Smith v. Stevens

OPINION

COHEN, Justice.

Appellant, Willie Smith, a state prison inmate, sued a prison guard, Dale Stephens, for $3.55 in actual damages, an injunction, and a declaratory judgment. Smith claims Stephens took his coffee bag and two packs of cigarettes. Six days after Smith sued, the trial court found the suit was frivolous and dismissed it with prejudice, pursuant to Tex.Civ.PRAC. & Rem. Code Ann. § 13.001 (Vernon Supp.1991). We affirm.

De minimus non curiat lex. The law cares not for small things. Black’s Law Dictionary 388 (5th ed. 1979). Any error is harmless because the amount of actual…