Hector v. Thaler

OPINION

DUGGAN, Justice.

This is an appeal from the dismissal with prejudice of four prison inmates’ pro se suit in forma pauperis under Tex.Civ.PRAC. & Rem.Code Ann. § 13.001(b)(2) (Vernon Supp. 1993).

Appellants, inmates at the Ellis I Unit of the Texas Department of Criminal Justice, Institutional Division (TDCJ-ID), sued ap-pellees, TDCJ-ID officials, 1 alleging common-law negligence and' gross negligence.

In two points of error, they assert that: (1) section 13.001(b)(2) is unconstitutional under the state and federal constitutions; and (2) the trial court abused its discretion in dismissing…