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Gayle F. Sharp v. Terry Mitchell Acreman

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MEMORANDUMOPINION

Gayle F. Sharp, an employee of the Texas Department of Criminal Justice, appeals from a summary judgment granted by the trial court in favor of Terry Mitchell Acreman, an inmate. Acreman sued Sharp, in his individual capacity, for theft of Acreman‟s property under the Texas Theft Liability Act; negligent supervision of inmates who packed Acreman‟s property for transfer to another unit; violations of Acreman‟s federal and state constitutional rights; retaliation for Acreman‟s filing of grievances; and loss of earnings. Essentially, Acreman complained that “Officer Sharp deprived plaintiff of his property by letting his support service inmates (SSI‟s) pack plaintiff‟s property and steal plaintiff‟s materials and tools.” See Tex. Civ. Prac. & Rem. Code Ann. §§ 134.001-.005 (West 2011). Sharp‟s answer denied the allegations and asserted affirmative defenses.

Acreman‟s motion for summary judgment asserted that Sharp failed to answer Acreman‟s first set of interrogatories, that Sharp is liable for the loss of Acreman‟s property and for $400 in actual damages, and that Sharp is liable for Acreman‟s lost earnings. Sharp did not file a response to the summary judgment motion. The trial court signed a summary judgment awarding Acreman monetary damages. We reverse the trial court‟s judgment and remand the case for further proceedings.

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