Brown v. Lynaugh

OPINION

O’CONNOR, Justice.

This is an appeal from a dismissal pursuant to Tex.Civ.PRac. & Rem.Code Ann. § 13.-001 (Vernon Supp.1991). Plaintiff, Jerry Brown, a/d/a/ Jerry Davis, is a prisoner at Texas Department of Justice, Institutional Division (TDC). The plaintiff’s cause of action is based on the Wrongful Imprisonment Act. The premise of his lawsuit is that he should have been held at the county jail, not at TDC. We affirm the trial court’s dismissal of the suit.

Without a hearing, the trial court dismissed the plaintiff’s action with prejudice pursuant to its authority under Tex.Civ. PRAC.…