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Texas Prisoners Have No Right to Record Requests
Texas State prisoner Larry Moore sought review of a 1996 dismissal of his writ of mandamus petition challenging limited access to his medical records by custodian Pamela Henry. Dismissal was affirmed because prisoners have no statutory right to request records in Texas.
Henry initially approved Moore's records request but allegedly only allowed him 30 minutes every 30 days to view them. Moore filed for the writ claiming that Henry's actions violated the Public Information Act (Act). A phone hearing was conducted and Henry's motion to deny and dismiss Moore's action as frivolous was granted.
On petition for rehearing, the First District for the Court of Appeals of Texas at Houston affirmed the judgment holding that under the Act "A governmental body is not required to accept or comply with a request or information from an individual who is imprisoned or confined in a correctional facility." See: Moore v. Henry, 960 S.W.2d 82 (Tex. App. 1996).
Henry initially approved Moore's records request but allegedly only allowed him 30 minutes every 30 days to view them. Moore filed for the writ claiming that Henry's actions violated the Public Information Act (Act). A phone hearing was conducted and Henry's motion to deny and dismiss Moore's action as frivolous was granted.
On petition for rehearing, the First District for the Court of Appeals of Texas at Houston affirmed the judgment holding that under the Act "A governmental body is not required to accept or comply with a request or information from an individual who is imprisoned or confined in a correctional facility." See: Moore v. Henry, 960 S.W.2d 82 (Tex. App. 1996).
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Related legal case
Moore v. Henry
| Year | 1996 |
|---|---|
| Cite | 960 S.W.2d 82 (Tex. App. 1996) |
| Level | State Court of Appeals |
| Injunction Status | N/A |