Gross v. Carroll
339 S.W.3d 718
| Tex. App. | 2011Background
- Gross, an inmate proceeding pro se, filed a civil rights/ADA suit in a statutory county court against thirteen TDCJ employees alleging deliberate indifference to medical needs and retaliation related to grievance handling.
- Six named defendants appeared and answered; seven others were not served or appeared.
- In Feb 2008, Williams filed an amended Chapter 14 indigence motion; trial court denied it without explained basis.
- On Dec 1, 2008, a telephonic hearing addressed multiple motions, with several protective orders granted and service by certified mail denied.
- On Jan 14, 2009 Gross filed an affidavit of indigence regarding his appeal; the trial court then reconsidered and dismissed the suit with prejudice under Chapter 14; Gross amended his notice of appeal accordingly.
- The court ultimately affirmed the dismissal with prejudice and did not reach several related pretrial motions as moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Chapter 14 applies to the underlying suit | Gross argues Chapter 14 doesn’t apply since he paid initial fees | Carroll/Williams contend Chapter 14 applies once indigence is asserted | Chapter 14 applies to the pending suit once indigence is filed. |
| Whether the trial court correctly reconsidered the dismissal ruling | Gross asserts the reconsideration was improper | Court acted within discretion to reconsider | Overruled; reconsideration upheld by the court. |
| Whether dismissal under Chapter 14 on multiple grounds was proper | Gross contends grounds are insufficient or improper | Court could rely on multiple independent grounds to dismiss | Issues 3–5 overruled; dismissal affirmed on independent grounds. |
| Whether dismissal with prejudice was proper for untimely filing under 14.005(b) | Gross argues timely filing was possible or curable | Failure to file before 31st day after grievance decision is fatal | Dismissal with prejudice upheld; untimely filing under 14.005(b) proper. |
Key Cases Cited
- Scott v. Gallagher, 209 S.W.3d 262 (Tex.App.-Houston [1st Dist.] 2006) (cites Chapter 14 dismissal standards)
- Williams v. Brown, 33 S.W.3d 410 (Tex.App.-Houston [1st Dist.] 2000) (procedural considerations under Chapter 14)
- Thomas v. Wichita Gen. Hosp., 952 S.W.2d 936 (Tex.App.-Fort Worth 1997) (construction of indigence and costs in Chapter 14)
- Johnson v. Tex. Dep't of Criminal Justice, 71 S.W.3d 492 (Tex. App.-El Paso 2002) (when inmate pays some costs, Chapter 14 may still apply)
- Nabelek v. Garrett, 94 S.W.3d 648 (Tex.App.-Houston [14th Dist.] 2002) (appellate indigence procedures; distinguishable facts)
- Leachman v. Dretke, 261 S.W.3d 297 (Tex.App.-Fort Worth 2008) (scope of Chapter 14 dismissal with prejudice; cure of noncompliance)
- Moreland v. Johnson, 95 S.W.3d 392 (Tex.App.-Houston [1st Dist.] 2002) (timeliness and dismissal under Chapter 14)
- Britton v. Tex. Dep't of Criminal Justice, 95 S.W.3d 676 (Tex.App.-Houston [1st Dist.] 2002) (requirement to challenge all independent grounds)