Morris v. Collins

• Decision Date: 17 August 1995
• Docket Number: No. 01-94-00950-CV,01-94-00950-CV
• Citation: 916 S.W.2d 527
• Parties: David Gene MORRIS, Appellant, v. James A. COLLINS, Appellee. (1st Dist.)
• Court: Texas Court of Appeals

Page 527

916 S.W.2d 527

David Gene MORRIS, Appellant, v. James A. COLLINS, Appellee.

No. 01-94-00950-CV.

Court of Appeals of Texas Houston (1st Dist.).

Aug. 17, 1995.

David Gene Morris, for appellant.

Dan Morales, Ann Kraatz, Hirge Vega, Georgia L. Meaney, Drew T. Durham, Austin, for appellee.

Before HUTSON-DUNN and O'CONNOR, JJ.

OPINION

WILSON, Justice.

David Gene Morris, a Texas Department of Corrections inmate, filed suit pro se in forma pauperis against the appellee, James Collins, the executive director of the Texas Department of Criminal Justice (TDCJ). Morris challenges the constitutionality of TDCJ's grooming standards under the equal rights amendment to the Texas Constitution, article 1, section 3a, and TEX. GOV'T CODE § 501.001. ¹ The trial court, without a hearing, dismissed the case with prejudice as frivolous under TEX.CIV.PRAC. & REM.CODE § 13.001. We affirm.

In his sole point of error, Morris contends the trial court improperly dismissed his case because there is an arguable basis in law as to whether the TDCJ's haircut policy violates the equal rights amendment of the Texas Constitution and TEX.GOV'T CODE § 501.001.

A trial court has broad discretion to determine whether to dismiss a suit under TEX.CIV.PRAC. & REM.CODE § 13.001. Brown v. Lynaugh, 817 S.W.2d 813, 815 (Tex.App.--Houston [1st Dist.] 1991, no writ). A court may dismiss an action if: (1) the allegation of poverty in the affidavit is false; or (2) the action is frivolous or malicious. TEX.CIV.PRAC. & REM.CODE § 13.001(a). To determine whether an action is frivolous or malicious, the court can consider if (1) the action's realistic chance of ultimate success is slight; (2) the claim has no arguable basis in law or fact; or (3) it is clear that the party cannot prove a set of facts in support of the claim. TEX.CIV.PRAC. & REM.CODE § 13.001(b).

When, as in the present case, the trial court dismisses a suit without a fact hearing, the court could not have determined the suit had no arguable basis in fact. Hector v. Thaler, 862 S.W.2d 176, 178 (Tex.App.--Houston [1st Dist.] 1993, no writ); Birdo v. Williams, 859 S.W.2d 571, 572 (Tex.App.--Houston [1st Dist.] 1993, no writ). The supreme court has held that, in such a case, we must consider whether the trial court properly determined there is no arguable basis in law for the suit. Johnson v. Lynaugh, 796 S.W.2d 705, 706 (Tex.1990); see also Brown, 817 S.W.2d at 814.

Fact Summary

Morris complains the prison's grooming policy caused him to lose his individuality and self-esteem because he is not able to grow his hair in a way that flatters him to compensate for hereditary hair loss. Morris argues that TDCJ's Inmate Orientation Handbook requires male inmates to have hair that is neatly trimmed up the back of the neck and head and cut around the ears. ² He claims the policy also forbids any "block," "Afro," "natural," or "shag" haircuts. TDCJ's grooming policy for female inmates apparently only forbids "mohawks" and shaved or partially shaved heads.

The reality of incarceration is that inmates do not share the same quality of constitutional protection as the general public. Powell v. Estelle, 959 F.2d 22, 23 (5th Cir.1992). The various penological objectives require that courts circumscribe the constitutional protections extended inmates. O'Lone v. Estate of Shabazz, 482 U.S. 342, 348, 107 S.Ct. 2400, 2404, 96 L.Ed.2d 282 (1987); see Pell v. Procunier, 417 U.S. 817, 822-23, 94 S.Ct. 2800, 2804, 41 L.Ed.2d 495 (1974). Thus, we review a prisoner's claim of infringements of constitutional rights under a less exacting standard than we review those of the population at large. Powell, 959 F.2d at 23.

In Turner v. Safley, 482 U.S. 78, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987), the Supreme Court set forth the standard for evaluating prison regulations challenged as violating the federal constitution: "When a prison regulation impinges on inmates' constitutional rights, the regulation is valid if it is reasonably related to legitimate penological interests." 482 U.S. at 89, 107 S.Ct. at 2261; Powell, 959 F.2d at 22. The Turner Court discussed several factors relevant to determining a regulation's validity:

1. whether there is a valid, rational connection between the regulation and the legitimate, neutral governmental interest used to justify it 2. whether there are alternative means for prisoners to exercise the constitutional right at issue;

3. the impact of an accommodation on prison staff, inmates, and allocation of prison resources; and

4. whether any alternative exists that would fully accommodate prisoners' rights at low costs to valid penological interests.

Id. at 89-91, 107 S.Ct. at 2261-62. The Turner decision did not require a court to weigh evenly, or even consider, each of these factors. Scott v. Mississippi Dept. of Corrections, 961 F.2d 77, 80 (5th Cir.1992).

In Powell, the TDJC advanced justifications for hair grooming rules which further penological interests. Security problems result because prisoners can hide weapons in long hair. More prison resources then have to be allocated for guards to perform individual searches for weapons. Long hair also makes it harder to identify prisoners and apprehend them if they escape. Other legitimate penological interests include job safety and hygiene concerns. Id. at 24.

The TDJC presents similar justifications for the regulation Morris complains of in this case. We conclude the grooming regulation forbidding long hair and challenged by Morris is reasonably related to the legitimate penological interests of security, allocation of resources, and health and safety, and is therefore valid. We conclude there is no arguable basis in law for Morris's claim. Therefore, we hold the trial court's dismissal of this case as frivolous under TEX.CIV.PRAC. & REM.CODE § 13.001 was not improper. We overrule Morris's point of error.

Finding no reversible error, we affirm the judgment of the trial court.

O'CONNOR, Justice, concurring.

I agree with the disposition of this appeal, but write separately because I disagree with the reasoning of the majority opinion.

In any case in which the State, a political subdivision of the State, or a state or local official is a defendant, the threshold question must always be whether the court has subject matter jurisdiction based on governmental immunity from suit. The court must determine in each case whether the doctrine applies. Texas courts regularly dismiss otherwise meritorious actions against the State if the plaintiff cannot demonstrate a waiver of governmental immunity.

The true issue in this appeal is whether an inmate has any more right to sue the State than does an individual who is not incarcerated. The answer to that question must be no. In this appeal, the State moved to dismiss an inmate's lawsuit and relied in part on TEX.CIV.PRAC. & REM.CODE § 13.001, a statute largely designed to weed out frivolous lawsuits filed by indigent plaintiffs, and in particular, prisoners. The court decisions interpreting dismissals under section 13.001 have so far only reviewed the propriety of the dismissal under that statute and have not addressed the underlying question of whether the prisoner has the right to sue the State at all.

A person who is incarcerated certainly has no more right to sue the State than does the average citizen. For the reasons given below, I believe it is unnecessary to reach the merits of the trial court's dismissal under section 13.001 as the majority does. I would affirm the trial court's dismissal because the underlying suit was barred by governmental immunity, and the trial court, therefore, had no subject matter jurisdiction.

Factual Summary

David Gene Morris, a prison inmate, sued James Collins in his official capacity as the executive director of the Texas Department of Criminal Justice--Institutional Division (TDCJ). Morris asked for the following relief: (1) a declaratory judgment that the TDCJ's rules and policies concerning inmates' hair discriminates between inmates because of their sex in violation of TEX.GOV'T CODE § 501.001; (2) an injunction prohibiting the TDCJ from maintaining separate rules and policies regarding inmate hair for male and female inmates; (3) actual and compensatory damages in excess of $1,000; (4) a protective order to prevent harassment or retaliation against him as a result of filing this action; (5) costs of suit; (6) any and all attorney fees; and (7) any other relief to which he may be entitled.

Collins, through the Attorney General, filed special exceptions and an answer raising a number of defenses and affirmative defenses, including governmental immunity and official immunity. In his special exceptions, Collins objected to the pleadings because, among other reasons, Morris did not plead facts sufficient to overcome governmental and official immunity. ¹ After Morris replead, Collins filed a motion to dismiss premised on two grounds: (1) the suit was frivolous under TEX.CIV.PRAC. & REM.CODE § 13.001 and (2) the State was immune from suit. The trial court dismissed the case without stating a reason for the dismissal.

In his sole point of error, Morris contends the trial court improperly dismissed his case because there is an arguable basis in law whether TDCJ's haircut policy violates the equal rights amendment to the Texas Constitution and TEX.GOV'T CODE § 501.001. Morris does not attack the dismissal on the grounds of governmental immunity.

Review of Summary Judgment and Dismissal Orders

When a summary judgment or dismissal order does not state the specific grounds on which it was granted, a party appealing from the judgment rendered pursuant to that order must show that each of the independent arguments alleged in the motion for summary judgment or motion to dismiss is insufficient to support the order. See Gannon v. Baker, 830 S.W.2d 706, 709 (Tex.App.--Houston [1st Dist.] 1992, writ denied). Morris has not shown that the trial...