POWELL, COMMISSIONER, DEPARTMENT OF CORRECTIONS, ET AL.
v.
COPPOLA

U.S. | 1989-11-13
No. 89-522
493 U.S. 969 Supreme Court of the United States (1989) Positive Treatment
Cited by 6 cases

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  • Jackson v. City OF Beaumont Police Dep't, 958 F.2d 616 (5th Cir. 1992)
    …e the overlap between these two standards is considerable, it does not follow that a complaint which falls afoul of the former standard will invariably fall afoul of the latter.” Accord Wilson v. Lynaugh, 878 F. 2d 846, 849 (5th Cir.), cert. denied, 493 U.S. 969, 110 S.Ct. 417, 107 L.Ed.2d 382 (1989); Pugh v. Parish of St. Tammany, 875 F. 2d 436, 438 (5th Cir.1989). The primary function of § 1915(d) is to deter the filing of baseless lawsuits by in forma pauperis litigants who “would [not otherwise] be det…
  • Wasim Aziz v. C.O. Burrows, 976 F.2d 1158 (8th Cir. 1992)
    …o Horsey v. Asher, 741 F. 2d 209, 212 (8th Cir.1984). In our view, Neitzke does not change the rule that district courts may dismiss dupli-cative complaints under section 1915(d). See Wilson v. Lynaugh, 878 F. 2d 846, 850 (5th Cir.), cert. denied, 493 U.S. 969, 110 [*1159] S.Ct. 417, 107 L.Ed.2d 382 (1989). Our view is in harmony with the reasoning behind the statute. In Neitzke the Supreme Court stated that in enacting section 1915(d), Congress recognized “a litigant whose filing fees and court costs are…
  • United States v. Gavin, 959 F.2d 788 (9th Cir. 1992)
    …arino v. Vasquez, 812 F. 2d 499, 504 (9th Cir.1987). Finally, Gavin was not entitled to a “specific unanimity” instruction as to the parts of the body he allegedly touched. United States v. Anguiano, 873 F. 2d 1314, 1318-21 (9th Cir.) cert. denied, 493 U.S. 969, 110 S.Ct. 416, 107 L.Ed.2d 381 (1989). AFFIRMED. ORDER June 26, 1992. The motion of the United States, pursuant to 18 U.S.C. § 3509(d), to redact the opinion and court records in this case is GRANTED. Disclosure of the child victim’s name would…

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