Legal Opinion

LAGAITE v. Boland

Texas Court of Appeals, 7th District (Amarillo)

Decided November 16, 2009No. 07-08-0484-CVPublishedCited by 6 opinions

1Opinion of the Court

Opinion

BRIAN QUINN, Chief Justice.

Luis S. Lagaite, Jr. (Lagaite) appeals the dismissal of his lawsuit against Gregory C. Boland, and other prison employees or officials. Through four issues, Lagaite contends that the trial court erred by failing to allow him opportunity to amend his complaint, take his facts alleged as true, violated his constitutional rights by not holding a hearing on his suit and by refusing to consider the merits of his claims. We reverse.

Background

The following allegations underlying La-gaite’s purported treatment by prison personnel were taken from his original…

2Cases cited5 opinions

  1. Boxer X v. HarrisCourt of Appeals for the Eleventh Circuit · 2006
  2. Retzlaff v. Texas Department of Criminal Justice, Texas Court of Appeals, 14th District (Houston)2002
  3. Johnson v. LynaughTexas Supreme Court · 1990
  4. Scott v. Gallagher, Texas Court of Appeals, 1st District (Houston)2007
  5. Wilson v. TDCJ-ID, Texas Court of Appeals, 10th District (Waco)2008

3Cited by6 opinions

  1. Lagaite v. Uy, Texas Court of Appeals, 7th District (Amarillo)2011
  2. Charles W. Burnett v. David Sharp, Texas Court of Appeals, 14th District (Houston)2010
  3. Luis S. Lagaite, Jr., TDCJ-CID 762508 v. Dr. Julito P. Uy, Texas Court of Appeals, 7th District (Amarillo)2011
  4. Miguel A. Tijerina v. State, Texas Court of Appeals, 7th District (Amarillo)2006
  5. Steven Boyd v. Corey Dustin Jones and Robert Love III, Texas Court of Appeals, 7th District (Amarillo)2019

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