Mahuron v. TDCJ

494 S.W.3d 377, 2015 Tex. App. LEXIS 10618, 2015 WL 6146376
Court of Appeals of Texas·Decided October 15, 2015·No. No. 10-14-00116-CV·Published·Cited by 3 cases

Opinions

OPINION

REX D. DAVIS, Justice

On August 1, 2013, Isaac Mahuron, an inmate at the Ellis Unit, filed this suit pro se against the Texas Department of Criminal Justice (the Department) as an indigent, thus triggering Chapter 14 of the Civil Practice and Remedies Code.1 See Tex. Civ. Prac. & Rem. Code Ann. ch. 14 (West 2002 & Supp.2014). His suit alleges that he suffered a partially amputated finger on a broken window in a dayroom and alleges a premises-fiability claim under the [379] Texas Tort Claims Act against the Department.

In compliance with Chapter 14, Mata-ron filed with his petition his “declaration of previous filings,” a copy of his certified inmate-account statement, and his “declaration of exhaustion.”2 See Tex. Civ. Prac. & Rem. Code Ann. § 14.004 (West Supp. 2014), § 14.005 (West 2002). The declaration of exhaustion explains under penalty of perjury that, after filing his Step-1 Grievance, Mataron filed his Step-2 Grievance by personally handing it to the grievance investigator during a unit lock-down. After not receiving a written decision on the Step-2 Grievance, Mataron inquired and was informed that there was no record of his Step-2 Grievance being filed. He did not receive any responses to his subsequent attempts to obtain information on the missing Step-2 Grievance or to his resubmitted Step-2 Grievance.

After the Department appeared and answered, Mataron commenced written discovery and filed a summary-judgment motion that was denied. Almost eight months after suit had been filed, on March 27, 2014, the Department filed a motion to dismiss under Chapter 14, asserting that Mataron had not exhausted his administrative remedies under section 14.005 because he did not file a copy of the written decision from the prison grievance system. The motion to dismiss did not address the specific allegations in Mahuron’s declaration of exhaustion about why he was unable to 'file a copy of the written decision on his Step-2 Grievance.

In an order signed on March 30, 2014— before Mahuron’s response to the motion to dismiss- was filed on April 2 — the then-trial court judge granted the Department’s motion to dismiss. Mataron appeals, asserting in his sole, issue that the trial court erred and abused its discretion by dismissing his suit for, failure to exhaust his administrative remedies. .

Generally, the dismissal of inmate litigation under Chapter 14 is reviewed for abuse of discretion. Brewer v. Simental, 268 S.W.3d 763, 767 (Tex.App.-Waco 2008, no pet.). “A trial court has no discretion to determine what the law is or in applying the law to the facts and, consequently, the trial court’s failure to analyze or apply the law' correctly is an abuse of discretion.” In re Am. Homestar of Lancaster, Inc., 50 S,W.3d 480, 483 (Tex.2001)(orig.proceeding). Sectiom 14.005(a) provides:

(á) An inmate who files a claim that is subject to the grievance system established under Section 501.008, Government Code, shall file with the court:
(1) an affidavit or unsworn declaration stating the date that the grievance was filed and the date the written decision described by Section 501.008(d), Government Code, was received by the inmate; and
(2) a copy of the written decision from the grievance system.

Tex. Civ. Pkac. & Rem. Code Ann. § 14.005(a).

Section 501.008(d) provides:

(d) An inmate may not file a claim in state court regarding operative facts for which the grievance system provides the exclusive administrative remedy until:
[380] (1) the inmate receives a written de- < cisión issued by the highest authority provided for in the grievance system; or
(2) if the inmate has not received a written 'decision described by Subdivision (1), the 180th day after . the date the grievance is filed.

Tex. Gov’t Code- Ann. § 501.008(d) (West 2012).

“Section 14.005(a)(2)’s purpose is to demonstrate that an inmate, proceeding in forma pauperis, has exhausted his or hér ádministrative remedies through the TDCJ’s grievance system by providing certain information to the court, including a copy of the written decision from the grievance system.” Garrett v. Borden, 283 S.W.3d 852, 853 (Tex.2009); see Brewer, 268 S.W.3d at 769. “An inmate must prove he exhausted all administrative remedies within the penal grievance system before initiating a lawsuit.” Wallace v. Tex. Dep’t Crim. Just-Inst. Div., 36 S.W.3d 607, 610 (Tex.App.-Houston [1st Dist.] 2000, pet. denied). The “proper exhaustion” of the grievance process is accomplished by the inmate’s “compliance with an agency’s, deadlines and other critical procedural rules.” Leachman v. Dretke, 261 S.W.3d 297, 309 (Tex.App-Fort Worth 2008, no pet.) (citing Woodford v. Ngo, 548 U.S. 81, 90-91, 126 S.Ct. 2378, 2386, 165 L.Ed.2d 368 (2006)).

We have previously stated that if an inmate does not strictly comply with section 14.005(a), a trial court does not abuse its discretion in. dismissing the suit. Brewer, 268 S.W.3d at 768.. But a year after our decision in Brewer, the supreme court in Garrett 'did not require strict compliance, holding that a hand-typed, verbatim reproduction of the written decision satisfied section 14.005(a)(2). Garrett, 283 S.W.3d at 853-54. And in response to a prison official’s argument that strict compliance is required, a sister court recently similarly held that an inmate substantially complied with section 14.005. Camacho v. Rosales, — S.W.3d ;-,-, 2014 WL 2808993, at *3 (Tex.App.-El Paso June 20, 2014, no pet.); see also Francis v. TDCJ-CID, 188 S.W.3d 799, 804 (Tex.App.-Fort Worth 2006, no pet.) (“we believe that such a hypertechnical application of the statute [§ 14.005] is unnecessary and unjust regarding this particular claim”).

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Mahuron v. TDCJ, 494 S.W.3d 377, 2015 Tex. App. LEXIS 10618, 2015 WL 6146376 (Tex. Ct. App. 2015).

494 S.W.3d 377 (Mahuron v. TDCJ) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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