Court of Civil Appeals of Texas, 2011

James Warren Bright v. Fred Early

James Warren Bright v. Fred Early
Court of Civil Appeals of Texas · Decided January 6, 2011

James Warren Bright v. Fred Early

Opinion

Opinion filed January 6, 2011

In The

Eleventh Court of Appeals __________ No. 11-10-00031-CV __________ JAMES WARREN BRIGHT, Appellant V. FRED EARLY, ET AL, Appellee

On Appeal from the 106th District Court Dawson County, Texas Trial Court Cause No. 09-07-18185

MEMORANDUM OPINION James W. Bright sought $600,000 in damages from Fred Early, James Ramsey, and Richard Aynes. Bright alleged that the defendants had discriminated against him because of his mental disability. He further alleged that he was placed in a general population cell; denied toilet paper, soap, a razor, and a shower; and was once given the wrong medication while he was confined in the Smith Unit of the Texas Department of Criminal Justice - Institutional Division and while the defendants were employees of TDCJ - ID. The trial court granted the defendants’ motion to dismiss, found that Bright had not complied with the requirements of TEX. CIV. PRAC. & REM. CODE ANN. §§ 14.001-.014 (Vernon 2002), determined that Bright’s claims were frivolous, and dismissed his action. We affirm.

On appeal, Bright contends that the trial court erred in dismissing his claims. We note that the record reflects that Bright failed to comply with the requirements of Sections 14.004- .005. Moreover, Bright failed to state an actionable claim. All of Bright’s arguments on appeal have been considered, and each is overruled. Bright has not established that the trial court abused its discretion.

The order of the trial court is affirmed.

PER CURIAM

January 6, 2011 Panel consists of: Wright, C.J., McCall, J., and Strange, J.

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