Pena v. McDowell

William Peña, an inmate incarcerated at the Angleton unit of the Texas Department of Criminal Justice-Institutional Division, filed suit against the Department as well as several individual defendants, including the Office of the Attorney General, alleging various tort claims and violations of his state and federal constitutional rights. The trial court dismissed Peña’s suit with prejudice as “frivolous or malicious.” The court of appeals affirmed the dismissal but reformed the trial court’s judgment to read “without prejudice.” Pena v. McDowell, No. 12-03-00141-CV, 2004 WL 2423546, at *4…