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Bell v. Texas Department of Criminal Justice—Institutional Division

Court of Appeals of Texas, Houston, Fourteenth District
Jan 15, 1998
962 S.W.2d 156 (Tex. App. 1998)

Summary

holding that "when an inmate does not comply with the affidavit requirements of section 14.004, the trial court is entitled to assume the suit is substantially similar to one previously filed by the inmate, and therefore, frivolous"

Summary of this case from Thompson v. Aliseda

Opinion

No. 14-97-00448-CV.

January 15, 1998.

Appeal from the 12th District Court, Walker County, William McAdams, J.

Joseph Bell, Abilene, for appellant.

Grace Park Manno, Austin, for appellee.

Before LEE, AMIDEI and ANDERSON, JJ.


OPINION


This is an appeal from the trial court's order dismissing Joseph Bell's suit against the Texas Department of Criminal Justice — Institutional Division and several of its employees (collectively "the Department"). Joseph Bell ("Bell"), an inmate, filed suit against the Department alleging violations of 42 U.S.C. § 1983. The Department filed a motion to dismiss the suit pursuant to section 14.001 of the Texas Civil Practice and Remedies Code. The trial court granted the motion. We affirm.

In his second amended petition, Bell claimed that in May of 1996, a correctional officer did not timely "roll the door" on his cell, thereby making him late for his shift in the kitchen. Bell alleged that when he complained to the officer, the officer took his identification card. Bell contended he asked for his card to be returned, but it was not. Additionally, Bell claimed he was twice denied access to the law library by another correctional officer. He alleged that when he told the officer "he would be writing her up," she retaliated by writing him up. Bell claimed he needed to get to the law library because of pending litigation.

Based on these allegations, Bell sued the Department claiming a violation of his civil rights. Essentially, Bell claimed he was negligently deprived of his personal property when an officer confiscated his identification card and his civil rights were violated when he was denied access to the law library. He asked for $150.00 in damages plus interest.

The Department filed special exceptions to Bell's second amended petition and a motion to dismiss. The trial court granted the motion to dismiss and in its order stated:

It is hereby ORDERED, ADJUDGED and DECREED that said Motion to Dismiss be, and it is hereby GRANTED, that Plaintiff take nothing and that all claims against Defendants are hereby dismissed with prejudice as frivolous pursuant to § 14.003.

Bell perfected an appeal and raises a single point of error. In that point, Bell claims the trial court erred by (1) granting the Department's special exceptions, and (2) dismissing his suit as frivolous. As to his first complaint, we find nothing in the record to support Bell's claim that the trial court granted the Department's special exceptions. The only order entered by the trial court after the Department filed its special exceptions was the order dismissing Bell's suit. There is nothing in that order that refers to the Department's special exceptions. Therefore, there is no error to review.

Bell has combined two complaints within a single point of error. A point of error that embraces more than one specific ground of error is multifarious. City of San Antonio v. Rodriguez, 856 S.W.2d 552, 555 n. 2 (Tex.App. — San Antonio 1993, writ denied). Therefore, Bell's point of error is multifarious and we could refuse to review it. See id. (holding that multifarious points of error may be disregarded). A court, however, may consider multifarious points of error if it can determine, with reasonable certainty, the alleged error about which complaint is made. Thornton v. D.F.W. Christian Television, Inc., 925 S.W.2d 17, 22-23 (Tex.App. — Dallas 1995), rev'd on other grounds, 933 S.W.2d 488 (Tex. 1996). Because we are able to determine the errors about which Bell complains, we will, in the interest of justice, consider his complaints. See id.

In the second part of his first point of error, Bell complains that the trial court erred in granting the Department's motion to dismiss. Section 14.003 of the Texas Civil Practice and Remedies Code provides that a trial court may dismiss a claim if the court finds the claim is frivolous or malicious. TEX. CIV. PRAC. REM.CODE ANN. § 14.003(a)(2) (Vernon Supp. 1997). In determining whether the suit is frivolous or malicious, the court may consider, among other things, whether the claim is substantially similar to a previous claim filed by the inmate because the claims arises from the same operative facts. Id. at § 14.003(b)(4).

To allow the trial court to make that determination, the Texas Legislature enacted section 14.004 of the Texas Civil Practice and Remedies Code. That section requires an inmate, who files an affidavit or unsworn declaration of inability to pays costs, to file a separate affidavit of declaration:

(1) identifying each suit, other than a suit under the Family Code, previously brought by the person and in which the person was not represented by an attorney, without regard to whether the person was an inmate at the time the suit was brought; and

(2) describing each suit that was previously brought by:

(A) stating the operative facts for which relief was sought;

(B) listing the case name, cause number, and the court in which the suit was brought;

(C) identifying each party named in the suit; and

(D) stating the result of the suit, including whether the suit was dismissed as frivolous or malicious under Section 13.001 or Section 14.003 or otherwise.

Id. at § 14.004(a) (Vernon Supp. 1997).

The purpose of sections 14.003 and 14.004 is obvious: the Texas Legislature recognized the problem of constant, often duplicative, inmate litigation in this state, and sought to reduce it by requiring the inmate to notify the trial court of previous litigation and the outcome. In this way, the trial court could determine, based on previous filings, if the suit was frivolous because the inmate had already filed a similar claim.

In this case, the trial court dismissed Bell's suit under section 14.003 and stated the suit was frivolous. The trial court did not, however, give the reason for which it found the suit to be frivolous. We have reviewed the record in this case and find that Bell's affidavit is insufficient to meet the requirements of section 14.004. While Bell did list four previous filings, he did not state the operative facts for which relief was sought in those suits, nor did he identify each party to the suits. See id. at § 14.004(a)(2)(A) (C).

Without that information, the trial court was unable to consider whether Bell's current claim is substantially similar to a previous claim. See id. at § 14.003(b)(4). We hold that when an inmate does not comply with the affidavit requirements of section 14.004, the trial court is entitled to assume the suit is substantially similar to one previously filed by the inmate, and therefore, frivolous. Our holding advances the purposes for which the Texas Legislature enacted the section on inmate litigation and the special requirements in section 14.004.

Accordingly, we hold the trial court did not err in dismissing Bell's suit as frivolous under section 14.003 because Bell's affidavit relating to previous filings was inadequate. We affirm the trial court's judgment.


Summaries of

Bell v. Texas Department of Criminal Justice—Institutional Division

Court of Appeals of Texas, Houston, Fourteenth District
Jan 15, 1998
962 S.W.2d 156 (Tex. App. 1998)

holding that "when an inmate does not comply with the affidavit requirements of section 14.004, the trial court is entitled to assume the suit is substantially similar to one previously filed by the inmate, and therefore, frivolous"

Summary of this case from Thompson v. Aliseda

holding that in absence of adequate affidavits, trial court is entitled to assume suit is substantially similar to previous suits and thus frivolous

Summary of this case from James X v. Guajardo

holding that in absence of adequate affidavits, trial court is entitled to assume suit is substantially similar to previous suits and thus frivolous

Summary of this case from Lilly v. Northrep

concluding that dismissal of the suit is warranted when Chapter 14's procedural requirements have not been met

Summary of this case from Warren v. Emp. TDCJ-Id

affirming dismissal for similar omissions in affidavit

Summary of this case from Somerville v. Dall. Cnty. Inc.

affirming trial court’s order dismissing inmate’s suit with prejudice where plaintiff did not raise complaint on appeal that suit should have been dismissed without prejudice

Summary of this case from Dove v. State

affirming dismissal of suit as frivolous when affidavit of previous filings failed to comply with requirements of chapter 14

Summary of this case from Bishop v. White

affirming trial court's dismissal as frivolous because inmate's affidavit, which listed specific details regarding previous lawsuits, failed to include operative facts and names of parties

Summary of this case from WILLIAMS v. TEXAS DEPT OF CRIM JUST

affirming dismissal of suit as frivolous when affidavit of previous filings failed to comply with requirements of chapter 14

Summary of this case from Bishop v. Lawson

stating that when inmate fails to comply with affidavit requirements of section 14.004, court is entitled to presume that suit is substantially similar to one previously filed by inmate and, therefore, frivolous

Summary of this case from Martin v. Perkins

In Bell v. Texas Department of Criminal Justice, 962 S.W.2d 156 (Tex.App.-Houston [14th Dist.] 1998, writ denied), this court found that the purpose of section 14.004 was to prevent constant, duplicative, and frivolous inmate litigation.

Summary of this case from Nabelek v. Garrett
Case details for

Bell v. Texas Department of Criminal Justice—Institutional Division

Case Details

Full title:Joseph BELL, Appellant, v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE …

Court:Court of Appeals of Texas, Houston, Fourteenth District

Date published: Jan 15, 1998

Citations

962 S.W.2d 156 (Tex. App. 1998)

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