d 650 (Tex. App.—Houston [14th Dist.] 2002) (exhaustion requirement for inmate claims)
- Scott v. Gallagher, 209 S.W.3d 262 (Tex. App.—Houston [1st Dist.] 2006) (focus on arguable basis in law when no fact hearing)
- Harrison v. Tex. Dep’t of Criminal Justice, Inst. Div., 164 S.W.3d 871 (Tex. App.—Corpus Christi 2005) (review of institutional claims)
- Walker v. Packer, 827 S.W.2d 833 (Tex. 1992) (standard for deference to trial court discretion)
- Wilson v. TDCJ-ID, 268 S.W.3d 756 (Tex. App.—Waco 2008) (abuse-of-discretion standard in inmate suits)