Legal Opinion
Byron Alston v. H. Christian Debruyn
Court of Appeals for the Seventh Circuit
Decided January 5, 1994No. 91-3927PublishedCited by 137 opinions
1Opinion of the Court
CUMMINGS, Circuit Judge.
Byron Alston, an Indiana state inmate, appeals the dismissal of his civil rights complaint as frivolous under 28 U.S.C. § 1915(d). This appeal questions the propriety of that dismissal, which was with prejudice and without leave to amend the complaint. We conclude that the district court abused its discretion in dismissing the complaint because Alston raised colorable claims and should have had the opportunity to cure the complaint’s shortcomings by amendment.
I. FACTS
Alston, along with twelve other inmates, brought a pro se complaint styled as a “class action” under 42…
2Cases cited34 opinions
- Neitzke v. WilliamsSupreme Court of the United States · 1989
- Wolff v. McDonnellSupreme Court of the United States · 1974
- Denton v. HernandezSupreme Court of the United States · 1992
- Turner v. SafleySupreme Court of the United States · 1987
- Bounds v. SmithSupreme Court of the United States · 1977
29 more not listed; retrieve them via the Exa API.
3Cited by137 opinions
- Kenneth E. Gentry v. Jack R. Duckworth, Superintendent, Indiana State ReformatoryCourt of Appeals for the Seventh Circuit · 1995
- Maddox v. LoveCourt of Appeals for the Seventh Circuit · 2011
- Robert Westefer v. Michael NealCourt of Appeals for the Seventh Circuit · 2012
- Pierce v. County of OrangeCourt of Appeals for the Ninth Circuit · 2008
- Del Raine v. WillifordCourt of Appeals for the Seventh Circuit · 1994
132 more not listed; retrieve them via the Exa API.