Legal Opinion
Willard Barrett Wilson v. James A. Lynaugh, Director, Texas Department of Corrections
Court of Appeals for the Fifth Circuit
Decided August 2, 1989No. 88-2768PublishedCited by 204 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge:
Wilson, an inmate in the Texas Department of Corrections (TDC) since 1979, filed an in forma pauperis (IFP) 42 U.S.C. § 1983 suit alleging that his exposure to environmental tobacco smoke (ETS) violated his Eighth Amendment right to be free from cruel and unusual punishment. The district judge dismissed Wilson’s complaint with prejudice as frivolous pursuant to 28 U.S.C. § 1915(d). We affirm on the ground that Wilson’s complaint is duplicative, reasserting allegations litigated in a prior suit, and thus may be dismissed as frivolous under § 1915(d).
Round 1
Wilson,…
2Cases cited27 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Neitzke v. WilliamsSupreme Court of the United States · 1989
- Gregg v. GeorgiaSupreme Court of the United States · 1976
- Rhodes v. ChapmanSupreme Court of the United States · 1981
- Brown v. Board of EducationSupreme Court of the United States · 1954
22 more not listed; retrieve them via the Exa API.
3Cited by204 opinions
- Raymundo R. Mendoza v. James A. Lynaugh, Director, Texas Department of Criminal JusticeCourt of Appeals for the Fifth Circuit · 1993
- Pedro Pino v. Patrick Ryan, Deputy Superintendent of Programs, and David Barrenger, Senior Recreation Supervisor at Washington Correctional FacilityCourt of Appeals for the Second Circuit · 1995
- Wesley Lynn Pittman v. K. MooreCourt of Appeals for the Fifth Circuit · 1993
- Norman L. Clark v. State of Georgia Pardons and Paroles BoardCourt of Appeals for the Eleventh Circuit · 1990
- Wasim Aziz v. C.O. Burrows Lt. Heyer Sgt. Richter Caseworker Mobley John Doe Dick Moore Charles Wilson, Guard George Adams, Captain Bob FaithCourt of Appeals for the Eighth Circuit · 1992
199 more not listed; retrieve them via the Exa API.