Brewer v. Collins

OPINION

HEDGES, Justice.

This is an appeal from a dismissal with prejudice of appellant’s pro se, in forma pauperis action. The trial court dismissed appellant’s suit as frivolous under Tex.Civ. PRAC. & Rem.Code Ann. § 13.001(a)(2) (Vernon Supp.1992). Appellant had sued cer tain employees of the Texas Department of Criminal Justice, Institutional Division, alleging negligence and violation of his state and federal constitutional rights. In his sole point of error, appellant asserts that the trial court abused its discretion in dismissing his complaint because his claim had an arguable basis in…