Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Kleven v. Texas Dept. of Criminal Justice

Neither a state nor its officials acting in their official capacities are "persons" for purposes of 42 U.S.C. '1983.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION

Richard Allen Kleven, II appeals from an adverse summary judgment granted in his suit against the Texas Department of Criminal Justice -Institutional Division (TDCJ). Kleven, an inmate acting pro se, sued the TDCJ and two of its employees, Matthew Cheatham and Gary Stevens, in their individual and official capacities. In his initial petition, Kleven contended the TDCJ was depriving him of his right to compensation under Tex. Gov’t Code Ann. � 501.007 (Vernon 1998) *fn1 and under the United States and Texas Constitutions without due process of law. *fn2 He requested a declaratory judgment, specific performance, and an injunction to prevent reprisals from other inmates, who allegedly were threatening him. Kleven also alleged Cheatham and Stevens took items of his personal property, ostensibly to verify their ownership, but failed to return the property. He further alleged Cheatham and Stevens were negligent per se in failing to conform with TDCJ’s operating procedures.

The TDCJ filed a motion to dismiss the suit as frivolous, which the trial court granted. On appeal, we reversed the trial court’s judgment, holding that the trial court’s basis for granting the dismissal, that the TDCJ is immune from liability for ordinary negligence claims, did not address Kleven’s theory of liability, i.e., that the TDCJ failed to provide meaningful administrative procedures for him to receive redress for the loss of his property. Kleven v. Texas Dep’t of Criminal Justice – Institutional Div., 35 S.W.3d 112, 114-15 (Tex. App.-Texarkana 2000, no pet.).

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Multifamily Fall 2024
October 15, 2024
Los Angeles, CA

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Learn More
California Legal Awards 2024
October 15, 2024
Los Angeles, CA

Law.com celebrates the California law firms and legal departments driving the state's dynamic legal landscape.


Learn More
Texas Legal Awards 2024
October 15, 2024
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More
Go to Events Go to Webcasts
Environmental and Land Use - Associate Attorney (3-6 years) October-November 2024

Adams Broadwell Joseph & Cardozo is accepting applications for an Associate Attorney to practice Environmental and Land Use Law in North...


Apply Now ›
Corporate (Privacy and Data Security) Associate - All Offices

Description: Fox Rothschild has an opening for an associate in the Corporate Department for a Privacy and Data Security Associate. This posi...


Apply Now ›
Personal Injury Litigator (Associate Attorney) $200K - $500K

Buckhead Law Wants You!About us:We are on our way to becoming Atlanta's top PI Firm by truly caring about our clients and obtaining huge win...


Apply Now ›
Go to Lawjobs