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Prisoner's Civil Suit Filed When Given to Prison Officials in Texas
By Matthew T. Clarke
On December 8, 2004, the Texas Court of Appeals held that a prisoner's
lawsuit was considered filed the day he turned it over to prison officials
for mailing.
Edwin H. Witherspoon, a Texas state prisoner, filed a civil rights suit
against prison officials in state court. The officials filed a motion to
dismiss, alleging the suit had not been filed within 31 days following
Witherspoon's receipt of a final written decision from the prison system's
grievance system as required by § I4.005(b), Texas Civil Practice and
Remedies Code. The trial court granted the motion. Witherspoon appealed.
On appeal, Witherspoon claimed that he received the final grievance
decision on December 10, 2003, and mailed his original petition and other
lawsuit-initiating documents to the district court three days later by
placing them in a postage-prepaid, properly-addressed envelope and turning
the envelope over to the prison's access to courts representative. The
petition was file-stamped by the district court on January 27, 2004.
Witherspoon blamed the late filing on negligence by the district court clerk.
The Court of Appeals noted the Texas Supreme Court had recently held that a
prisoner's petition was deemed filed when it was turned over to prison
authorities for mailing. Warner v. Glass, 135 S.W.2d 681 (Tex. 2004). [PLN,
March 2005, p.36]. The record in this case did not include a copy of the
postmarked envelope in which the petition was mailed, but it did include
Witherspoon's in forma pauperis documents, all of which were dated either
December 12, 2003 or December 13, 2003. Furthermore, the defendants did not
controvert Witherspoon's assertion that he gave his petition to prison
officials on December 13, 2003. Therefore, because the uncontroverted
evidence indicated that prison authorities had timely received
Witherspoon's petition, the Court of Appeals held the lawsuit was timely
filed.
The judgment of the trial court was reversed and the case returned to that
court for further proceedings. See: Witherspoon v. Johnson, Texas Court of
Appeals-San Antonio, 2004 WL 2803410.
On December 8, 2004, the Texas Court of Appeals held that a prisoner's
lawsuit was considered filed the day he turned it over to prison officials
for mailing.
Edwin H. Witherspoon, a Texas state prisoner, filed a civil rights suit
against prison officials in state court. The officials filed a motion to
dismiss, alleging the suit had not been filed within 31 days following
Witherspoon's receipt of a final written decision from the prison system's
grievance system as required by § I4.005(b), Texas Civil Practice and
Remedies Code. The trial court granted the motion. Witherspoon appealed.
On appeal, Witherspoon claimed that he received the final grievance
decision on December 10, 2003, and mailed his original petition and other
lawsuit-initiating documents to the district court three days later by
placing them in a postage-prepaid, properly-addressed envelope and turning
the envelope over to the prison's access to courts representative. The
petition was file-stamped by the district court on January 27, 2004.
Witherspoon blamed the late filing on negligence by the district court clerk.
The Court of Appeals noted the Texas Supreme Court had recently held that a
prisoner's petition was deemed filed when it was turned over to prison
authorities for mailing. Warner v. Glass, 135 S.W.2d 681 (Tex. 2004). [PLN,
March 2005, p.36]. The record in this case did not include a copy of the
postmarked envelope in which the petition was mailed, but it did include
Witherspoon's in forma pauperis documents, all of which were dated either
December 12, 2003 or December 13, 2003. Furthermore, the defendants did not
controvert Witherspoon's assertion that he gave his petition to prison
officials on December 13, 2003. Therefore, because the uncontroverted
evidence indicated that prison authorities had timely received
Witherspoon's petition, the Court of Appeals held the lawsuit was timely
filed.
The judgment of the trial court was reversed and the case returned to that
court for further proceedings. See: Witherspoon v. Johnson, Texas Court of
Appeals-San Antonio, 2004 WL 2803410.
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Related legal case
Witherspoon v. Johnson
| Year | 2004 |
|---|---|
| Cite | Texas Court of Appeals-San Antonio, 2004 WL 28034 |
| Level | State Court of Appeals |
| Attorney Fees | 0 |
| Damages | 0 |
| Injunction Status | N/A |