Legal Opinion

Townsend v. Moya

Court of Appeals for the Fifth Circuit

Decided June 5, 2002No. 00-50524PublishedCited by 61 opinions

1Per curiam

After being cut with a knife by a prison guard, Fred Townsend (“Townsend”), an inmate of the Texas Department of Criminal Justice (“TDCJ”), filed a § 1983 suit against a guard, a prison warden, and the executive director of the TDCJ.1 The district court granted summary judgment to the defendants, and Townsend appeals. Because there is no genuine issue of material fact concerning whether the prison guard acted under color of state law, we AFFIRM.

FACTUAL AND PROCEDURAL BACKGROUND

Townsend was an inmate and a state-approved trustee and worked in the prison as a “kennelman” caring for the guards’…

2Cases cited7 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Jane Doe v. Taylor Independent School District, Mike Caplinger in His Official Capacities and Eddy Lankford in His Official and Individual CapacitiesCourt of Appeals for the Fifth Circuit · 1994
  3. John Doe and Jane Doe, as Next Friend of Sarah Doe v. Rains County Independent School District, Dana WhiteCourt of Appeals for the Fifth Circuit · 1995
  4. Bennett v. PippinCourt of Appeals for the Fifth Circuit · 1996
  5. United States v. Damon Causey, United States of America v. Paul Hardy, Also Known as P, Also Known as Cool and Len DavisCourt of Appeals for the Fifth Circuit · 1999

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3Cited by61 opinions

  1. Bustos v. Martini Club, Inc.Court of Appeals for the Fifth Circuit · 2010
  2. Nadia Naffe v. John FreyCourt of Appeals for the Ninth Circuit · 2015
  3. Bryant v. Military Department of MississippiCourt of Appeals for the Fifth Circuit · 2010
  4. Cruz Garcia v. Eric Holder, Jr.Court of Appeals for the Fifth Circuit · 2014
  5. Tyson v. County of SabineCourt of Appeals for the Fifth Circuit · 2022

56 more not listed; retrieve them via the Exa API.

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