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Prisoner Fined for Frivolous Suit
Astate prison inmate sued a prison guard for $3.55 in actual damages, an injunction, and a declaratory judgement. His claim was that the guard took his coffee bag and two packs of cigarettes. Six days after the suit was filed, the trial court found the suit to be frivolous and dismissed it with prejudice. The inmate appealed.
The appeals court upheld the dismissal, quoting a Latin proverb: De minimus non curiat lex (the law cares not for small things). "Any error," the court found, "is harmless because the amount of actual damages is insignificant." The court found the appeal also frivolous, and assessed damages against the plaintiff inmate of $1420, "which equals ten times the taxable costs." See: Smith v. Stevens , 822 S.W.2d 152 (Tex.App. 1991).
The appeals court upheld the dismissal, quoting a Latin proverb: De minimus non curiat lex (the law cares not for small things). "Any error," the court found, "is harmless because the amount of actual damages is insignificant." The court found the appeal also frivolous, and assessed damages against the plaintiff inmate of $1420, "which equals ten times the taxable costs." See: Smith v. Stevens , 822 S.W.2d 152 (Tex.App. 1991).
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Related legal case
Smith v. Stevens
| Year | 1991 |
|---|---|
| Cite | 822 S.W.2d 152 (Tex. App. 1991) |
| Level | State Court of Appeals |
822 S.W.2D 152
WILLIE SMITH, Appellant V. DALE STEVENS, Appellee
No. 01-91-00364-CV
COURT OF APPEALS OF TEXAS, FIRST DISTRICT, HOUSTON
822 S.W.2d 152; 1991 Tex. App.
November 27, 1991, Delivered
November 27, 1991, Filed
SUBSEQUENT HISTORY: [**1] Application for Writ of Error Denied March 25, 1992.
PRIOR HISTORY:
On Appeal from the 278th District Court. Walker County, Texas. Trial Court Cause No. 17,371-C. Jerry Sandel, Judge.
DISPOSITION:
Judgment affirmed
COUNSEL:
Willie Smith, Pro Se.
Attorney for Appellee, Frank Blazek, Walker County Dist. Atty.
JUDGES:
Murry B. Cohen, Justice. Chief Justice Trevathan and Justice O'Connor also participating.
OPINIONBY:
MURRY B. COHEN
OPINION:
[*152] OPINION
Appellant, Willie Smith, a state prison inmate, sued a prison guard, Dale Stephens, for $ 3.55 in actual damages, an injunction, and a declaratory judgment. Smith claims Stephens took his coffee bag and two packs of cigarettes. Six days after Smith sued, the trial court found the suit was frivolous and dismissed it with prejudice, pursuant to TEX. CIV. PRAC. & REM. CODE ANN. § 13.001 (Vernon Supp. 1991). We affirm.
De minimus non curiat lex. The law cares not for small things. BLACK'S LAW DICTIONARY 388 (5th ed. 1979). Any error is harmless because the amount of actual damages is insignificant. Thompson v. Mannix, 814 S.W.2d 811, 812 (Tex. App. -- Waco 1991, no writ); Birdo v. Ament, 814 S.W.2d 808, 810 (Tex. App. -- Waco 1991, [**2] writ requested).
This appeal is frivolous. We assess damages against Smith of $ 1420.00, which equals ten times the taxable costs. TEX. R. APP. P. 84.
[*153] The judgment is affirmed. Costs are assessed against Smith in amount of $ 1420.00.
Murry B. Cohen, Justice. Chief Justice Trevathan and Justice O'Connor also participating.
WILLIE SMITH, Appellant V. DALE STEVENS, Appellee
No. 01-91-00364-CV
COURT OF APPEALS OF TEXAS, FIRST DISTRICT, HOUSTON
822 S.W.2d 152; 1991 Tex. App.
November 27, 1991, Delivered
November 27, 1991, Filed
SUBSEQUENT HISTORY: [**1] Application for Writ of Error Denied March 25, 1992.
PRIOR HISTORY:
On Appeal from the 278th District Court. Walker County, Texas. Trial Court Cause No. 17,371-C. Jerry Sandel, Judge.
DISPOSITION:
Judgment affirmed
COUNSEL:
Willie Smith, Pro Se.
Attorney for Appellee, Frank Blazek, Walker County Dist. Atty.
JUDGES:
Murry B. Cohen, Justice. Chief Justice Trevathan and Justice O'Connor also participating.
OPINIONBY:
MURRY B. COHEN
OPINION:
[*152] OPINION
Appellant, Willie Smith, a state prison inmate, sued a prison guard, Dale Stephens, for $ 3.55 in actual damages, an injunction, and a declaratory judgment. Smith claims Stephens took his coffee bag and two packs of cigarettes. Six days after Smith sued, the trial court found the suit was frivolous and dismissed it with prejudice, pursuant to TEX. CIV. PRAC. & REM. CODE ANN. § 13.001 (Vernon Supp. 1991). We affirm.
De minimus non curiat lex. The law cares not for small things. BLACK'S LAW DICTIONARY 388 (5th ed. 1979). Any error is harmless because the amount of actual damages is insignificant. Thompson v. Mannix, 814 S.W.2d 811, 812 (Tex. App. -- Waco 1991, no writ); Birdo v. Ament, 814 S.W.2d 808, 810 (Tex. App. -- Waco 1991, [**2] writ requested).
This appeal is frivolous. We assess damages against Smith of $ 1420.00, which equals ten times the taxable costs. TEX. R. APP. P. 84.
[*153] The judgment is affirmed. Costs are assessed against Smith in amount of $ 1420.00.
Murry B. Cohen, Justice. Chief Justice Trevathan and Justice O'Connor also participating.