James Boone v. David Gutierrez, Chairman, Texas Board of Pardons and Paroles
03-16-00259-CV
| Tex. App. | Oct 4, 2016Background
- James Boone, a Texas inmate proceeding pro se, sued David Gutierrez (Chair, Texas Board of Pardons and Paroles) seeking parole release or a special parole review, alleging due-process violations.
- Boone filed his complaint on December 29, 2015; Gutierrez moved to dismiss under Tex. R. Civ. P. 91a on February 2, 2016.
- The trial court held a telephonic hearing within 45 days (March 4, 2016) but issued its written order granting the Rule 91a motion on April 4, 2016 (after the 45-day period).
- Boone appealed, arguing the court violated the 45-day grant/deny deadline in TRCP 91a.3 and that he has a constitutionally protected liberty interest in parole.
- The appellee argued the 45-day deadline is directory (not mandatory) and that Texas law does not recognize a protected liberty interest in parole, so Boone’s suit has no basis in law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether TRCP 91a's 45-day grant/deny requirement is mandatory | Boone: district court erred by issuing order after 45 days | Gutierrez: the 45-day period is directory; court may still rule after it | Court affirmed dismissal; rule is directory, not jurisdictional |
| Whether Boone has a constitutionally protected liberty interest in parole | Boone: parole denial (and lack of special review) violated due process | Gutierrez: Texas law creates no protected liberty interest in parole | Court affirmed dismissal; no protected liberty interest in parole |
| Whether dismissal under Tex. R. Civ. P. 91a was proper | Boone: merits of parole-related claims warrant relief | Gutierrez: claim has no basis in law and is dismissible on pleadings | Court affirmed dismissal under Rule 91a (no legal basis) |
Key Cases Cited
- Orellana v. Kyle, 65 F.3d 28 (5th Cir. 1995) (Texas law does not create a protected liberty interest in parole)
- Madison v. Parker, 104 F.3d 765 (5th Cir. 1997) (no constitutional expectancy of parole under Texas law)
- Johnson v. Rodriguez, 110 F.3d 299 (5th Cir. 1997) (prisoners lacking a protected liberty interest cannot challenge parole procedures under due process)
- Wooley v. Schaffer, 447 S.W.3d 71 (Tex. App.—Houston [14th Dist.] 2014) (standard of review and application of Rule 91a dismissal)