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No. 87-1882
109 S. Ct. 1827 (1989) | Cited 36787 times
... JUSTICE MARSHALL delivered the opinion of the Court. The question presented is whether a complaint filed in forma pauperis which fails to state a claim under Federal Rule of Civil Procedure 12(b)(6) is automatically frivolous within the meaning of 28 U. S. C. § 1915(d). The answer, we hold, is no. ...
Nos. 04-104 and 04-105
125 S.Ct. 738 (2005) | Cited 23337 times
... 543 U. S. ____ (2005) The question presented in each of these cases is whether an application of the Federal Sentencing Guidelines violated the Sixth Amendment. In each case, the courts below held that binding rules set forth in the Guidelines limited the severity of the sentence that the judge ...
No. 97-16987
203 F.3d 1122 (2000) | Cited 14689 times
... FOR PUBLICATION OPINION Argued and Submitted October 21, 1999--San Francisco, California Concurrence by Judge Rymer; Dissent by Judge Sneed OPINION The Prison Litigation Reform Act of 1995 ("PLRA") provides that a district court "shall dismiss" an in forma pauperis complaint "if the court ...
No. 90-6326
935 F.2d 1106 (1991) | Cited 12570 times
... LOGAN, Circuit Judge Pro se plaintiff Kenneth E. Hall, Jr. appeals the district court's dismissal of his claim that the policies and procedures of the Lexington Assessment and Reception Center (LARC), as well as the actions of LARC employees, violated his First Amendment right to free exercise of ...
No. 93-6188
512 U.S. 477 (1994) | Cited 12198 times
... JUSTICE SCALIA delivered the opinion of the Court. This case presents the question whether a state prisoner may challenge the constitutionality of his conviction in a suit for damages under 42 U.S.C. § 1983. I Petitioner Roy Heck was convicted in Indiana state court of voluntary manslaughter for ...
No. 99-3980
293 F.3d 103 (2002) | Cited 5342 times
... As amended June 14, 2002. PRECEDENTIAL Argued: April 6, 2001 OPINION OF THE COURT Norman Grayson, an inmate at various times of the three institutions named as defendants, brought this pro se damages action under 42 U.S.C. S 1983, alleging the defendants were deliberately indifferent to his ...
No. 90-55116
935 F.2d 1015 (1991) | Cited 5223 times
... CHOY, Circuit Judge Sammy Terrell, a federal prisoner proceeding pro se and in forma pauperis, appeals from a November 30, 1989 summary judgment order dismissing his action with prejudice. Terrell alleges that the district court erred by (1) denying Terrell's request for appointment of counsel; ...
No. 85-6235
809 F.2d 1446 (1987) | Cited 4401 times
... Before: Harry Pregerson, Dorothy W. Nelson and David R. Thompson, Circuit Judges. PREGERSON, Circuit Judge: William Noll, a federal prisoner, brought a Bivens -type 1 civil rights action pro se and in forma pauperis against four officials of the United States Bureau of Prisons. After Noll twice ...
No. 79-6000
101 S. Ct. 173 (1980) | Cited 3804 times
... Petitioner, an inmate of the Illinois State Penitentiary, asks us to review an order dismissing his civil rights action against the respondent corrections officers and directing him to pay counsel fees of $400 for services rendered by the Attorney General of Illinois in representing the respondents ...
No. 86-4335
856 F.2d 1439 (1988) | Cited 3359 times
... Carey appeals the district court's dismissal without prejudice of his action brought pursuant to 42 U.S.C. § 1983 for failure to prosecute. He contends that the district court abused its discretion by dismissing his complaint sixty days after mail, addressed to him from the district court, was ...
No. 83-1035
105 S. Ct. 1694 (1985) | Cited 3125 times
... JUSTICE WHITE delivered the opinion of the Court. This case requires us to determine the constitutionality of the use of deadly force to prevent the escape of an apparently unarmed suspected felon. We conclude that such force may not be used unless it is necessary to prevent the escape and the ...
No. 06-4260
577 F.3d 816 (2009) | Cited 3047 times
... ARGUED SEPTEMBER 19, 2008 Before POSNER, RIPPLE and EVANS, Circuit Judges. Angel Rodriguez, proceeding in forma pauperis, filed this action under 42 U.S.C. § 1983 against Plymouth Ambulance Service, St. Agnes Hospital, Waupun Memorial Hospital and various Plymouth employees. Mr. Rodriguez claims ...
No. 81-5284
708 F.2d 452 (1983) | Cited 2987 times
... Order DENYING PETITION FOR REHEARING Because the lateness of the Petition for Rehearing was the result of representations by court personnel, we grant the motion to enlarge the time for filing of the petition. Our previous order denying the petition is withdrawn. Britt brought a civil rights ...
No. 88-8049
863 F.2d 835 (1989) | Cited 2976 times
... EDMONDSON, Circuit Judge: In this appeal we consider whether the damage suit of a pro se plaintiff proceeding in forma pauperis can be dismissed for failure to pay costs assessed as a penalty for unreasonable refusal to obey a discovery order. We believe such dismissals are permitted. Under the ...
No. 04-563
125 S.Ct. 2562 (2005) | Cited 2804 times
... 545 U. S. ____ (2005) This case involves two federal prescriptions: the one-year limitation period imposed on federal habeas corpus petitioners by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U. S. C. §2244(d)(1); and the rule that pleading amendments relate back to the ...
No. 81-6584
687 F.2d 44 (1982) | Cited 2702 times
... Before WIDENER, ERVIN and CHAPMAN, Circuit Judges. ERVIN, Circuit Judge: This appeal raises the issues whether a prisoner's § 1983 action was properly referred to a magistrate under 28 U.S.C. § 636(b) (1) (B) without the prisoner's consent, and whether the district court made a proper review of ...
No. 98-15277
152 F.3d 1193 (1998) | Cited 2587 times
... FOR PUBLICATION Appeal from the United States District Court for the District of Nevada Howard D. McKibben, District Judge, Presiding Submitted August 17, 1998 D.C. No. CV-96-00546-HDM ORDER ORDER Barren appeals the district court's order sua sponte dismissing the third amended complaint of ...
No. 85-2058
780 F.2d 1334 (1985) | Cited 2454 times
... Before ROSS, McMILLIAN and FAGG, Circuit Judges. McMILLIAN, Circuit Judge. Allen F. Martin appeals pro se from a district court 1 order dismissing his complaint for failure to state a claim. Appellant brought his claims under 42 U.S.C. § 1983 seeking declaratory, injunctive and monetary relief ...
No. 10-16778
668 F.3d 1108 (2012) | Cited 2440 times
... FOR PUBLICATION OPINION Argued and Submitted November 18, 2011-San Francisco, California Before: Jerome Farris, John T. Noonan, and Carlos T. Bea, Circuit Judges. Opinion by Judge Farris; Partial Concurrence and Partial Dissent by Judge Noonan OPINION Petitioner Raymond Watison, who is ...
No. 03-2683
363 F.3d 229 (2004) | Cited 2237 times
... PRECEDENTIAL Argued January 15, 2004 OPINION OF THE COURT At the end of Gary Marshall Alston's 17-year sentence in a New Jersey prison, he was involuntarily committed to Greystone Park Psychiatric Hospital. While there, Alston sued various Greystone employees in a pro se § 1983 complaint, ...
No. 91-5986, Non-Argument Calendar.
984 F.2d 392 (1993) | Cited 2052 times
... PER CURIAM Appellant Joseph Carroll filed this complaint under 42 U.S.C. § 1983, alleging that various members of the Florida State Bar violated his due process rights. Adopting the magistrate judge's recommendation, the district court dismissed Carroll's complaint under 28 U.S.C. § 1915(d). We ...
No. 84-6470
106 S. Ct. 668 (1986) | Cited 1935 times
... JUSTICE REHNQUIST delivered the opinion of the Court. Petitioner sued prison officials seeking damages under 42 U. S. C. § 1983 for injuries he suffered when they negligently failed to protect him from another inmate. On December 19, 1980, petitioner was threatened by one McMillian, a fellow ...
No. 97-2868.
144 F.3d 719 (1998) | Cited 1908 times
... Appeal from the United States District Court for the Middle District of Florida. (No. 97-735-CV-J-20C), Harvey E. Schlesinger, Judge. In this appeal, we uphold as constitutional the "three strikes" in forma pauperis provision of 28 U.S.C.A. § 1915(g) (West Supp.1998), section 804(d) of the Prison ...
No. 90-4071
927 F.2d 1165 (1991) | Cited 1714 times
... EBEL, Circuit Judge This is an appeal 1 from a district court order adopting the magistrate's report and recommendation to grant summary judgment for defendants, Salt Lake City Corporation and Officer James E. Faraone of the city police department. 2 Plaintiff brought this action pro se under 42 ...
No. 83-2623
766 F.2d 179 (1985) | Cited 1700 times
... POLITZ, Circuit Judge: This civil rights complaint by a prisoner inexorably directs our consideration of questions of court administration and the scope of one of the provisions of the Magistrates Act, 28 U.S.C. § 636(b)(1). Norman R. Spears invoked 42 U.S.C. § 1983 and filed a pro se complaint ...
No. 00-17369
307 F.3d 1119 (2002) | Cited 1668 times
... FOR PUBLICATION Argued and Submitted April 11, 2002--San Francisco, California OPINION This appeal involves a claim that a county coroner falsified an autopsy report, leading to the false arrest and prosecution of plaintiff Nelson Galbraith ("Galbraith") for murder in violation of his ...
No. 07-1426
544 F.3d 739 (2008) | Cited 1623 times
... ARGUED APRIL 9, 2008 Before POSNER, RIPPLE, and MANION, Circuit Judges. The question presented by this interlocutory appeal under 28 U.S.C. § 1292(b) is whether a prisoner plaintiff in a suit for damages governed by the Prison Litigation Reform Act is entitled by the Seventh Amendment to a jury ...
No. 02-9065
540 U.S. 749 (2004) | Cited 1616 times
... I. Federal law opens two main avenues to relief on complaints related to imprisonment: a petition for habeas corpus, 28 U. S. C. §2254, and a complaint under the Civil Rights Act of 1871, Rev. Stat. §1979, as amended, 42 U. S. C. §1983. Challenges to the validity of any confinement or to ...
No. 94-60790
75 F.3d 190 (1996) | Cited 1593 times
... STEWART, Circuit Judge: This is a civil rights action filed under 42 U.S.C. § 1983 and based on allegations that the defendants deprived plaintiffs of certain constitutional rights in the shooting death of Wendell C. Baker, Jr. Plaintiffs appeal the district court's final judgment granting the ...
No. 87-4022
898 F.2d 1196 (1990) | Cited 1590 times
... BOYCE F. MARTIN, JR., Circuit Judge. Richard G. Lawler appeals the district court's dismissal of his 42 U.S.C. § 1983 civil rights action as frivolous under 28 U.S.C. § 1915(d). Lawler is a prisoner at the Southern Ohio Correctional Facility. He alleges that defendants Marshall and Dunn, both of ...
No. 75-2177
537 F.2d 857 (1976) | Cited 1578 times
... CELEBREZZE, Circuit Judge. This is an appeal from the dismissal of an action brought under 42 U.S.C. section 1983 (1970), by a former inmate at the Wayne County Jail who claims that his constitutional rights were violated when prison authorities denied him medical treatment for a bleeding ulcer. ...
No. 98-3101.
251 F.3d 1346 (2001) | Cited 1493 times
... As amended June 5, 2001. Jamaal Ali Bilal, a pro se prisoner, filed suit, under 42 U.S.C. § 1983, against prison officials. The district court, after providing Plaintiff with detailed instructions, invited Plaintiff to file amended complaints. The district court later denied leave to file a third ...
No. 00-13064
314 F.3d 528 (2002) | Cited 1372 times
... [PUBLISH] In this case of first impression, we decide whether 42 U.S.C. § 1997e(e), a provision of the Prison Litigation Reform Act of 1995, Pub. L. No. 104-134, 110 Stat. 1321 (1996) ("PLRA"), applies to claims that arise out of the arrest of an imprisoned plaintiff and claims unrelated to the ...
No. 04-10299
404 F.3d 371 (2005) | Cited 1359 times
... PUBLISHED Plaintiff-Appellant Michael Geiger, proceeding pro se and in forma pauperis ("IFP"), appeals the dismissal of his 42 U.S.C. § 1983 suit as frivolous and barred by the physical injury requirement of the Prison Litigation Reform Act ("PLRA"), 42 U.S.C. § 1997e(e). We affirm. I. FACTS AND ...
No. 01-14726
284 F.3d 1234 (2002) | Cited 1357 times
... [PUBLISH] Non-Argument Calendar William A. Dupree, a state prisoner, appeals the district court's order dismissing his pro se 42 U.S.C. § 1983 civil rights complaint. The district court dismissed Dupree's complaint without prejudice under the three strikes provision of 28 U.S.C. § 1915(g) without ...
No. 92-1068
973 F.2d 1518 (1992) | Cited 1357 times
... BALDOCK, Circuit Judge Plaintiff Craig Bryant Northington appeals from the dismissal of his 42 U.S.C. 1983 and 1985 civil rights actions against various Denver sheriff's deputies, corrections officers and the Denver Sheriff's Department. All of the allegations regard misdeeds which occurred when ...
No. 84-2172
788 F.2d 1116 (1986) | Cited 1249 times
... Before: Irving L. Goldberg, Thomas M. Reavley and Will Garwood, Circuit Judges. THOMAS M. REAVLEY, Circuit Judge: This appeal comes from judgment in one of the thousands of prisoner civil rights cases on the district court dockets of this circuit. Most of these cases are lying dormant because of ...
No. 96-41003
112 F.3d 818 (1997) | Cited 1247 times
... JERRY E. SMITH, Circuit Judge: Texas state prisoner # 517349, Arthur Carson, proceeding pro se and in forma pauperis ("IFP"), appeals the construction of his habeas corpus petition as a 42 U.S.C. § 1983 suit, its dismissal, sanctions imposed upon him, and an order barring him from filing further ...
Docket No. 97-9381
171 F.3d 794 (1999) | Cited 1224 times
... August Term 1998 Argued: March 17, 1999 Appeal from a judgment of the United States District Court for the Southern District of New York (Thomas P. Griesa, Chief Judge) dismissing a pro se, in forma pauperis complaint. Vacated and Remanded. Plaintiff-appellant Louis Gomez appeals from a ...
No. 04-2257
465 F.3d 1210 (2006) | Cited 1200 times
... PUBLISH Before HENRY, McKAY and EBEL, Circuit Judges. Plaintiff-Appellant Jesse Trujillo, a pro se prisoner proceeding in forma pauperis, filed this 42 U.S.C. § 1983 claim against various New Mexico and Virginia corrections officials 2 alleging that they violated his constitutional rights by: 1) ...
No. 02-11508
350 F.3d 1157 (2003) | Cited 1199 times
... [PUBLISH] Ned Hughes appeals the district court's dismissal, pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and (ii), of his pro se and in forma pauperis civil rights action under 42 U.S.C. § 1983 against several C ity of Mobile police officers. In his complaint, Hughes alleges that the police officers ...
No. 89-1817
897 F.2d 356 (1990) | Cited 1172 times
... Timothy Thompson, an Iowa prisoner, appeals from a final order of the District Court dismissing his 42 U.S.C. § 1983 suit following an evidentiary hearing before a magistrate. Thompson alleged in his complaint that Iowa prison officials violated his eighth and fourteenth amendment rights by ...
No. 74-2021
550 F.2d 926 (1977) | Cited 1166 times
... WIDENER, Circuit Judge: Russell Vinnedge brought this civil rights action for damages under 42 USCA § 1983 1 alleging that defendants, under color of state law, denied him medical treatment after his arrest and while he was incarcerated in the Fairfax County Jail. He also alleged that defendants ...
No. 97-41441
157 F.3d 1030 (1998) | Cited 1120 times
... Appeal from the United States District Court for the Southern District of Texas Paul Larson, a state prisoner, appeals the dismissal, for want of prosecution after failing to comply with a court order, of his pro se complaint. Finding no reversible error, we affirm. I. In a suit filed in October ...
No. 84-2631
841 F.2d 1512 (1988) | Cited 1040 times
... HOLLOWAY, Chief Judge. Plaintiff Meade filed a pro se complaint on July 3, 1984 alleging physical violence and denial of medical care by three Oklahoma County sheriffs, and emotional distress. The complaint also named several Oklahoma state and county officials as defendants. Meade amended his ...
No. 96-11096 Summary Calendar
112 F.3d 191 (1997) | Cited 1037 times
... ROBERT M. PARKER, Circuit Judge: Lee Andrew Siglar, II, Texas prisoner # 96054477 ("Siglar"), filed a civil rights action pursuant to 42 U.S.C. § 1983 against Warden Elvis C. Hightower ("Hightower") and Corrections Officers Ejike S. Nwose ("Nwose"), James L. Alexander ("Alexander") and Melissa ...
No. 09-10349
654 F.3d 1171 (2011) | Cited 1031 times
... [PUBLISH] JOHN LEY CLERK (September 2, 2011) Before HULL and FAY, Circuit Judges, and VINSON, 1 District Judge. Randall Bingham, a Georgia state prisoner proceeding pro se, appeals the district court's sua sponte dismissal, under 42 U.S.C. § 1997e(a) and 28 U.S.C. § 1915A, of his 42 U.S.C. § ...
No. 98-3005
165 F.3d 803 (1999) | Cited 1021 times
... PUBLISH Plaintiff, a pro se prisoner who is HIV positive, 1 appeals the district court's dismissal of his civil rights action 2 seeking redress for (1) being required to wear a face mask whenever he leaves his cell; (2) being denied all outdoor exercise for more than nine months; and (3) being ...
Docket No. 02-0117
357 F.3d 197 (2004) | Cited 1020 times
... Submitted: November 24, 2003 In January 2002, pro se plaintiff-appellant Guy McEachin ("McEachin" or "plaintiff"), then an inmate at the Southport Correctional Facility in Pine City, New York ("Southport"), filed suit against various Southport officials in the United States District Court for the ...
No. 92-4533.
989 F.2d 191 (1993) | Cited 1020 times
... REYNALDO G. GARZA, Circuit Judge: The appellant, Raymundo R. Mendoza ("Mendoza"), is a Texas state prisoner. Proceeding pro se and in forma pauperis, Mendoza filed an action under 42 U.S.C. § 1983, arguing that his civil rights were violated. The basis of his contentions, which were rooted in his ...
Nos. 92-17040, 93-15019
45 F.3d 1310 (1995) | Cited 994 times
... POOLE, Circuit Judge: In this 42 U.S.C. § 1983 action, the district court entered a permanent injunction in favor of inmates at five Kern County jails. The inmates, who are pretrial detainees and convicted prisoners, appeal the district court's refusal to enjoin prison officials from placing ...
No. 00-56216
254 F.3d 845 (2001) | Cited 993 times
... FOR PUBLICATION Submitted June 11, 2001 1 forma pauperis OPINION Jesse Jerome Calhoun, a civil confinee at the Atascadero State Hospital, appeals pro se the order of the district court denying leave to file his complaint without prepayment of the filing fee. We have jurisdiction pursuant to 28 ...
No. 86-6328
828 F.2d 556 (1987) | Cited 969 times
... REINHARDT, Circuit Judge Sterling Usher brought suit against the City of Los Angeles and five police officers for violation of his civil rights under 42 U.S.C. § 1983 (1982), and for conspiracy to violate his civil rights under 42 U.S.C. § 1985(2) and (3)(1982). Usher's suit arises from the events ...
No. 88-3365
885 F.2d 1099 (1989) | Cited 947 times
... Opinion OF THE COURT STAPLETON, Circuit Judge: This appeal raises interesting questions about the liability of prison officials under 42 U.S.C. § 1983 and the Constitution when a prisoner is held in jail beyond the term of his sentence. On September 21, 1979, Joseph Sample was serving a life ...
No. 97-1011
157 F.3d 1226 (1998) | Cited 946 times
... PUBLISH Richard C. White, and six of his fellow state inmates, filed a pro se petition for human rights relief in federal district court naming the State of Colorado, the City and County of Denver, Arapahoe County, and numerous individuals as defendants. After granting a series of motions to ...
No. 88-2194
880 F.2d 1188 (1989) | Cited 934 times
... After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The cause is therefore ordered submitted without oral argument. Plaintiff appeals ...
No. 84-1580
793 F.2d 1072 (1986) | Cited 884 times
... Before: BROWNING, ANDERSON, SKOPIL, SCHROEDER, FARRIS, ALARCON, POOLE, NELSON, BEEZER, HALL, and WIGGINS, Circuit Judges. SKOPIL, Circuit Judge: Kenneth O. Ashelman appeals the dismissal of his civil rights action against a state judge and county prosecutor. The question presented is whether a ...
No. 09-1155
568 F.3d 666 (2009) | Cited 883 times
... [PUBLISHED] Submitted: June 8, 2009 Before MURPHY, ARNOLD, and GRUENDER, Circuit Judges. In 1999 Jermaine Harris was convicted by a jury on charges of distribution and possession of cocaine base in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(c) & 844, and was sentenced to 292 months. After the ...
No. 75-2084
551 F.2d 44 (1977) | Cited 857 times
... WINTER, Circuit Judge: In pro se pleadings, petitioner, incarcerated under state law, attacked the validity of the denial of his application for parole. Inter alia, he sought psychiatric and psychological treatment to render him eligible for parole. The district court treated the action as one ...
Nos. 89-55541, 89-55801
946 F.2d 630 (1991) | Cited 843 times
... BOOCHEVER, Circuit Judge Six officers of the Los Angeles Police Department (LAPD), Chief of Police Daryl Gates, and the City of Los Angeles appeal from the district court's denial of their motion for a new trial after jury verdicts against them in a civil rights trial based on a search of the home ...
No. 08-40685
587 F.3d 764 (2009) | Cited 772 times
... Published opinion Before CLEMENT, PRADO, and ELROD, Circuit Judges. James Earl Brewster ("Brewster"), a Texas inmate proceeding pro se and in forma pauperis, appeals the district court's dismissal of his § 1983 action. For the reasons stated below, we affirm. FACTS AND PROCEEDINGS In his ...
No. 96-40240
104 F.3d 765 (1997) | Cited 730 times
... REYNALDO G. GARZA, Circuit Judge: Nesbitt Edwin Madison, an inmate currently confined in the Texas Department of Criminal Justice, Institutional Division, filed a civil rights suit under 42 U.S.C. § 1983 alleging violations of his constitutional rights during his confinement in the state ...
No. 89-2436
910 F.2d 518 (1990) | Cited 708 times
... McMILLIAN, Circuit Judge. The State of Iowa appeals from an order and judgment entered by the United States District Court for the Southern District of Iowa in favor of Michael Taylor, an inmate at the Iowa State Penitentiary. Taylor filed this action under 42 U.S.C. § 1983 (1982) alleging various ...
No. 95-50252
65 F.3d 29 (1995) | Cited 705 times
... Per Curiam: Samuel Orellana, a Texas state prisoner proceeding pro se and in forma pauperis (IFP), filed a civil right suit pursuant to 42 U.S.C. § 1983 against Jack Kyle in his official capacity as Chairman of the Texas Board of Pardons and Paroles. Orellana alleged that parole review procedures ...
No. 89-55638
931 F.2d 573 (1991) | Cited 689 times
... Opinion*fn* REINHARDT, Circuit Judge Badea, a former inmate of the Federal Prison Camp at Lompoc, California, brought a civil rights action against the warden and two prison officials for their denial of his repeated requests for placement in a community treatment center. 1 His complaint sought ...
No. 87-2367
869 F.2d 543 (1988) | Cited 681 times
... Plaintiff, an inmate in the custody of the Colorado Department of Corrections, commenced this action pursuant to 42 U.S.C. § 1983 against employees of the Department of Corrections. Plaintiff alleged defendants, through a series of incidents occurring during plaintiff's confinement in three ...
No. 89-2310
912 F.2d 605 (1990) | Cited 677 times
... Per Curiam. Harold Nance, pro se, appeals a June 19, 1989, judgment of the United States District Court for the Western District of New York, John T. Curtin, Judge, dismissing his complaint sua sponte under 28 U.S.C. § 1915(d) (1988). Nance's complaint seeks relief pursuant to 42 U.S.C. § 1983 ...
No. 83-5861
749 F.2d 5 (1984) | Cited 670 times
... Before: ALDISERT, Chief Judge, HUNTER and WEIS, Circuit Judges. Opinion OF THE COURT Per Curiam. The major issue in this appeal brought by a prisoner in a civil rights action against a warden is whether, pursuant to 28 U.S.C. § 636(b)(1), the district court should have engaged in a de novo ...
No. 83-7629, Non-Argument Calendar
746 F.2d 782 (1984) | Cited 646 times
... Benjamin Franklin Phillips, an Alabama state prisoner, brings this 42 U.S.C. § 1983 (1982) action in forma pauperis against a state court judge and the attorneys who represented him in a state court criminal proceeding before another judge. The district court, acting upon a magistrate's ...
No. 90-6282
925 F.2d 363 (1991) | Cited 627 times
... BALDOCK, Circuit Judge Plaintiff-appellant Robert Dale McKinney appeals pro se from the dismissal of his 42 U.S.C. § 1983 civil rights complaint pursuant to 28 U.S.C. § 1915 (d). He also seeks leave to proceed on appeal in forma pauperis, the district court having denied his petition to appeal in ...
(D.C. No. 92-C-263-BU)
57 F.3d 978 (1995) | Cited 621 times
... FILED 6/14/95 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA Submitted on the briefs: 1 Gregory Lee Rucks, Hominy, Oklahoma, Pro Se Plaintiff-Appellant. David L. Pauling, City Attorney, and Paul F. Prather, Assistant City Attorney, Tulsa, Oklahoma, for ...
No. 07-3711
536 F.3d 198 (2008) | Cited 616 times
... PRECEDENTIAL Submitted Pursuant to Third Circuit LAR 34.1(a) May 20, 2008. Before: SCIRICA, Chief Judge, HARDIMAN and STAPLETON, Circuit Judges. OPINION OF THE COURT Fifteen current and former inmates 1 at the State Correctional Institute (SCI) at Graterford, Pennsylvania filed a pro se ...
No. 06-7784
566 F.3d 391 (2009) | Cited 609 times
... PUBLISHED Argued: September 23, 2008 Before MICHAEL, GREGORY, and SHEDD, Circuit Judges. Affirmed by published opinion. Judge Michael wrote the opinion, in which Judge Gregory joined. Judge Shedd wrote a separate opinion concurring in part and dissenting in part. OPINION The Prison Litigation ...
No. 81-2429, No. 85 -- August Term, 1982
700 F.2d 37 (1983) | Cited 597 times
... CARDAMONE, Circuit Judge: While the issue before us -- did a 12-hour "keeplock" in a maximum security state prison violate plaintiff-inmates' civil rights -- is simply stated, its resolution is more complex and requires detailed analysis. Plaintiffs Fred M. Anderson and Wayne Nelson instituted ...
Docket No. 99-0129
202 F.3d 593 (2000) | Cited 593 times
... No. 904 -- August Term, 1999 Argued: November 3, 1999 The Appellant, pro se and incarcerated, appeals a judgment of the United States District Court for the District of Connecticut (Dorsey, J.) dismissing sua sponte his 42 U.S.C. § 1983 claim. Vacated and remanded. Plaintiff-appellant Benjamin ...
No. 88-7141
886 F.2d 721 (1989) | Cited 567 times
... WILKINSON, Circuit Judge: In this case we must determine if the district court abused its discretion in dismissing without prejudice plaintiff's pro se complaint as frivolous within the meaning of 28 U.S.C. § 1915(d). We find that such dismissal was proper and affirm. I. Plaintiff Judson Warren ...
No. 93-7430, Summary Calendar
31 F.3d 279 (1994) | Cited 565 times
... Per Curiam: Mississippi State Penitentiary inmate John L. Boyd appeals the district court's dismissal with prejudice of his pro se and in forma pauperis § 1983 complaint. We affirm as to two defendants based on the doctrine of absolute immunity, and as to the remaining defendants based on the ...
No. 99-8003
264 F.3d 965 (2001) | Cited 557 times
... PUBLISH Robert DeSpain, an inmate of the Wyoming State Penitentiary, appeals from a grant of summary judgment in favor of prison officials in an action he brought pursuant to 42 U.S.C. § 1983 alleging the violation of his Eighth Amendment right to be free from cruel and unusual punishment. Mr. ...
No. 00-1053
247 F.3d 736 (2001) | Cited 553 times
... Appeal from the United States District Court for the Eastern District of Arkansas. Submitted: January 8, 2001 In January, 1996, while James Miller was incarcerated in the Arkansas Department of Correction (ADC), he was stabbed by another inmate. He thereafter completed his state prison term and ...
No. 94-15567
49 F.3d 583 (1995) | Cited 539 times
... Per Curiam: Raymond Trimble, a California state prisoner, appeals pro se the district court's 28 U.S.C. § 1915(d) dismissal, without prejudice, of defendants City of Santa Rosa, Sonoma County, Sonoma County Public Defender's Office and three public defenders in his 42 U.S.C. § 1983 civil rights ...
No. 96-1221
115 F.3d 809 (1997) | Cited 537 times
... TENTH CIRCUIT APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO (D.C. No. 96-M-43) BRORBY, Circuit Judge. Petitioner Marcus A. McIntosh, a federal inmate proceeding pro se, appeals the district court's dismissal of his petition for writ of habeas corpus brought pursuant ...
No. 89-1588
904 F.2d 192 (1990) | Cited 531 times
... Opinion OF THE COURT BECKER, Circuit Judge. This is a prisoner's civil rights case, 42 U.S.C. § 1983, in which the district court, after the initial grant of in forma pauperis status, 28 U.S.C. § 1915(a), and service of process on certain defendants, dismissed the complaint as legally frivolous ...
No. 96-30415 Summary Calendar
105 F.3d 1059 (1997) | Cited 522 times
... EDITH H. JONES, Circuit Judge: Appellant McCormick alleged that many of his constitutional rights were violated when officials of the Louisiana prison system and Phelps Correctional Center in DeQuincy determined he must undergo prophylactic treatment with isonicotinic acid hydrazide (INH) because ...
No. 06-14508
517 F.3d 1249 (2008) | Cited 521 times
... PUBLISH Before BIRCH, CARNES and COX, Circuit Judges. This appeal presents the narrow question of whether a federal prisoner incarcerated in a privately operated prison may pursue a Bivens action against employees of the private prison for allegedly violating his Eighth Amendment right to medical ...
No. 97-50257
136 F.3d 1053 (1998) | Cited 510 times
... This appeal from the district court's sua sponte dismissal, pursuant to 42 U.S.C. § 1997e(c), for failure to state a claim on which pro se Plaintiff-Appellant Timothy D. V. Bazrowx, a Texas prison inmate, could recover in his civil rights suit under 42 U.S.C. § 1983, requires us to establish as a ...
No. 00-14688
254 F.3d 1276 (2001) | Cited 500 times
... As amended July 6, 2001 Non-Argument Calendar. Arsenio Leal, proceeding pro se, appeals the district court's sua sponte dismissal of his 42 U.S.C. § 1983 civil rights action pursuant to the Prison Litigation Reform Act ("PLRA"), 28 U.S.C. § 1915A(b)(1), for failure to state a claim upon which ...
No. 99-4111.
259 F.3d 1321 (2001) | Cited 470 times
... As amended August 13, 2001. Jack Vanderberg, a pro se prisoner, filed suit under 42 U.S.C. § 1983 against a prison official. The district court dismissed the case for failure to state a claim upon which relief could be granted, pursuant to 28 U.S.C.A. § 1915(e)(2)(B)(ii) (West Supp.2001). We ...
No. 94-50782
70 F.3d 377 (1995) | Cited 466 times
... WIENER, Circuit Judge: The sole issue presented by this appeal is whether, for purposes of FED. R. CIV. P. 5(e), a prisoner's pro se complaint is "filed" on the date it is properly delivered to prison officials pursuant to the prison's established procedures for prisoners' mail, 1 rather than the ...
No. 99-6087.
262 F.3d 1194 (2001) | Cited 453 times
... As amended August 31, 2001. The Prison Litigation Reform Act of 1995 ("PLRA") requires, inter alia, that a prisoner bringing a civil action in forma pauperis ("IFP") must pay the full filing fee. See 28 U.S.C. § 1915(b) (West Supp.2000). The issue presented in this appeal is whether multiple ...
No. 88-5943
885 F.2d 1439 (1989) | Cited 452 times
... WARREN J. FERGUSON, Circuit Judge. Plaintiff-Appellant Robert E. Thompson appeals pro se the district court's dismissal of his civil rights action as to defendant Board of Regents of the University of California and the district court's grant of summary judgment in favor of the County of Los ...
No. 93-2938
51 F.3d 512 (1995) | Cited 435 times
... EMILIO M. GARZA, Circuit Judge: Barbra Piotrowski appeals the district court's dismissal of her civil rights suit against the City of Houston (the "City"), 1 which she brought under 42 U.S.C. § 1983 (1988). We modify and affirm. I In 1980, gunmen shot Barbra Piotrowski in an attempt to kill ...
No. 08-6002
545 F.3d 1234 (2008) | Cited 434 times
... PUBLISH Before TACHA, KELLY and McCONNELL, Circuit Judges. Plaintiff Jessie D. Duffield, proceeding pro se, brought a 42 U.S.C. § 1983 suit against several members of the medical staff at the James Crabtree Correctional Center ("JCCC") in Helena, Oklahoma, claiming that they violated his Eighth ...
No. 93-16780
48 F.3d 1082 (1994) | Cited 433 times
... Order AMENDING OPINION AND DENYING PETITION FOR REHEARING AND REJECTING EN BANC SUGGESTION FLETCHER, Circuit Judge: Hawaii state prison officials, defendants in a 42 U.S.C. § 1983 suit, appeal the denial of summary judgment on their claim of qualified immunity. We affirm. I Terry Smith was ...
No. 00-6152
240 F.3d 1287 (2001) | Cited 428 times
... PUBLISH Joe R. McBride, a state prisoner, brought suit pursuant to 42 U.S.C. § 1983 against Integrity Health Care, Inc., Wexford Health Services, and various employees of the Oklahoma County Detention Center ("OCDC"), arguing that his constitutional rights were violated while he was incarcerated ...
No. 02-50902
343 F.3d 762 (2003) | Cited 427 times
... PUBLISHED Summary Calendar Plaintiff-Appellant Robert G. Hart, Texas prisoner # 769108, appeals from the district court's order granting the defendants' motion for summary judgment and dismissing his 42 U.S.C. § 1983 civil rights complaint for failure to state a claim on which relief can be ...
Docket No. 97-2674
230 F.3d 14 (2000) | Cited 427 times
... Submitted: April 13, 2000 Appeal from an order of the United States District Court for the Southern District of New York, Loretta A. Preska, Judge, dismissing complaint brought under 42 U.S.C. § 1983 alleging that defendants used or condoned the use of excessive force in violation of plaintiff's ...
No. 97-40536
151 F.3d 292 (1998) | Cited 418 times
... Appeal from the United States District Court For the Eastern District of Texas On October 8, 1996, Kevin Underwood, Texas prisoner #579650, filed a civil rights complaint pursuant to 42 U.S.C. § 1983 against various officials of the Michael Unit, alleging that the defendants assigned him to jobs ...
(D.C. Nos. CIV-92-1363-HB, CIV-92-1405-HB, CIV-92-1411-HB,
83 F.3d 1197 (1996) | Cited 414 times
... Filed 4/29/96 JAMES RIDDLE, LEE SIEMON, BOBBY TRUJILLO, JERRY WALKER, GERALD SOSTRICH, ERNIE E. DELGADO, Plaintiffs-Appellants, JUAN TREVINO, KEVIN YATES, ADAN ACOSTA, JAMES W. COTTON, CLINT COOK, CORY D. LUMAN, VERNARD MILES, FRANCISCO JUAREZ, JODY MORALES, MICHAEL DURAN, ANDREW SISNEROS, ANDRE ...
No. 86-1144
821 F.2d 408 (1987) | Cited 412 times
... Before CUMMINGS and POSNER, Circuit Judges, and FAIRCHILD, Senior Circuit Judge. CUMMINGS, Circuit Judge. Plaintiff, 1 currently an inmate at the Indiana State Prison in Michigan City and previously at the Indiana State Reformatory in Pendleton, 2 brought this action under 42 U.S.C. § 1983 ...
(D.C. Civ. No. 95-cv-00245J)
112 F.3d 682 (1997) | Cited 412 times
... Filed May 2, 1997 Argued March 10, 1997 OPINION OF THE COURT This appeal from the dismissal of civil rights claims pursuant to Fed. R. Civ. P. 12(b)(6) presents a question of first impression for us: whether a plaintiff's status as a mentally retarded female 1 places her within a cognizable ...
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