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Harrison v. TDCJ-Id

Court of Appeals of Texas, Tenth District, Waco
Aug 4, 2004
No. 10-02-00247-CV (Tex. App. Aug. 4, 2004)

Opinion

No. 10-02-00247-CV

Opinion delivered and filed August 4, 2004.

Appeal from the 52nd District Court, Coryell County, Texas, Trial Court # Cot-98-31706.

Affirmed.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.


MEMORANDUM Opinion


Alvin Lee Harrison sued the Texas Department of Criminal Justice (Department) and Hughes Unit Warden Kenneth Green for injunctive relief. He claims that Shi'a Muslims at the Unit were subjected to religious discrimination.

Harrison caused Green to be served with citation but not the Department. The trial court dismissed Harrison's claim against Green after finding that Harrison is no longer a resident at the Unit, and because he sought only injunctive relief, his claim is moot. The court further dismissed as to the Department for want of prosecution. Harrison's two issues on appeal assert an abuse of discretion in the dismissal order and error in failing to make findings of fact and conclusions of law.

"A case is moot if at any stage there ceases to be an actual controversy between the parties." National Collegiate Athletic Ass'n v. Jones, 1 S.W.3d 83, 86 (Tex. 1999). Because Green can no longer affect Harrison's right to exercise his religion, injunctive relief against him cannot be effective. Thus, the court correctly decided that the claim is moot.

Almost six years elapsed between the date Harrison filed suit and the date the court dismissed his claim against the Department, after holding a hearing and finding a lack of due diligence. The court did not abuse its discretion in dismissing that claim. Villarreal v. San Antonio Truck Equip., 994 S.W.2d 628, 630 (Tex. 1999) (per curiam).

We overrule Harrison's first issue. We do not reach his second issue because after we abated the case the trial court made findings of fact and reached conclusions of law, which were then presented to us in a supplemental record.

We affirm the trial court's order dismissing Harrison's claims.


Summaries of

Harrison v. TDCJ-Id

Court of Appeals of Texas, Tenth District, Waco
Aug 4, 2004
No. 10-02-00247-CV (Tex. App. Aug. 4, 2004)
Case details for

Harrison v. TDCJ-Id

Case Details

Full title:ALVIN LEE HARRISON, Appellant v. TDCJ-ID AND KENNETH GREEN, Appellee

Court:Court of Appeals of Texas, Tenth District, Waco

Date published: Aug 4, 2004

Citations

No. 10-02-00247-CV (Tex. App. Aug. 4, 2004)