Legal Opinion

Shidler v. Moore

District Court, N.D. Indiana

Decided January 3, 2006No. 3:05-CV-804 ASPublishedCited by 13 opinions

1Opinion of the Court

OPINION AND ORDER

ALLEN SHARP, Judge.

Garry Earl Shidler, a pro se prisoner, submitted a complaint under 42 U.S.C. § 1983. Pursuant to 28 U.S.C. § 1915A, the court must review the merits of a prisoner complaint and dismiss it if the action is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. Fed. R. Civ. Pro. 12(b)(6) provides for the dismissal of a complaint, or any portion of a complaint, for failure to state a claim upon which relief can be granted. Courts apply the same standard under…

2Cases cited25 opinions

  1. Farmer v. BrennanSupreme Court of the United States · 1994
  2. Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
  3. Hudson v. PalmerSupreme Court of the United States · 1984
  4. Lewis v. CaseySupreme Court of the United States · 1996
  5. Whitley v. AlbersSupreme Court of the United States · 1986

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3Cited by13 opinions

  1. Leroy A. Lovelace v. Jack Lee Gene Shinault K. LesterCourt of Appeals for the Fourth Circuit · 2006
  2. Smith v. AllenCourt of Appeals for the Eleventh Circuit · 2007
  3. Madison v. VirginiaCourt of Appeals for the Fourth Circuit · 2006
  4. Daker v. FerreroDistrict Court, N.D. Georgia · 2007
  5. Ira W. Madison, and United States of America, Intervenor-Plaintiff-Appellee v. Commonwealth of Virginia, and R. Riter, A/K/A R. Ruter, Ccs Chairman Karen Polinsky Duncan Mills D.J. Armstrong Gary Bass, Chief of Operations, Ccs Lewis B. Cei, American Civil Liberties Union of Virginia, Incorporated the Becket Fund for Religious Liberty Coalition of Prison Chaplain Associations, Amici Supporting Ira W. Madison, and United States of America, Intervenor-Plaintiff-Appellee v. Gary L. Bass, in His Official Capacity as Chief of Operations of Offender Management Services for the Virginia Department of Corrections Louis B. Cei, in His Official Capacity as Special Programs Manager for the Virginia Department of Corrections Duncan Mills, in His Official Capacity as Central Classification Supervisor for the Virginia Department of Corrections Commonwealth of Virginia, American Civil Liberties Union of Virginia, Incorporated the Becket Fund for Religious Liberty Coalition of Prison Chaplain Associations, Amici SupportingCourt of Appeals for the Fourth Circuit · 2006

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