Black v. David Wade Correctional Center

The issue before the court is whether the trial court erred in dismissing as abandoned Harold Joe Black’s petition for damages allegedly sustained while Black was incarcerated at David Wade Correctional Center (“DWCC”). This court affirms the lower court’s decision of abandonment, which dismissed Black’s suit without prejudice.

FACTS

On November 23, 2011, Black, a prisoner at DWCC, filed a petition for damages against the prison officials in which he alleged he developed pancreatic cancer as a result of being exposed to secondhand smoke during incarceration. His petition was accompanied by a…