Legal Opinion
Abraham Gladney, Jr. v. Pendleton Correctional Facility and Indiana Department of Corrections
Court of Appeals for the Seventh Circuit
Decided October 3, 2002No. 01-2182PublishedCited by 175 opinions
1Opinion of the Court
POSNER, Circuit Judge.
A state prison inmate brought a civil rights suit against prison officials. The district court dismissed the suit as frivolous, 28 U.S.C. § 1915A(b)(l), and the inmate appeals. The only issue, one we left open in Sanders v. Sheahan, 198 F.3d 626 (7th Cir.1999), but think the time has come to resolve, is the standard of appellate review of determinations of “factual” frivolousness under section 1915A(b)(l). Usually suits are dismissed as frivolous because there is absolutely no legal basis for the plaintiffs claim. Sometimes, however, a suit is dismissed because the facts…
2Cases cited21 opinions
- Neitzke v. WilliamsSupreme Court of the United States · 1989
- Denton v. HernandezSupreme Court of the United States · 1992
- Darryl McGore v. Gene L. Wrigglesworth, Chief Sheriff Richard Chinelli, Administrator Ingham County Sheriff's DepartmentCourt of Appeals for the Sixth Circuit · 1997
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- Blackledge v. AllisonSupreme Court of the United States · 1977
16 more not listed; retrieve them via the Exa API.
3Cited by175 opinions
- Arnett v. WebsterCourt of Appeals for the Seventh Circuit · 2011
- Wayne Edwards v. Donald N. Snyder, Jr., Director, Michael L. Holmes, Allan WiselyCourt of Appeals for the Seventh Circuit · 2007
- Shakur v. SelskyCourt of Appeals for the Second Circuit · 2004
- McLean v. United StatesCourt of Appeals for the Fourth Circuit · 2009
- Felton v. City of ChicagoCourt of Appeals for the Seventh Circuit · 2016
170 more not listed; retrieve them via the Exa API.