Jason Hendrix v. Lorie Davis, Director, 694 F. App'x 358

Jason Hendrix, a Texas prisoner, filed a 42 U.S.C. § 1983 suit against multiple TDCJ-ID officials in their individual and official capacities.
The district court granted a partial dismissal of claims against defendants in their official capacities and against the TDCJ-ID Director; Hendrix filed a notice of appeal from that order.
Months later the district court granted summary judgment for the remaining defendants, dismissing Hendrix’s individual-capacity claims as unexhausted; Hendrix did not file a new notice of appeal from that judgment.
The Fifth Circuit reviewed the partial dismissal de novo and examined appellate jurisdiction sua sponte because a timely notice of appeal is jurisdictional.
The panel held the partial-dismissal appeal was properly before the court (the prior notice was not fatal given final judgment entered later) but concluded it lacked jurisdiction to review the later summary-judgment dismissal because Hendrix’s notice did not cover that order.
Hendrix’s motions for appointment of counsel and an investigator were denied for lack of exceptional circumstances.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Court had appellate jurisdiction given timing of Hendrix’s notice of appeal	Hendrix relied on his initial notice appealing the partial dismissal	Defendants argued a timely notice for the final judgment was required to invoke jurisdiction over subsequent summary-judgment dismissal	Court: Partial-dismissal appeal was properly before the court; appeal of later summary judgment not before the court for lack of a timely notice
Whether official-capacity claims are barred by Eleventh Amendment immunity	Hendrix sought relief against officials in official capacities	Defendants argued Eleventh Amendment immunity applies to state employees and the state entity	Court: Official-capacity claims barred by Eleventh Amendment; partial dismissal affirmed
Whether claims against the TDCJ-ID Director should be dismissed	Hendrix sued the Director in capacity the complaint challenged	Defendants argued supervisory/official-capacity immunity and precedent support dismissal	Court: Claims against the Director properly dismissed
Whether court should appoint counsel or an investigator for Hendrix	Hendrix requested appointment of counsel and an investigator	Defendants opposed; argued no exceptional circumstances	Court: Denied; no exceptional circumstances warranting appointment

Mosley v. Cozby, 813 F.2d 659 (5th Cir. 1987) (courts may raise jurisdictional defects sua sponte)
Bowles v. Russell, 551 U.S. 205 (Sup. Ct. 2007) (timely filing of a notice of appeal in a civil case is jurisdictional)
Boudreaux v. Swift Transp. Co., Inc., 402 F.3d 536 (5th Cir. 2005) (effect of premature notice of appeal when final judgment later entered)
Raj v. Louisiana State Univ., 714 F.3d 322 (5th Cir. 2013) (standard of review for Rule 12 dismissals is de novo)
Atchafalaya Basinkeeper v. Chustz, 682 F.3d 356 (5th Cir. 2012) (de novo review of subject-matter dismissal)
Mayfield v. Texas Dep’t of Criminal Justice, 529 F.3d 599 (5th Cir. 2008) (Eleventh Amendment immunity for state employees’ official acts)
Thompkins v. Belt, 828 F.2d 298 (5th Cir. 1987) (limits on official- and supervisory-capacity liability)
Spiller v. City of Texas City, Police Dept., 130 F.3d 162 (5th Cir. 1997) (standards for individual and official capacity claims)
Ulmer v. Chancellor, 691 F.2d 209 (5th Cir. 1982) (appointment of counsel for indigent civil litigants requires exceptional circumstances)