IN THE

TENTH COURT OF APPEALS

No. 10-11-00021-CV

SHAWN DUNN,

Appellant

v.

CORYELL COUNTY JAIL,

Appellee

From the 52nd District Court

Coryell County, Texas

Trial Court No. 39750

MEMORANDUM OPINION

Shawn Dunn appeals from the trial court’s order dismissing his cause of action 

against the Coryell County Jail, the Sheriff of Coryell County, and the Jail 

Administration. We affirm.

Background Facts

Dunn filed suit against the Coryell County Jail on his own behalf and on behalf 

of other inmates. His petition alleged violations of the Sixth Amendment of the United 

States Constitution in that the sheriff and jail administration denied inmates contact 
Dunn v. Coryell County Jail Page 2

with counsel, transferred inmates improperly, and illegally injected inmates with 

vaccines. The Coryell County Attorney filed a motion to dismiss the claims, and the 

trial court granted the motion and entered an order dismissing all claims. 

Argument

Dunn argues on appeal that the trial court erred in finding the claims malicious 

and frivolous and in dismissing the claims. Chapter 14 of the Texas Civil Practice and 

Remedies Code is applicable to inmate litigation. Section § 14.003 provides in relevant 

part:

(a) A court may dismiss a claim, either before or after service of 

process, if the court finds that:

(1) the allegation of poverty in the affidavit or unsworn declaration 

is false;

(2) the claim is frivolous or malicious; or

(3) the inmate filed an affidavit or unsworn declaration required by 

this chapter that the inmate knew was false.

(b) In determining whether a claim is frivolous or malicious, the 

court may consider whether:

(1) the claim's realistic chance of ultimate success is slight;

(2) the claim has no arguable basis in law or in fact;

(3) it is clear that the party cannot prove facts in support of the 

claim; or

(4) the claim is substantially similar to a previous claim filed by the 

inmate because the claim arises from the same operative facts.

TEX. CIV. PRAC. & REM. CODE ANN. § 14.003 (West 2002). 

The motion to dismiss alleges that Dunn’s petition is frivolous and malicious 

because the claims 1) do not have a reasonable chance of ultimate success, 2) do not 
Dunn v. Coryell County Jail Page 3

have an arguable basis in law or in fact, and 3) do not allege a legal cause of action upon 

which any relief can be granted. 

When the trial court's order dismissing an indigent inmate's claims does not state 

the grounds on which the trial court granted the dismissal, the inmate must show on 

appeal that each of the grounds alleged in the respective motion to dismiss is 

insufficient to support the trial court's order. Summers v. State, 256 S.W.3D 752, 755 

(Tex. App.—Beaumont 2008, no pet.). A trial court has broad discretion to dismiss an 

indigent inmate's Chapter 14 lawsuit as frivolous or malicious, and we reverse its 

decision only if the court abused its discretion. Id. A trial court abuses its discretion if it 

acts without reference to the pertinent guiding rules or principles. Id. 

After reviewing the record, we find that the trial court did not abuse its 

discretion in dismissing the claims. See TEX. CIV. PRAC. & REM. CODE ANN. § 14.003 (b) 

(West 2002). We have considered all of Dunn’s complaints on appeal, and all are 

overruled.

Conclusion

We affirm the trial court’s judgment.

AL SCOGGINS

Justice

Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

Affirmed

Opinion delivered and filed December 21, 2011

[CV06]