Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Somerville v. Dallas County Inc.

Court of Appeals of Texas, Seventh District, Amarillo

August 23, 2019

KEITH LAWRENCE SOMERVILLE, APPELLANT
v.
DALLAS COUNTY INCORPORATED, ET AL., APPELLEES

          On Appeal from the 30th District Court Wichita County, Texas Trial Court No. 186, 438-A, Honorable Jeff McKnight, Presiding

          Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

          MEMORANDUM OPINION

          JAMES T. CAMPBELL JUSTICE

         Appellant Keith Lawrence Somerville, a prison inmate[1] appearing pro se and in forma pauperis, appeals an order dismissing as frivolous his suit against multiple Texas counties and individuals.[2] We will affirm the trial court's order.

         Background

         Somerville was convicted of the felony offense of burglary of a habitation with intent to commit sexual assault and assessed a life sentence.[3] In the underlying lawsuit, Somerville named himself and some twenty-two other inmates as plaintiffs. None of the additional plaintiffs signed the petition or filed a notice of appeal. Somerville sought certification of a class consisting of "those who are presently incarcerated, on probation, parole, community supervis[i]on, civil commitment, and those who are deceased." The petition further alleged the putative class members' "substantial rights were violated through Official Abuse of Office, Abuse of Official Compacity (sic), Official Oppression, by taking blank government documents (i.e., indictments) and forging said instruments (Rubber Stamping) them, then testifying before County District Courts and Municipal Courts to the veracity of said documents to effect the outcome of an Official Proceeding." He alleges that the defendants "did engage in criminal acts against [the class members] by tampering with official government documents by placing frauds before the court in criminal proceedings." Somerville's complaint is summarized in his pleading's allegation that the allegedly fraudulent indictments "were never presented or returned by a grand jury, and as such; only prima facie appeared to be presented to the court by a grand jury. As such does not confer jurisdiction upon the courts. Under Ex Dolo Malo, the court can not (sic) give aid to one whose actions before the court is based on fraud."[4]

         Somerville alleged the conduct of the defendants deprived class members of multiple constitutional rights. Although he does not identify 42 U.S.C. § 1983 by citation, Somerville's intended remedy appears to be the recovery of money damages in tort and equitable relief under that statute. Somerville requested the following specific items of relief:

1. 4.4 Billion in compensatory damages;
2. 2.2 million in punitive damages for each Plaint[i]ff;
3. Criminal complaints filed in accordance with Tex. Penal Code;
4. Disbar[]ment proceedings filed against all Respondent(s);
5. L[ie]ns against property and asse[]ts of all Respondent(s);
6. Public apology to the citizens of Texas;
7. Joinder of any additional Plaintiff(s) and Respondent(s);
8. Joinder of any additional Plaintiff(s);
9.Compensation to the families of Plaintiff(s) who are deceased;
10. Imme[]diate release of Plaintiff(s) from wrongful ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.