Legal Opinion
James Edward Wooten v. Sgt. Garland Shook, Etc., Wesley Otey v. Paul Puckett, Sheriff, City of Roanoke
Court of Appeals for the Fourth Circuit
Decided September 16, 1975No. 73-2213, 73-2282PublishedCited by 5 opinions
1Opinion of the Court
FIELD, Circuit Judge:
These two appeals involve actions instituted by state prisoners under 42 U.S.C. § 1983, each of which was dismissed without an evidentiary hearing. The divergent manner in which the cases were handled by the respective district courts requires that No. 73-2282 be reversed while No. 73-2213 is affirmed.
The plaintiff in Case No. 73-2213 alleged that he escaped from the Craggy Prison Unit, Asheville, North Carolina, and that when he was recaptured a billfold containing $33.00 in cash, together with some personal pictures and papers, was seized by the defendant correctional…
2Cases cited2 opinions
- Haines v. KernerSupreme Court of the United States · 1972
- J. Ferber Coleman v. Courtland C. Peyton, Superintendent of the Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1965
3Cited by5 opinions
- Robert Louis Roseboro v. Sam P. Garrison, Individually and in His Official Capacity as Warden of Central PrisonCourt of Appeals for the Fourth Circuit · 1975
- Dawson v. KendrickDistrict Court, S.D. West Virginia · 1981
- Henderson Amusement, Inc. v. GoodDistrict Court, W.D. North Carolina · 2001
- Waller v. ButkovichDistrict Court, M.D. North Carolina · 1985
- Guthrie v. Blue Ridge Savings BankDistrict Court, W.D. North Carolina · 2000