Alexander v. Texas Department of Criminal Justice, No. 18-20278 (5th Cir. 2020)Annotate this Case
The Fifth Circuit affirmed the district court's dismissal of plaintiff's 42 U.S.C. 1983 complaint as frivolous under 28 U.S.C. 1915(e)(2)(B)(i). Plaintiff's allegations stemmed primarily from the aftermath of a prison riot.
The court held that plaintiff failed to carry his burden to show that the district court abused its discretion in determining that he failed to demonstrate an actual injury in support of his access-to-courts claim; plaintiff waived his argument that TDCJ personnel failed to assist him adequately in his disciplinary hearing and failed to demonstrate an abuse of discretion regarding his claim; the district court did not abuse its discretion in dismissing plaintiff's claim that his grievances were mishandled or improperly denied, because prisoners have no due process rights in the inmate grievance process; plaintiff's allegations about the conditions of his lockdown were not so harsh that it posed an atypical or significant hardship; and plaintiff failed to adequately brief a challenge to the district court's determination that his allegations were insufficient to show that any of the defendants knew of his complaints or grievances against them, much less that their actions were motivated by his protected activity. The court rejected plaintiff's claims regarding the condition of his cell and his request for appointment of counsel on appeal. Finally, the court issued a sanctions warning.