Hector v. Thaler

In its zeal to rid the prison system and employees of vexatious inmate litigation, the majority ignores established summary judgment standards of review to reach its desired result. Consequently, I dissent.

I. Law of the Case

Before discussing the merits of the motions for summary judgment, I must state my disagreement with the majority on its discussion of this case as it first appeared before this Court, Hector v. Thaler, 862 S.W.2d 176, 178 (Tex.App.-Houston [1st Dist.] 1993, no writ) (Hector I). In this opinion, Hector II, Justices Cohen and Wilson disagree with the holding of Hector I.…