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Anthony D. Johnson v. Rick Thaler, Director, Texas Department of Criminal Justice, Institutional Division
Citation: Not availableDocket: 02-10-00435-CV
Court: Court of Appeals of Texas; May 12, 2011; Texas; State Appellate Court
Original Court Document: View Document
Appellant Anthony D. Johnson, an inmate at the Texas Department of Criminal Justice, filed a pro se civil lawsuit against Rick Thaler, the TDCJ Institutional Division Director, in the 89th District Court of Wichita County. Johnson's claims centered around his conviction for aggravated robbery and aggravated assault, asserting that his sentence and parole dates were improperly calculated due to the absence of a deadly weapon finding in the police report and judgment. He sought to have this finding removed from his judgment and TDCJ records, along with damages. The trial court dismissed Johnson's claims, citing Chapter 14 of the Civil Practice and Remedies Code, which allows dismissal of inmate lawsuits deemed malicious or frivolous. The court concluded that Johnson had a "slight" chance of success based on its review of the pleadings. Thaler subsequently filed a motion to dismiss for lack of jurisdiction, which the court granted. Johnson contended that the dismissal constituted an abuse of discretion and cited a "continuing violation" of his civil rights. However, the court noted that challenges to the duration of incarceration must be pursued through a writ of habeas corpus, which is the exclusive remedy for such matters. The court affirmed the dismissal, emphasizing that the proper legal avenue for addressing his claims was not through a civil suit, but rather a habeas corpus application filed in the court of conviction. The procedure outlined in article 11.07 is the sole means for discharging an inmate, rendering any alternative proceedings void. Only the court of criminal appeals has the authority to release individuals convicted of noncapital felonies. Jurisdiction for post-conviction habeas corpus relief exclusively resides with this court. In his original petition, Johnson requested the removal of a deadly weapon finding from his judgment and adjustments to his parole and release dates, along with damages for alleged federal and state civil rights violations. However, Texas law does not provide an implied private right of action for damages due to constitutional violations, and there is no equivalent statute to 42 U.S.C. § 1983. A civil tort action is inappropriate for challenging the validity of criminal judgments, which underpins Johnson's complaint. According to the precedent set in Heck v. Humphrey, a plaintiff must demonstrate that their conviction has been invalidated in order to pursue damages for unconstitutional imprisonment. Johnson's challenge to the legality of his detention was improperly filed in the wrong court and through an incorrect legal avenue. Consequently, the trial court lacked jurisdiction over his claim, leading to the dismissal of his lawsuit. The trial court's decisions were affirmed as it did not abuse its discretion.