Nabelek v. District Attorney of Harris County

MAJORITY OPINION

JOHN S. ANDERSON, Justice.

Appellant, Ivo Nabelek, appeals the dismissal of his suit against appellee, the District Attorney of Harris County, Texas. In his suit, Nabelek, an inmate at a state correctional facility proceeding pro se and in forma pauperis, sought declaratory and injunctive relief to determine the validity and constitutionality of section 552.028 of the Texas Open Records Act. Tex. Gov’t Code Ann. § 552.028 (Vernon 2004). The trial court dismissed Nabelek’s suit as frivolous pursuant to Texas Civil Practice and Remedies Code section 14.003(a)(2). Tex. Civ. Prac.…