Vacca v. Farrington

• Decision Date: 27 August 2002
• Docket Number: No. 06-02-00030-CV.,06-02-00030-CV.
• Citation: 85 S.W.3d 438
• Parties: Angel Martinez VACCA, Appellant, v. Ronald L. FARRINGTON, et al., Appellees.
• Court: Texas Court of Appeals

Page 438

85 S.W.3d 438

Angel Martinez VACCA, Appellant, v. Ronald L. FARRINGTON, et al., Appellees.

No. 06-02-00030-CV.

Court of Appeals of Texas, Texarkana.

Submitted April 15, 2002.

Decided August 27, 2002.

Angel Martinez Vacca, Hondo, pro se.

Before GRANT, ROSS, and CORNELIUS,^* JJ.

OPINION

Opinion by Justice GRANT.

Angel Martinez Vacca appeals the dismissal of his suit brought under 42 U.S.C.A. § 1983 (West Supp.2002) against Ronald L. Farrington, et al. His suit alleged the defendants violated his constitutional rights by participating in a civil conspiracy, in retaliation to Vacca's filing a suit in federal court complaining of staff misconduct. He alleges the appellees violated his rights by changing his job assignment, placing him in a dangerous environment, filing false disciplinary actions against him, placing him in solitary confinement, depriving him of adequate nutrition, and reducing his custody level from minimum security to medium security.

Vacca contends the trial court abused its discretion in dismissing his suit as frivolous.

The special master assigned to Vacca's case reported that the allegations involved in Vacca's suit were directly related to and the result of Vacca's filing of a suit in federal court and were therefore inextricably intertwined with the federal questions over which a federal court had asserted jurisdiction. The special master recommended the trial court either dismiss the suit for lack of jurisdiction or remove the action to federal court where the primary action was pending. The Special Master did conclude that if the trial court asserted jurisdiction over the suit, Vacca had alleged facts which, if credible, would establish a prima facie case.

The Order of Dismissal filed by the trial court stated

[T]he Court having reviewed the evidence in this matter, the pleadings on file, and the evidence recommendations of the Special Master and being of the opinion that this cause, if asserted, relates to actions purportedly related to previous Federal litigation and the Court also being of the opinion that the matters asserted there are frivolous and that the actions taken by prison personnel were within their authority,

The Court hereby dismisses said cause of action.

Because Vacca is an inmate and filed an affidavit of inability to pay costs, his suit is governed by Chapter 14 of the Texas Civil Practice and Remedies Code. TEX. CIV. PRAC. & REM.CODE ANN. § 14.001, et seq. (Vernon Supp.2002). Under this chapter, a trial court has broad discretion to dismiss an inmate's suit if it finds the claim is frivolous or malicious. TEX. Crv. PRAC. & REM.CODE ANN. § 14.003; see Lentworth v. Trahan, 981 S.W.2d 720, 722 (Tex. App.-Houston [1st Dist.] 1998, no pet.). In determining whether a claim is frivolous or malicious, the court may consider whether: (1) the claim's realistic chance of ultimate success is slight; (2) the claim has no arguable basis in law or in fact; (3) it is clear the party cannot prove facts in support of the claim; or (4) the claim is substantially similar to a previous claim filed by the inmate because the claim arises from the same operative facts. TEX. CIV. PRAC. & REM.CODE ANN. § 14.003(b) (Vernon Supp.2002). However, the Texas Supreme Court has discouraged reliance on whether the claim's realistic chance of ultimate success is slight or whether it is clear the party cannot prove facts in support of the claim as a basis for the claim's dismissal. Johnson v. Lynaugh, 796 S.W.2d 705, 706 (Tex.1990). A trial court's dismissal of an action as frivolous or malicious is subject to review under an abuse of discretion standard. See Martinez v. Thaler, 931 S.W.2d 45, 46 (Tex.App.-Houston [14th Dist.] 1996, writ denied). Abuse of discretion exists where a court acts without reference to applicable guiding principles, acts arbitrarily, or misinterprets or misapplies those guiding rules or the law. Letson v. Barnes, 979 S.W.2d 414, 417 (Tex. App.-Amarillo 1998, pet. denied).

Under TEX. CIV. PRAC. & REM.CODE

§ 14.005(b), the trial court "shall dismiss a claim if the inmate fails to file the claim before the 31st day after the date the inmate receives the written decision from the grievance system." However, the trial court did not include this as a ground for dismissal in its Order of Dismissal, so we shall not consider whether dismissal would have been proper under this provision.

[3] Vacca first argues the trial court could not have properly dismissed his suit

under TEX. CIV. PRAC. & REM.CODE ANN.

§ 14.003(b)(4). Vacca argues that the language of Section 14.003(b)(4), that "the claim is substantially similar to a previous claim filed by the inmate because the claim arises from the same operative facts," contains the same concept as res judicata and, therefore, requires that the same three elements required for res judicata be met in order for the claim to be frivolous: a prior final judgment on the merits by a court of competent jurisdiction, identity of parties or those in privity with them, and a second action based on the same claims as were raised or could have been raised in the first action. See Amstadt v. United States Brass Corp., 919 S.W.2d 644, 652 (Tex.1996). Vacca argues that no judgment had been rendered in his federal litigation and, therefore, the first element could not be met.

In Howell, we determined that the language set forth in the statute permitting dismissal of claims substantially similar to previous claims arising out of the same operative facts was the same language used to define the common-law concept of res judicata. See Howell v. Tex. Dep't of Criminal Justice, 28 S.W.3d 125 (Tex. App.-Texarkana 2000, no pet.). We concluded the analysis to be used was the same under both Section 14.003(b)(4) and res judicata. Id. Our analysis of the similarity between res judicata and Section 14.003(b)(4) focused on the "same claims" element of res judicata, which has been interpreted as setting out a transactional test, comparing the operative facts of the claims, to determine whether a lawsuit is barred. It is this transactional approach which is the same for determining the propriety of a dismissal under both res judicata and Section 14.003(b)(4). We determined in Howell that the information in the record was not sufficient to support the trial court's conclusion that the two suits were substantially similar. Although we also mentioned there was no evidence of a final judgment in Howell, as required by res judicata, we did not intend to imply that Section 14.003(b)(4) required a final judgment or a determination of the previous claim. The language of Section 14.003(b)(4) does not suggest such a requirement.

Vacca's Affidavit Identifying Suit describes his federal case stating, "Relief is being sought on a retaliation claim under the First, Eighth, and Fourteenth Amendments to the United States Constitution, and State Law." None of the defendants listed in the affidavit are involved in this suit. The Special Master concluded, "Since the allegations involved in the subject lawsuit are directly related to and the result of Plaintiffs filing of a suit in federal court, any state issues are inextricably intertwined with federal questions over which a federal court has asserted jurisdiction."

Although both of Vacca's claims involve allegations of retaliation and violations of constitutional rights, this information is insufficient to determine that the claims arise from the same operative facts. To...