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. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
Legal Research Attorney (Criminal)

The Superior Court of California, County of Alameda is accepting applications for the position of Legal Research Attorney. Under general dir...


Apply Now ›
Attorney - Medical Malpractice

ROSENBERG JACOBS HELLER & FLEMING, PC of Morris Plains, NJ is seeking a full-time Attorney who has at least 5 years experience, includin...


Apply Now ›
(NEW) REAL ESTATE ASSOCIATES FOR LAW FIRM KNOWN AS BEST PLACE TO WORK; TOP PAY SCALE (Chicago, IL or other US office)

Our client, a well-regarded national law firm widely recognized as one of the top places to work, has engaged us to find multiple real estat...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements