James E. Bilton, Jr. v. Dr. George J. Beto, Director, Texas Department of Corrections

In this civil rights suit brought under 42 U.S.C.A. § 1983, appellant, a Texas prisoner, alleged that Texas prison officials forced him to perform strenuous labor and refused to furnish medical treatment for his heart disease. On March 30, 1972, the court below dismissed the suit for failure to allege the presence of “exceptional circumstances” warranting interference in prison administration, citing, inter alia, Flint v. Wainwright, 5 Cir. 1970, 433 F.2d 961.

Nineteen days after this order of dismissal was entered, we announced our decision in Campbell v. Beto, 5 Cir. 1972, 460 F.2d 765, in…