COOPER
v.
PATE, WARDEN
Per Curiam.
The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted.
The petitioner, an inmate at the Illinois State Penitentiary, brought an action under 28 U. S. C. § 1343 and 42 U. S. C. § 1983, § 1979 of the Revised Statutes, alleging that solely because of his religious beliefs he was denied permission to purchase certain religious publications and denied other privileges enjoyed by other prisoners. The District Court granted the respondent’s motion to dismiss for failure to state a claim on which relief could be granted and the Court of Appeals affirmed. 324 F. 2d 165 (C. A. 7th Cir.). We reverse the judgment below. Taking as true the allegations of the complaint, as they must be on a motion to dismiss, the complaint stated a cause of action and it was error to dismiss it. See Pierce v. LaVallee, 293 F. 2d 233 (C. A. 2d Cir.); Sewell v. Pegelow, 291 F. 2d 196 (C. A. 4th Cir.).
Cases With Similar Vibessemantic neighbors from the corpus
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Wolff v. McDONNELL, 418 U.S. 539 (U.S. 1974)…is no iron curtain [*556] drawn between the Constitution and the prisons of this country. Prisoners have been held to enjoy substantial religious freedom under the First and Fourteenth Amendments. Cruz v. Beto, 405 U. S. 319 (1972); Cooper v. Pate, 378 U. S. 546 (1964). They retain right of access to the courts. Younger v. Gilmore, 404 U. S. 15 (1971), aff’g Gilmore v. Lynch, 319 F. Supp. 105 (ND Cal. 1970); Johnson v. Avery, 393 U. S. 483 (1969); Ex parte Hull, 312 U. S. 546 (1941). Prisoners are protected…1 / 2
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Estelle v. Gamble, 429 U.S. 97 (U.S. 1976)…s to reinstate the complaint. 516 F. 2d 937 (CA5 1975). We granted certiorari, 424 U. S. 907 (1976). [*99] I Because the complaint was dismissed for failure to state a claim, we must take as true its handwritten, pro se allegations. Cooper v. Pate, 378 U. S. 546 (1964). According to the complaint, Gamble was injured on November 9, 1973, when a bale of cotton3 fell on him while he was unloading a truck. He continued to work but after four hours he became stiff and was granted a pass to the unit hospital. A…
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Bell v. Wolfish, 441 U.S. 520 (U.S. 1979)…nnell, supra, at 555-556. So, for example, our cases have held that sentenced prisoners enjoy freedom of speech and religion under the First and Fourteenth Amendments, see Pell v. Procunier, supra; Cruz v. Beto, 405 U. S. 319 (1972); Cooper v. Pate, 378 U. S. 546 (1964); that they are protected against invidious discrimination on the basis of race under the Equal Protection Clause of the Fourteenth Amendment, see Lee v. Washington, 390 U. S. 333 (1968); and that they may claim the protection of the Due Proce…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pierce v. LA Vallee, 293 F.2d 233 (2d Cir. 1961)
- Sewell v. Pegelow, 291 F.2d 196 (4th Cir. 1961)
- Cooper v. Pate, 324 F.2d 165 (7th Cir. 1963)