Legal Opinion
Roger James Cline v. Donald Herman, United States Marshal, for the District of South Dakota and Two Unknown (Agents) Marshals
Court of Appeals for the Eighth Circuit
Decided July 17, 1979No. 79-1160PublishedCited by 15 opinions
1Per curiam
Roger James Cline, a federal prisoner, appeals from the district court’s sua sponte dismissal of his complaint prior to service of process. We reverse and remand for further proceedings.
Cline’s complaint contains the following allegations which, for present purposes, we deem as true. On October 6, 1977, the district court sentenced Cline to ten years’ imprisonment for voluntary manslaughter. In its commitment order, the district court recommended that, “in view of the fact that Mr. Cline killed an Indian, it might be well for him to be kept separate from Indian inmates.” However, when two…
2Cases cited11 opinions
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Davis v. PassmanSupreme Court of the United States · 1979
- United States v. MunizSupreme Court of the United States · 1963
- Lawrence J. Holt v. Robert Sarver, Commissioner of CorrectionsCourt of Appeals for the Eighth Circuit · 1971
- Gary Harkins v. Gary Eldredge and the Missouri Bar AssociationCourt of Appeals for the Eighth Circuit · 1974
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Gillespie v. CivilettiCourt of Appeals for the Ninth Circuit · 1980
- Gillespie v. CivilettiCourt of Appeals for the Ninth Circuit · 1980
- Salvatore G. Crisafi v. George E. HollandCourt of Appeals for the D.C. Circuit · 1981
- Lillian Willene Miller and Bobby Joe Miller v. Fred Stanmore and Fred A. Frey, Warden, FciCourt of Appeals for the Fifth Circuit · 1981
- John Everett Miller v. Herman Solem, Warden, South Dakota State Penitentiary, and Gay KrullCourt of Appeals for the Eighth Circuit · 1984
10 more not listed; retrieve them via the Exa API.