Burton Donald Woods v. Jack Dugan, Official Court Reporter

Burton Donald Woods appeals the district court’s order granting defendant’s motion to dismiss his complaint, 519 F.Supp. 749. We vacate the order and remand to the district court for further proceedings.

Woods, a Missouri state prisoner whose conviction is on appeal in state court, brought an action under 42 U.S.C. § 1983 against the court reporter, alleging that the reporter’s eleven month delay in preparing a trial transcript violated his rights under the eighth and fourteenth amendments. Appellant sought damages and declaratory relief.

On June 29, 1981 defendant responded to the complaint by…