BEAUMONT – On April 6 the Ninth Court of Appeals granted the Beaumont Police Department’s motion to dismiss an inmate’s appeal for lack of jurisdiction.
In May 2014, Anthony Ray Banks, an inmate serving a sentence in the Texas Prison system, had his request for police records denied by the BPD. His mother kept pushing until the report sought was released.
Nearly two years later, Banks filed suit against the department, prompting BPD to move for dismissal for lack of jurisdiction, arguing that it is not a legal entity and lacks the capacity to be sued.
On Aug. 10, Judge Donald Floyd, 172nd District Court, granted the motion, prompting Banks to appeal.
In BPD’s motion to dismiss the appeal, the department argued Banks filed his notice appeal after the deadline, court records show.
“Appellant failed to timely file his Notice of Appeal or request an extension of time within the time frame allotted pursuant to the statue,” BPD’s motion states. “The Appellant's appeal is not timely and should not be allowed to proceed.”
Justices found no evidence to support Bank’s claim that he handed over his notice of appeal before the deadline.
Banks represents himself.
BPD is represented by Beaumont Senior Assistant City Attorney Sharae Reed.
Trial case No. E198-296
Appeals case No. 09-16-00358-CV
List for page 1 and article order.