Legal Opinion
Henry Benitez v. D. Wolff, J. Kihl
Court of Appeals for the Second Circuit
Decided June 28, 1990No. 1434, Docket 90-2014PublishedCited by 38 opinions
1Per curiam
Henry Benitez, plaintiff pro se, appeals from a judgment of the United States District Court for the Western District of New York, Michael A. Telesca, Chief Judge, dismissing, sua sponte, his § 1983 complaint as frivolous under 28 U.S.C. § 1915. Because the district court misconstrued Beni-tez’s complaint, we reverse and remand.
Benitez is currently incarcerated at Auburn Correctional Facility. On February 27, 1988, during his incarceration at Attica Correctional Facility, a misbehavior report was filed against him; a copy was delivered to him the next morning. Later that day, a second…
2Cases cited6 opinions
- Neitzke v. WilliamsSupreme Court of the United States · 1989
- Wolff v. McDonnellSupreme Court of the United States · 1974
- Robles v. CoughlinCourt of Appeals for the Second Circuit · 1983
- Eng v. CoughlinCourt of Appeals for the Second Circuit · 1988
- Elliott v. BronsonCourt of Appeals for the Second Circuit · 1989
1 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Richard A. LIVINGSTON, Plaintiff-Appellant, v. ADIRONDACK BEVERAGE COMPANY, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1998
- Guy McEachin v. Michael McGuinnis Superintendent, W.E. Wilcox, Acting Dep. Supt. Of Security, Southport, J. Irizarry, Food Service AdministratorCourt of Appeals for the Second Circuit · 2004
- Pedro Pino v. Patrick Ryan, Deputy Superintendent of Programs, and David Barrenger, Senior Recreation Supervisor at Washington Correctional FacilityCourt of Appeals for the Second Circuit · 1995
- Peter L. Carr v. Jeffrey M. Dvorin, Assistant Nys Attorney GeneralCourt of Appeals for the Second Circuit · 1999
- Henry Benitez v. D. Wolff, J. KihlCourt of Appeals for the Second Circuit · 1993
33 more not listed; retrieve them via the Exa API.