Gordon V. Scott - In the Court of Appeals Ninth District of Texas at Beaumont

Gordon V. Scott

By In the Court of Appeals Ninth District of Texas at Beaumont

  • Release Date: 1999-12-16
  • Genre: Law

Description

This is an appeal from an order dismissing Robert Gordon's pro se lawsuit against Timothy West and Robert Vela. *fn1 Gordon is an inmate in the Texas Department of Criminal Justice - Institutional Division. West was the senior warden at the prison unit where Gordon was confined and Vela was a guard at that unit. The facts as set out in the various grievance forms submitted by Gordon as well as in his petition to the trial court indicate that, during a routine search of Gordon's cell, Vela knocked a typewriter owned by Gordon to the floor causing it to be damaged. Gordon requested that the prison authorities repair, replace, or reimburse him for the damaged typewriter. Warden West's response was as follows: "Under A.D. 03.78, the state is not liable for the repair or replacement of the typewriter due to it being knocked off unintentionally during the course of a reasonable cell search. GRIEVANCE DENIED."

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