Ryan Gallagher v. Collin County

CourtCourt of Appeals of Texas
DecidedMay 27, 2021
Docket05-20-00098-CV
StatusPublished

This text of Ryan Gallagher v. Collin County (Ryan Gallagher v. Collin County) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ryan Gallagher v. Collin County, (Tex. Ct. App. 2021).

Opinion

Affirmed and Opinion Filed May 27, 2021

In the Court of Appeals Fifth District of Texas at Dallas No. 05-20-00098-CV

RYAN GALLAGHER, Appellant V. CITY OF AUSTIN, COLLIN COUNTY, STATE OF TEXAS, AND TEXAS ATTORNEY GENERAL, Appellees

On Appeal from the 416th Judicial District Court Collin County, Texas Trial Court Cause No. 416-00049-2020

MEMORANDUM OPINION Before Justices Schenck, Reichek, and Carlyle Opinion by Justice Carlyle

Ryan Gallagher, appearing pro se, appeals the trial court’s order declaring him

a vexatious litigant. We affirm the trial court’s order in this memorandum opinion.

See TEX. R. APP. P. 47.4.

Mr. Gallagher filed this case pro se in Travis County, Texas, in August 2019,

asserting claims against several governmental entities regarding past drug arrests

that he contends violated his religious rights. On January 3, 2020, the case was

transferred to the 416th Judicial District Court of Collin County. On January 8, 2020, defendant Collin County filed a motion requesting that

the trial court declare Mr. Gallagher a vexatious litigant. Following Mr. Gallagher’s

response and a hearing, the trial court signed a January 24, 2020 order declaring Mr.

Gallagher a vexatious litigant and issued a pre-filing order against him. In March

2020, the trial court signed a final judgment dismissing Mr. Gallagher’s claims with

prejudice based on other grounds. Mr. Gallagher filed a timely notice of appeal of

“the decision to declare me a Vexatious Litigant.”

Chapter 11 of the Texas Civil Practice and Remedies Code provides a

mechanism to restrict vexatious litigation by pro se individuals who abuse the legal

system by pursuing numerous frivolous lawsuits. TEX. CIV. PRAC. & REM. CODE

§§ 11.001–.104. The statute seeks to curb vexatious litigation by requiring plaintiffs

found by the court to be “vexatious” to post security for costs before proceeding to

trial. Id. §§ 11.051–.056.

Under Chapter 11, a defendant against whom a civil action is commenced,

maintained, or pending may move the trial court for an order determining that the

plaintiff is a vexatious litigant. Id. § 11.051. The court may find that a pro se plaintiff

is a vexatious litigant if the defendant shows there is not a reasonable probability

that the plaintiff will prevail in the litigation and that:

(1) the plaintiff, in the seven-year period immediately preceding the date the defendant makes the motion under Section 11.051, has commenced, prosecuted, or maintained at least five litigations as a pro se litigant other than in a small claims court that have been (A) finally determined adversely to the plaintiff;

–2– (B) permitted to remain pending at least two years without having been brought to trial or hearing; or (C) determined by a trial or appellate court to be frivolous or groundless under state or federal laws or rules of procedure; [or] (2) after a litigation has been finally determined against the plaintiff, the plaintiff repeatedly relitigates or attempts to relitigate, pro se, either: (A) the validity of the determination against the same defendant as to whom the litigation was finally determined; or (B) the cause of action, claim, controversy, or any of the issues of fact or law determined or concluded by the final determination against the same defendant as to whom the litigation was finally determined[.]

Id. § 11.054(1)–(2). “Litigation” means “a civil action commenced, maintained, or

pending in any state or federal court.” Id. § 11.001(2).

We review a trial court’s order determining a litigant is vexatious for an abuse

of discretion. Harris v. Rose, 204 S.W.3d 903, 905 (Tex. App.—Dallas 2006, no

pet.). Under this standard, we may not substitute our judgment for the judgment of

the trial court. Id. A trial court abuses its discretion if it acts in an arbitrary or

capricious manner without reference to any guiding rules or principles. E.g., Drum

v. Calhoun, 299 S.W.3d 360, 364 (Tex. App.—Dallas 2009, pet. denied).

Here, we recognize Mr. Gallagher is acting pro se and we must construe his

brief liberally. Amrhein v. Bollinger, 593 S.W.3d 398, 401 (Tex. App.—Dallas 2019,

no pet.) (citing Sterner v. Marathon Oil Co., 767 S.W.2d 686, 690 (Tex. 1989)). But

our rules of appellate procedure have specific requirements for briefing, see TEX. R.

APP. P. 38.1, and the law is well-settled that a party proceeding pro se must comply

–3– with all applicable rules. Amrhein, 593 S.W.3d at 401; Harris v. Showcase Chevrolet,

231 S.W.3d 559, 561 (Tex. App.—Dallas 2007, no pet.).

Though Mr. Gallagher purports to assert nine issues for our review, his

appellate brief fails to present applicable facts, argument, and authorities for each

purported issue.1 See Amrhein, 593 S.W.3d at 402. The brief is rambling and largely

incoherent, and its sixty pages consist mainly of jumbled and chaotic references to

laws, constitutional rights, alleged crimes, wrongdoing, and complaints. This has

made it difficult, if not impossible, to ascertain the issues presented. See id. The

references made by Mr. Gallagher to the record or to legal authority are not

accompanied by discussion, argument, or explanation of how the references relate

to an issue on appeal. See id. at 403. Instead, this brief “provides no substantive

analysis and makes no cogent argument.” Id.

In the brief’s conclusion, Mr. Gallagher states, “I request declaratory relief as

to Religious Issues and Criminal acts of the County and State, as well as a lifting of

the Vexatious litigant order intended to harm my Religious Exercise and ability to

access the Courts.” Our best efforts to construe an issue raised by Mr. Gallagher’s

brief leave us with only a complaint that the trial court erred by declaring him a

vexatious litigant. We conclude he has preserved no issue for our review except the

1 At this Court’s instruction, Mr. Gallagher amended his appellate brief twice prior to submission. His brief states his “issues presented” as follows: Reopening and Merging Cases; Jurisdiction; Negligence/Noble Cause Corruption; Bill of Review; Conflict of Interest; Sovereign Immunity Waived and Destruction of Governmental Record; Bob Davis: Aggravated Perjury & Fraud on the Court; Judge Cynthia Wheless (Illegal Sanctions, Void Order, Recusal); and Greg Abbott and Ken Paxton: Conflict of Interest. –4– question of whether the trial court abused its discretion in declaring him a vexatious

litigant.2 See id. at 403; TEX. R. APP. P. 38.1.

The trial court’s order stated Mr. Gallagher met the criteria for being

determined a vexatious litigant under sections 11.054(1)(A) and 11.054(2). Mr.

Gallagher’s issues do not assert or describe any particular trial court error regarding

those criteria. And even assuming he has raised such a challenge, the record shows

those criteria were met.

Under both sections 11.054(1)(A) and 11.054(2), a defendant filing a section

11.051 motion has the burden to show there is not a reasonable probability that the

plaintiff will prevail in the underlying litigation. At the trial court hearing, Collin

County produced evidence that Mr. Gallagher’s claims were barred because they

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Related

Harris v. Rose
204 S.W.3d 903 (Court of Appeals of Texas, 2006)
Harris v. Showcase Chevrolet
231 S.W.3d 559 (Court of Appeals of Texas, 2007)
Leonard v. Abbott
171 S.W.3d 451 (Court of Appeals of Texas, 2005)
Drum v. Calhoun
299 S.W.3d 360 (Court of Appeals of Texas, 2010)
Sterner v. Marathon Oil Co.
767 S.W.2d 686 (Texas Supreme Court, 1989)
1901 NW 28th Street Trust v. Lillian Wilson, LLC
535 S.W.3d 96 (Court of Appeals of Texas, 2017)

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