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TEXAS DEPT. OF CRIMINAL JUSTICE v. POWELL

No. 08-0345.

318 S.W.3d 889 (2010)

INSTITUTIONAL DIVISION OF the TEXAS DEPARTMENT OF CRIMINAL JUSTICE and Miguel Martinez, Petitioners v. Arthur POWELL, Respondent.

Supreme Court of Texas.

Rehearing Denied October 1, 2010.

Attorney(s) appearing for the Case

Greg W. Abbott , Attorney General of Texas, Kent C. Sullivan , David S. Morales , Office of the Attorney General of Texas, James C. Ho , Solicitor General of Texas, Kristofer S. Monson , Assistant Solicitor General, Demetri Anastasiadis, Office of the Attorney General of Texas, Clarence Andrew Weber , First Assistant Attorney General, Austin, TX, for Petitioners.

Arthur Powell , Bridgeport, TX, pro se.

David Jefrie Mizgala , Munsch Hardt Kopf & Harr, P.C., Dallas, TX, Lawrence Matthew Doss , Mullin Hoard & Brown, L.L.P., Lubbock, TX, for Respondent.

PER CURIAM.

Arthur Powell sued the Institutional Division of the Texas Department of Criminal Justice (the Department) and one of its officers, complaining that they deprived him of certain constitutional rights. The trial court dismissed Powell's claims, and a divided court of appeals reversed. 251 S.W.3d 783, 792. Because Powell has failed to state a claim, we reverse the court of appeals...

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