Civil Rights and Prison Litigation in Texas

Texas operates the largest state prison system in the United States. Texas's prison civil rights litigation landscape is shaped by a two year Section 1983 statute of limitations (Tex. Civ. Prac. & Rem. Code § 16.003(a)), a critical rule that imprisonment does NOT toll the limitations period (former Article 5535 repealed 1987), and the Texas Department of Criminal Justice (TDCJ) operating more than 100 correctional units including the Polunsky Unit (Livingston, death row). The Fifth Circuit in New Orleans reviews all Texas federal appeals.

The Fifth Circuit confirmed the two year SOL in Price v. City of San Antonio, 431 F.3d 890, 892 (5th Cir. 2005): 'In Texas...the general personal injury statute of limitations is two years. TEX. CIV. PRAC. & REM. CODE ANN. § 16.003.' The Fifth Circuit also confirmed: 'Although Texas law formerly considered imprisonment to be a disability which tolled the running of the statute of limitations, the former Article 5535 was repealed effective September 1, 1987.' Texas has four federal districts: Northern (Dallas), Southern (Houston), Eastern (Beaumont/Tyler), and Western (San Antonio/Austin).

This guide explains the tools, timelines, and traps for civil rights and prison litigation in Texas.

Here is the short version.

The Section 1983 statute of limitations in Texas is TWO years (Tex. Civ. Prac. & Rem. Code § 16.003(a)); the Fifth Circuit borrows Texas's two year personal injury period. CRITICAL TEXAS TRAP: imprisonment does NOT toll the two year period; Texas repealed its prisoner tolling provision in 1987. PLRA exhaustion of the TDCJ two step Offender Grievance Process is required before any federal § 1983 lawsuit. Texas has four federal districts (Northern in Dallas, Southern in Houston, Eastern in Beaumont/Tyler, Western in San Antonio/Austin); the Fifth Circuit in New Orleans reviews all appeals. TDCJ operates more than 100 units including Polunsky Unit (Livingston, death row).

Section 1983: the federal civil rights tool in Texas

42 U.S.C. § 1983 is the primary federal tool for Texas prisoners to bring civil rights claims. Section 1983 provides a right to sue any person acting under color of state law who deprives someone of a constitutional or federal statutory right. Texas federal prisoner civil rights cases are filed in the appropriate Texas federal district based on the location of the unit. The Fifth Circuit Court of Appeals in New Orleans reviews all Texas federal appeals.

Texas TDCJ is the largest state prison system in the United States, housing more than 130,000 people. For Texas prisoners, the most common § 1983 claims involve: Eighth Amendment deliberate indifference to serious medical needs (including heat related illness at Texas units without air conditioning); Eighth Amendment excessive force; Eighth Amendment failure to protect; Eighth Amendment conditions of confinement; and Fourteenth Amendment due process. The state of Texas and TDCJ as a state agency cannot be § 1983 defendants. Individual TDCJ officers must be named in their individual capacities.

Statute of limitations: two years for Section 1983

The statute of limitations for Section 1983 claims in Texas is two years. The Fifth Circuit borrows Texas's two year personal injury period from Tex. Civ. Prac. & Rem. Code § 16.003(a) for § 1983 claims. Tex. Civ. Prac. & Rem. Code § 16.003(a) provides: 'a person must bring suit for...personal injury...not later than two years after the day the cause of action accrues.' The Fifth Circuit confirmed this in Piotrowski v. City of Houston, 237 F.3d 567, 576 (5th Cir. 1992): 'In this case, the applicable Texas statute of limitations is two years.'

The two year period begins to run under federal accrual rules 'when the plaintiff knows or has reason to know of the injury which is the basis of the action' (Price v. City of San Antonio, 431 F.3d 890, 893 (5th Cir. 2005)). Texas tolling for minors: Tex. Civ. Prac. & Rem. Code § 16.001 tolls for persons who are minors or of unsound mind when the cause of action accrues. Tolling for defendant out of state: Tex. Civ. Prac. & Rem. Code § 16.063.

The Texas imprisonment tolling trap: no tolling for prisoners

Texas has a critical and unique trap for TDCJ prisoners: imprisonment does NOT toll the two year § 1983 limitations period. The Fifth Circuit confirmed: 'Although Texas law formerly considered imprisonment to be a disability which tolled the running of the statute of limitations, the former Article 5535 was repealed effective September 1, 1987, and the two year limitations period now begins to run when the cause of action accrues.' Moore v. McDonald, 30 F.3d 616, 620 21 (5th Cir. 1994).

This means Texas TDCJ prisoners receive no automatic tolling benefit from incarceration. The two year window begins running immediately upon accrual, whether or not the prisoner has completed the TDCJ grievance process. Combined with the PLRA exhaustion requirement (which takes months), the time squeeze is severe. File TDCJ grievances immediately after any incident; complete both steps; then file the § 1983 complaint in federal court within two years of accrual.

Texas Tort Claims Act: state tort procedures

The Texas Tort Claims Act (TTCA), Tex. Civ. Prac. & Rem. Code §§ 101.001 et seq., governs state tort claims against Texas and its governmental units including TDCJ. The TTCA waives governmental immunity for certain claims. For state tort claims under the TTCA: written notice must be provided to TDCJ within six months of the incident (Tex. Civ. Prac. & Rem. Code § 101.101(a)); failure to provide timely notice generally bars the claim.

TTCA damage caps: the TTCA caps state tort damages at $250,000 per person and $500,000 per single occurrence for bodily injury claims. Federal § 1983 claims are separate from TTCA state tort claims; § 1983 claims do not require TTCA notice but must be filed within two years. Contact a Texas civil rights attorney to evaluate whether to pursue federal § 1983, state TTCA claims, or both.

TDCJ units: where prisoners are held

The Texas Department of Criminal Justice (TDCJ) operates more than 100 correctional units across Texas. This is by far the largest state prison system in the United States. Major TDCJ units include: Polunsky Unit (Livingston, Polk County, maximum security, houses male death row; Southern District of Texas); Ellis Unit (Huntsville, Walker County, maximum security; Southern District); Estelle Unit (Huntsville, Walker County; Southern District); Eastham Unit (Lovelady, Houston County; Southern District); Clements Unit (Amarillo, Potter County, high security; Northern District); Robertson Unit (Abilene, Jones County; Northern District); Michael Unit (Tennessee Colony, Anderson County; Eastern District); Ferguson Unit (Midway, Madison County; Southern District); Jester Units (Richmond, Fort Bend County; Southern District); Mountain View Unit (Gatesville, Coryell County, female death row; Western District); Lane Murray Unit (Gatesville, Coryell County, women's; Western District); and many others.

All TDCJ § 1983 lawsuits are filed in the federal district where the unit is located. Texas has four federal districts; identifying the correct district is essential.

Texas's four federal districts: where to file

Texas has four federal districts, each covering a large geographic area with multiple courthouse locations:

Northern District of Texas (1100 Commerce Street, Dallas, TX 75242, and other locations in Lubbock, Amarillo, Abilene, Wichita Falls, San Angelo): covers the Panhandle and North Texas TDCJ units including Clements Unit (Potter County), Robertson Unit (Jones County), and other units in the region. Southern District of Texas (515 Rusk Street, Houston, TX 77002, and other locations in Corpus Christi, Brownsville, McAllen, Victoria, Laredo): covers Southeast Texas TDCJ units including Polunsky Unit (Polk County), Estelle Unit (Walker County), Eastham Unit (Houston County), Ferguson Unit (Madison County), and the heavily populated East Texas units. Eastern District of Texas (211 West Ferguson Street, Tyler, TX 75702, and other locations in Beaumont, Sherman, Texarkana, Plano): covers East Texas TDCJ units including Michael Unit (Anderson County). Western District of Texas (655 East Cesar E. Chavez Boulevard, San Antonio, TX 78206, and other locations in Austin, El Paso, Midland/Odessa, Waco, Pecos): covers South and West Texas and Central Texas TDCJ units including Mountain View Unit (Coryell County) and Lane Murray Unit (Coryell County). The Fifth Circuit in New Orleans reviews all four Texas districts.

PLRA exhaustion and the TDCJ grievance process

The Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(a), requires that incarcerated people exhaust all available administrative remedies before filing a civil rights lawsuit in federal court. In Texas, that means completing the full TDCJ two step Offender Grievance Process (Step 1 and Step 2) before filing a § 1983 lawsuit. TDCJ's grievance process requires filing a Step 1 grievance at the unit level within 15 days of the incident, then a Step 2 appeal to the TDCJ Offender Grievance Program if the Step 1 is denied.

Given Texas's two year § 1983 SOL and no imprisonment tolling, the TDCJ grievance process creates a significant time squeeze. Common TDCJ grievance exhaustion traps: failing to file the Step 1 grievance within 15 days of the incident; failing to describe the specific constitutional violation and specific officer; failing to complete both Step 1 and Step 2; and raising claims in the federal lawsuit not raised in the grievance. The Fifth Circuit strictly enforces PLRA exhaustion. File grievances immediately after any incident.

Qualified immunity in Texas prison cases

Individual TDCJ officers sued in their individual capacity under § 1983 can raise qualified immunity as a defense. Qualified immunity protects government officials from personal civil liability unless they violated a 'clearly established' statutory or constitutional right that a reasonable person would have known. Texas follows federal qualified immunity doctrine for § 1983 claims in federal court through the Fifth Circuit.

Texas has not enacted state legislation abolishing qualified immunity for correctional officers. The Fifth Circuit has produced extensive qualified immunity precedent in prisoner civil rights cases. Document all incidents with specific names, dates, descriptions, witnesses, and medical records. The TDCJ grievance record becomes critical evidence in the § 1983 case. Contact Texas Civil Rights Project for civil rights assistance.

State habeas corpus in Texas

State post conviction relief in Texas is governed by Tex. Code Crim. Proc. Art. 11.07 (felony convictions) and Art. 11.071 (death penalty cases). Article 11.07 writs are filed in the court of conviction and reviewed by the Texas Court of Criminal Appeals (CCA) in Austin. Article 11.071 writs (death penalty) follow a more elaborate process with appointed habeas counsel.

Federal habeas corpus under 28 U.S.C. § 2254 requires that Texas state court remedies be exhausted first. A prisoner must present each constitutional claim to the Texas courts including the Texas CCA before filing in federal district court. AEDPA time limits are strict; the general one year window runs from the date the conviction becomes final. Contact the Texas Defender Service, the Texas Innocence Project, or the Federal Public Defenders for the relevant district for post conviction assistance.

Filing fees and proceeding in forma pauperis in Texas

Filing fees in Texas federal district courts are $405 as of 2025 (a $350 filing fee plus a $55 administrative fee). Under the PLRA, prisoners who cannot afford the filing fee may apply to proceed in forma pauperis (IFP) by submitting a financial affidavit and a certified copy of their prison trust account statement for the prior six months. If IFP is granted, the court assesses an initial partial filing fee and collects the remainder in monthly installments from the trust account.

The PLRA's three strikes rule (28 U.S.C. § 1915(g)) bars IFP after three dismissed cases unless the prisoner shows imminent danger of serious physical injury. Given TDCJ's size, many Texas prisoners have accumulated prior dismissed suits. Track your prior dismissed cases carefully. Given Texas's two year § 1983 SOL and no imprisonment tolling, do not delay filing the IFP application.

ADA and disability claims in Texas prisons

People with disabilities in Texas state prisons have federal law protections under Title II of the ADA and Section 504 of the Rehabilitation Act. TDCJ must provide reasonable accommodations for people with mobility, vision, hearing, cognitive, and mental health disabilities. ADA claims against TDCJ may be brought in federal court because Congress abrogated state sovereign immunity for Title II claims involving constitutional violations, per United States v. Georgia, 546 U.S. 151 (2006).

ADA claims must generally be exhausted through the TDCJ Offender Grievance Process under the PLRA before federal court filing. Disability Rights Texas (DRTx) is the federally designated protection and advocacy organization for Texas and handles ADA and disability related civil rights claims. Contact DRTx at 2222 West Braker Lane, Austin, Texas 78758 for assistance with ADA and disability related TDCJ claims.

Pro se resources and legal aid in Texas

Texas prisoners proceeding without counsel (pro se) have access to several resources. The ACLU of Texas handles prisoner civil rights cases. Texas Civil Rights Project (TCRP) handles civil rights cases including TDCJ conditions. Disability Rights Texas handles ADA and disability claims. Texas RioGrande Legal Aid and Lone Star Legal Aid provide civil legal aid to qualifying individuals. The Texas Innocence Project and Innocence Project of Texas handle wrongful conviction cases.

Texas's four federal district main courthouses: Northern District (1100 Commerce Street, Dallas, TX 75242); Southern District (515 Rusk Street, Houston, TX 77002); Eastern District (211 West Ferguson Street, Tyler, TX 75702); Western District (655 East Cesar E. Chavez Boulevard, San Antonio, TX 78206). The Fifth Circuit in New Orleans reviews all Texas federal appeals. Contact the ACLU of Texas at P.O. Box 12905, Austin, Texas 78711. InmateAid can help families connect with advocacy organizations and attorneys handling Texas prisoner civil rights cases.

The bottom line for Texas

Texas's prison civil rights litigation landscape is defined by: the two year § 1983 SOL (Tex. Civ. Prac. & Rem. Code § 16.003(a), per Fifth Circuit); the critical trap that imprisonment does NOT toll the two year period (Article 5535 repealed 1987); the TDCJ two step Offender Grievance Process required for PLRA exhaustion; the largest state prison system in the United States with 100+ units; four federal districts (Northern in Dallas, Southern in Houston, Eastern in Tyler, Western in San Antonio); Polunsky Unit (Livingston, male death row, Southern District); and Fifth Circuit review in New Orleans.

The key practical rules for Texas: file § 1983 claims within TWO years; imprisonment does not toll the clock so file immediately; file TDCJ Step 1 grievance within 15 days of any incident and complete Step 2 without delay; identify the correct federal district for the specific TDCJ unit; contact Texas Civil Rights Project or ACLU of Texas for assistance; and stay in contact through InmateAid.