Legal Opinion
Fratus v. DeLand
Court of Appeals for the Tenth Circuit
Decided March 7, 1995No. 94-4194PublishedCited by 184 opinions
1Opinion of the Court
SEYMOUR, Chief Judge.
David Fratus filed this pro se action under 42 U.S.C. § 1983, alleging that the Utah State Prison (USP) violated his Eighth Amendment and Fourteenth Amendment rights by overcharging him for damage he caused to windows and a television. Mr. Fratus also alleges that the issuance of a restitution order at a hearing where he was not present and at a time when he was mentally incompetent violated his due process rights. Upon the magistrate’s recommendation, the district court dismissed Mr. Fratus’ action as time-barred. Mr. Fratus appeals, and we reverse.
I
Mr. Fratus broke…
2Cases cited10 opinions
- Neitzke v. WilliamsSupreme Court of the United States · 1989
- Denton v. HernandezSupreme Court of the United States · 1992
- Board of Regents of Univ. of State of NY v. TomanioSupreme Court of the United States · 1980
- Marvin D. Baker v. The Board of Regents of the State of Kansas and University of Kansas Medical School--School of MedicineCourt of Appeals for the Tenth Circuit · 1993
- Seth Yellen, A/K/A Ronald Larkins v. Thomas I. Cooper, Superintendent, Shadow Mountain Correctional Facility, and Lt. Ted Weber, Correctional OfficerCourt of Appeals for the Tenth Circuit · 1987
5 more not listed; retrieve them via the Exa API.
3Cited by184 opinions
- Trujillo v. WilliamsCourt of Appeals for the Tenth Circuit · 2006
- Alexander v. OklahomaCourt of Appeals for the Tenth Circuit · 2004
- Smith v. City of EnidCourt of Appeals for the Tenth Circuit · 1998
- Fratus v. DelandCourt of Appeals for the Tenth Circuit · 1995
- Vasquez Arroyo v. StarksCourt of Appeals for the Tenth Circuit · 2009
179 more not listed; retrieve them via the Exa API.