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Texas Prisoners Have No Lawful Right To Their Own Records
Pro se Texas State prisoner Kenneth Hickman appealed a court's dismissal of his action to compel Warden David Moya to produce records regarding an alleged false prison report. The court affirmed judgment dismissing his action as frivolous.
After his request was denied Hickman filed action claiming that he was entitled to his records under Vernon's Annotated Government Code § 552.028(b). His action was dismissed as frivolous and malicious because his claim lacked factual or lawful basis and stated no cause of action.
Hickman appealed arguing he needed the records to determine corrective pursuit options. He claimed that the report affected his chances of parole and that he suffered harm due to a one year "punitive cell placement" at the Gatesville prison where he was incarcerated.
On appeal, the Tenth District Court of Appeals of Texas at Waco held that the dismissal was appropriate because Texas Civil Practice and Remedies Code, ch. 14 § 14.003, allows dismissal if the claim is frivolous or malicious. It was determined as both since Texas law does not require fulfilling prisoners' information requests. See: Hickman v. Moya. 976 S.W.2d 360 (Tex. App. 1998).
After his request was denied Hickman filed action claiming that he was entitled to his records under Vernon's Annotated Government Code § 552.028(b). His action was dismissed as frivolous and malicious because his claim lacked factual or lawful basis and stated no cause of action.
Hickman appealed arguing he needed the records to determine corrective pursuit options. He claimed that the report affected his chances of parole and that he suffered harm due to a one year "punitive cell placement" at the Gatesville prison where he was incarcerated.
On appeal, the Tenth District Court of Appeals of Texas at Waco held that the dismissal was appropriate because Texas Civil Practice and Remedies Code, ch. 14 § 14.003, allows dismissal if the claim is frivolous or malicious. It was determined as both since Texas law does not require fulfilling prisoners' information requests. See: Hickman v. Moya. 976 S.W.2d 360 (Tex. App. 1998).
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Related legal case
Hickman v. Moya
| Year | 1998 |
|---|---|
| Cite | 976 S.W.2d 360 (Tex. App. 1998) |
| Level | State Court of Appeals |
| Injunction Status | N/A |