Thomas v. Allen

Dan Thomas, an inmate in the Texas Department of Corrections, sued two prison guards for using excessive force while transporting him between correctional facilities. He asserts causes of action based upon state law and upon 42 U.S.C. § 1983 (1981). 1 The district court dismissed Thomas’ entire suit for want of jurisdiction. 2 The court of appeals reversed the dismissal of Thomas’ state law claim and remanded it for further proceedings, but held that the trial court “did not abuse its discretion in declining to assume jurisdiction of the § 1983” claim. 822 S.W.2d 816, 817. The court…