Legal Opinion

Jimmy Covington, Herbert Spruill and Franklin Haskin v. Harry Allsbrook

Court of Appeals for the Fourth Circuit

Decided November 25, 1980No. 80-6444PublishedCited by 48 opinions

1Opinion of the Court

ERVIN, Circuit Judge:

Jimmy Covington, Herbert Spruill and Franklin Haskin, North Carolina prison inmates, filed a pro se claim pursuant to 42 U.S.C. § 1983, asserting that they are subjected to cruel and unusual punishment because saccharin is served in drinks at the prison without an accompanying warning of its possible adverse effect on the health of the consumer. The district court dismissed for failure to state a claim upon which relief can be granted. “Covington, et al” appealed; only Covington, who is not an attorney, signed the notice of appeal.

We affirm the dismissal of Covington’s…

2Cases cited5 opinions

  1. Oxendine v. WilliamsCourt of Appeals for the Fourth Circuit · 1975
  2. Viola McKinney v. Lee E. De BordCourt of Appeals for the Ninth Circuit · 1974
  3. Dr. Harry W. Theriault v. Frederick Silber, Director, United States Chaplain ServiceCourt of Appeals for the Fifth Circuit · 1978
  4. Rev. Sharon L. Scarrella v. Midwest Federal Savings and LoanCourt of Appeals for the Eighth Circuit · 1976
  5. Floyd Van Hoose v. William P. EidsonCourt of Appeals for the Sixth Circuit · 1971

3Cited by48 opinions

  1. Torres v. Oakland Scavenger Co.Supreme Court of the United States · 1988
  2. Effie Mae Lewis v. Lenc-Smith Manufacturing Company, Now Known as Bally, L.S.Court of Appeals for the Seventh Circuit · 1986
  3. Gonzales v. WyattCourt of Appeals for the Fifth Circuit · 1998
  4. Ruiz Rivera v. Dept. of EducationCourt of Appeals for the First Circuit · 2000
  5. Norman D. Carter and Cecilia P. Carter v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1986

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