(DOWNLOAD) "Smith v. Texas Department of Criminal Justice-Institutional Division" by Texas Court of Appeals (Civil) # Book PDF Kindle ePub Free
eBook details
- Title: Smith v. Texas Department of Criminal Justice-Institutional Division
- Author : Texas Court of Appeals (Civil)
- Release Date : January 11, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
Jerence Smith appeals from the dismissal of his suit against the Texas Department of Criminal Justice-Institutional Division (TDCJ). Smith, an inmate, alleged that TDCJ lost his personal property and replaced it with items that were "either worn out, broken, or out of date and stale," in violation of TDCJ policy. Smith attached to his petition an affidavit of indigence, an affidavit documenting his compliance with TDCJ grievance procedures, and an affidavit asserting that he had filed no previous lawsuits in Texas or federal courts. The trial court dismissed Smiths suit before service of process, stating as its reasons that (1) the realistic chance of success is slight, (2) Smith failed to attach to his petition a written decision showing he used the grievance procedure as required by law, and (3) the action is frivolous and dismissal is appropriate under Tex. Civ. Prac. & Rem. Code Ann. § 14.003 (Vernon Supp. 2000).
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