Salvador Zavala v. M. Matthew
13-17-00009-CV
| Tex. App. | Jan 4, 2018Background
- Salvador Zavala, an inmate, sued four TDCJ-ID employees pro se and in forma pauperis alleging theft of his headphones, fraud, and conspiracy.
- Zavala filed an affidavit/unsworn declaration of inability to pay costs under Texas chapter 14.
- The Texas Attorney General filed an amicus motion arguing the suit was frivolous and Zavala’s indigence affidavit was false.
- The trial court dismissed Zavala’s suit with prejudice under chapter 14; it did not specify the grounds.
- The court record showed Zavala’s trust-account balance was $27.24 at filing, six-month average balance $61.92, six-month total deposits $975.00 (average monthly deposits $162.50).
- The court of appeals affirmed, concluding the presence of funds in Zavala’s account supported dismissal for a false allegation of poverty.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dismissal under Tex. Civ. Prac. & Rem. Code ch. 14 for a false indigence affidavit was an abuse of discretion | Zavala argued the dismissal was an abuse of discretion | Appellees (and amicus) argued Zavala had funds in his inmate trust account so his indigence affidavit was false and dismissal was proper | Affirmed: trial court did not abuse discretion; account balances/deposits showed Zavala was not indigent, supporting dismissal under chapter 14 |
Key Cases Cited
- Wanzer v. Garcia, 299 S.W.3d 821 (Tex. App.—San Antonio 2009) (standard for reviewing chapter 14 dismissals)
- Scott v. Menchaca, 185 S.W.3d 543 (Tex. App.—Corpus Christi 2006) (abuse-of-discretion review of dismissal)
- Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238 (Tex. 1985) (definition of abuse of discretion)
- McClain v. Terry, 320 S.W.3d 394 (Tex. App.—El Paso 2010) (affirming dismissal when inmate had funds)
- Griffin Indus. v. Thirteenth Court of Appeals, 934 S.W.2d 349 (Tex. 1996) (test for proceeding in forma pauperis: inability to pay if good-faith effort made)
- Donaldson v. Texas Dep’t of Criminal Justice—Correctional Inst. Div., 355 S.W.3d 722 (Tex. App.—Tyler 2011) (inmate with funds in trust account is not indigent; supports dismissal under chapter 14)