JAMES EDWARD CLAYTON, PLAINTIFF-APPELLANT,
v.
ROBERT T. WADE, CHIEF OF POLICE, ET AL., ETC., DEFENDANTS-APPELLEES
JAMES EDWARD CLAYTON, PLAINTIFF-APPELLANT,
ROBERT T. WADE, CHIEF OF POLICE, ET AL., ETC., DEFENDANTS-APPELLEES
487 F.2d 595
Court of Appeals for the Fifth Circuit (1973)
Cited by 13 cases
Opinion of the Court
PER CURIAM:
James Edward Clayton, a state prisoner appeals from the district court’s dismissal of his 42 U.S.C. § 1983 suit alleging that certain officials of Garland, Texas have wrongfully failed to return to him certain law books and legal materials seized during a search of his apartment, thereby denying him access to the courts and depriving him of property without just compensation. The defendants’ answer denying any knowledge as to the materials or their whereabouts was not a sufficient basis upon which to dismiss his claim. Some fact finding procedures were necessitated. See Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652 (1969). We therefore vacate the judgment below and remand this case for further proceedings consistent with Campbell v. Beto, 460 F. 2d 765 (5th Cir. 1972).
Vacated and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
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Carter v. Estelle, 519 F.2d 1136 (5th Cir. 1975)
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United States v. Wilson, 798 F.2d 509 (1st Cir. 1986)
-
Lolie v. The Ohio Brass Co., 502 F.2d 741 (7th Cir. 1974)
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- Haines v. Kerner, 404 U.S. 519 (U.S. 1972)
- Coy Ray Campbell v. Beto, 460 F.2d 765 (5th Cir. 1972)