PENA v. McDOWELL

No. 05-0546.

201 S.W.3d 665 (2006)

William Espinoza PEÑA, Petitioner, v. David McDOWELL, Individually and in his Official Capacity, et al., Respondents.

Supreme Court of Texas.

August 31, 2006.


Attorney(s) appearing for the Case

William Espinoza Peña, Abilene, pro se.

David W. McDowell, Tennessee Colony, pro se.

Greg Abbott, Atty. Gen., Barry Ross McBee, Edward D. Burbach, David A. Talbot Jr., Kimberly L. Fuchs, Rafael Edward Cruz, Austin, for amicus curiae.


PER CURIAM.

William Peña, an inmate incarcerated at the Angleton unit of the Texas Department of Criminal Justice-Institutional Division, filed suit against the Department as well as several individual defendants, including the Office of the Attorney General, alleging various tort claims and violations of his state and federal constitutional rights. The trial court dismissed Peña's suit with prejudice as "frivolous or malicious." The court of appeals affirmed...

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