Legal Opinion

Michael DeMarco, Jr. v. Lorie Davis, Director, et

Court of Appeals for the Fifth Circuit

Decided January 28, 2019No. 17-11230PublishedCited by 76 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

Michael DeMarco, Jr., an inmate at the James V. Allred Unit of the Texas Department of Criminal Justice ("TDCJ"), brought suit under 28 U.S.C. § 1983 against Jeremy Bynum, an officer at the Allred Unit; Joseph Boyle, a disciplinary captain; and William Stephens, the former director of the TDCJ. The district court dismissed the complaint with prejudice under 28 U.S.C. § 1915A(b)(1) for failure to state a claim upon which relief may be granted. We affirm in part and reverse in part and remand.

I

Bynum allegedly confiscated certain personal property from DeMarco's…

2Cases cited37 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Heck v. HumphreySupreme Court of the United States · 1994
  4. Kentucky v. GrahamSupreme Court of the United States · 1985
  5. Preiser v. RodriguezSupreme Court of the United States · 1973

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3Cited by76 opinions

  1. Anthony Martin v. Susan DuffyCourt of Appeals for the Fourth Circuit · 2020
  2. Tanzin v. TanvirSupreme Court of the United States · 2020
  3. Miguel Mendoza-Tarango v. Simona FloresCourt of Appeals for the Fifth Circuit · 2020
  4. Steven Baughman v. Ron HickmanCourt of Appeals for the Fifth Circuit · 2019
  5. Damond v. City of RayvilleCourt of Appeals for the Fifth Circuit · 2025

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