The Ninth Court of Appeals has denied a writ of mandamus brought by an inmate claiming correctional officers set him up to be sexually assaulted.

Robert Norman Smithback filed suit against Cpt. John Bolton and other individuals in Polk County.

Smithback was allegedly sexually assaulted while he was at the Allen B. Polunsky Unit in Livingston. He claims the defendants set up the assault in retaliation for his attempted execution of federal criminal charges against numerous federal and state officials.

On April 21 the trial court dismissed the case against all defendants without holding a hearing or requesting brief submissions, according to Smithback’s appellate brief.

On June 16 justices found that Smithback failed to prove his case.

“After reviewing the mandamus record and petition, we conclude that the relator has not demonstrated that he is entitled to mandamus relief,” states the Ninth Court’s per curiam opinion. “Relator has not shown that the trial court abused its discretion in dismissing his lawsuit and that he has no adequate remedy by appeal.

“Accordingly, relator’s petition for writ of mandamus is denied.”

Bolton is represented by Assistant Attorney General Jennifer Daniel.

Smithback is representing himself.

Appeals case No. 09-16-00184-CV

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