Eason v. Thaler
Court of Appeals for the Fifth Circuit
1Opinion of the Court
POLITZ, Chief Judge:
Danny Ray Eason, pro se and in forma pauperis, appeals the dismissal of his 42 U.S.C. § 1983 prisoner civil rights complaint as frivolous under 28 U.S.C. § 1915(d). We vacate and remand.
Background
Eason, a prisoner of the Texas Department of Criminal Justice, alleges that following a November 1992 riot he was subjected to “lockdown” without receiving due process, denied access to a law library and, in light of his religious dietary restrictions, deprived of adequate food for 25 days. 1 In dismissing the complaint as frivolous the district court concluded that security…
2Cases cited12 opinions
- Neitzke v. WilliamsSupreme Court of the United States · 1989
- Denton v. HernandezSupreme Court of the United States · 1992
- Bounds v. SmithSupreme Court of the United States · 1977
- Hewitt v. HelmsSupreme Court of the United States · 1983
- Norman R. Spears v. O.L. McCotter Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1985
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3Cited by281 opinions
- Brewster v. DretkeCourt of Appeals for the Fifth Circuit · 2009
- Siglar v. HightowerCourt of Appeals for the Fifth Circuit · 1997
- Eason v. ThalerCourt of Appeals for the Fifth Circuit · 1996
- Harris v. HegmannCourt of Appeals for the Fifth Circuit · 1999
- Hale v. KingCourt of Appeals for the Fifth Circuit · 2011
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