Paul E. Nunu v. Nancy Nunu Risk, et al.

Petitioner herein invokes the First Amendment Petition clause, the unfettered Court access right. In 1997 the Texas Legislature enacted the Texas Vexatious Litigant Statutes, Texas Civil Practice & Remedies Code Chapter 11, §§11.001 through § 11.104, through which they intended to restrict unfettered access to Texas Courts. The statutes, as applied, provide that a Court may declare a citizen a “Vexatious Litigant” for filing one (1) offending instrument, as the Harris County Texas Probate Court (1) so applied to Petitioner, which the 14th Texas Appellate Court affirmed, and over which the Texas Supreme Court denied review. Once declared a “Vexatious Litigant,” the statutes prohibit all pro se access to Texas Courts, without first obtaining pre-filing approval and posting mandatory security. An offended Court after such declaration may punish through contempt a pro se petitioner, who fails to obtain pre-filing Court approval and may also impose a security bond posting.

1. Whether the Texas Vexatious Litigant Statutes, as applied,, abridged Petitioner’s First Amendment unfettered core right to petition and to access Texas Courts;

2. Whether the Texas Vexatious Litigant Statutes constitute as a Court might misapply an unlawful fettering prior restraint on core First Amendment Right similar to those this Court declared facially invalid under Citizens United v. FEC;