Legal Opinion

Jesse Roots v. J. A. Callahan, Inspector in Charge of Post Office Department

Court of Appeals for the Fifth Circuit

Decided March 20, 1973No. 72-3589PublishedCited by 11 opinions

1Per curiam

Jesse Roots, a prisoner of the State of Florida, filed a pro se complaint in the district court seeking a declaratory judgment against J. A. Callahan, Inspector in Charge, United States Postal Service. Roots sought an order to compel Callahan to investigate interference with his postal service.

The district court, construing the complaint as an action under 42 U.S.C. § 1983, felt that the alleged interferences were within the institution and that therefore an action against the Inspector would not lie since he relinquished custody and control of the mail when delivered to the prison. Roots…

2Cases cited5 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Haines v. KernerSupreme Court of the United States · 1972
  3. Virgil Norton, Virgil Wesley and James Chapman v. James P. McShaneCourt of Appeals for the Fifth Circuit · 1964
  4. Joseph X. Bethea v. Joseph J. Reid, Agent, Federal Bureau of Investigation, Newark, New Jersey, Etal.Court of Appeals for the Third Circuit · 1971
  5. Bernard Williams v. William P. Rogers, Secretary of StateCourt of Appeals for the Eighth Circuit · 1971

3Cited by11 opinions

  1. Robert E. Sykes v. State of California (Department of Motor Vehicles)Court of Appeals for the Ninth Circuit · 1974
  2. David Einhorn v. Charles O. Dewitt, District Director Internal Revenue ServiceCourt of Appeals for the Fifth Circuit · 1980
  3. Abraham Joseph Neal Rhodes, Who Now Uses the Name Abraham J. Rosenberg v. Bureau of PrisonsCourt of Appeals for the Fifth Circuit · 1973
  4. Robert E. Sykes v. State of California (Department of Motor Vehicles)Court of Appeals for the Ninth Circuit · 1974
  5. Vu v. MeeseDistrict Court, E.D. Louisiana · 1991

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