Russell E. Freeman v. Department of Corrections

EBEL, Circuit Judge.

Appellant Freeman appeals the district court’s sua sponte dismissal of his complaint filed pursuant to 42 U.S.C. § 1983. We reverse the district court’s dismissal and remand for further proceedings.

In reviewing the sufficiency of a complaint, the district court must “presume[ ] all of plaintiff’s factual allegations [to be] true and construe[] them in the light most favorable to the plaintiff.” Hall v. Bellmon, 935 F.2d 1106, 1109 (10th Cir.1991) (citation omitted); see Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 1686, 40 L.Ed.2d 90 (1974). Because the district…