Lentworth v. Trahan

OPINION

MIRABAL, Justice.

This is an appeal from the trial court’s order dismissing with prejudice appellant’s suit as frivolous or malicious. We reform the judgment, and affirm.

Appellant sued Sgt. Melvin Trahan, Officer John Tipps, and Lt. Melodye Nelson, individually. Appellant alleged he was confined at the Texas Department of Criminal Justice— Darrington Unit, on March 23, 1996. That evening, Sgt. Melvin Trahan confiscated appellant’s portable radio, because another inmate’s name was scratched off and appellant’s name was scratched on. On March 24, 1996, appellant attempted to prove…