Legal Opinion

Mackey v. Smith

Court of Appeals for the Third Circuit

Decided August 7, 2007No. 05-5119UnpublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

Evaristus Mackey, an inmate at the United States Penitentiary (USP) in Brueeton Mills, West Virginia (USP-Ha-zleton), appeals the dismissal of his civil rights complaint by the United States District Court for the Middle District of Pennsylvania. 1 For the reasons below, we will affirm the District Court’s judgment.

In September 2005, Mackey filed a pro se Bivens 2 complaint, alleging that he was being punished at USP-Lewisburg for an “incident on 10-9-03” that occurred while Mackey was an inmate at USP-Pollock, and that the punishment was excessive. 3 Mackey protested his…

3Cases cited7 opinions

  1. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  2. Sandin v. ConnerSupreme Court of the United States · 1995
  3. Mark D. Tourscher v. Martin Horn, Secretary of the Pa. Dept. Of Corrections John McCullough Superintendent ,(d.c. Civil No. 98-Cv-00176j)Court of Appeals for the Third Circuit · 1999
  4. Griffin v. VaughnCourt of Appeals for the Third Circuit · 1997
  5. Jael Fraise v. Jack Terhune, Commissioner. Alexander Kettles v. James Barbo Howard Beyer. John Harris v. James Barbo Howard BeyerCourt of Appeals for the Third Circuit · 2002

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

4Cited by3 opinions

  1. GANT v. MARLERDistrict Court, E.D. Pennsylvania · 2020
  2. MORRISON v. ROCHLINDistrict Court, M.D. Pennsylvania · 2020
  3. Ray v. Federal Bureau of PrisonsDistrict Court, M.D. Pennsylvania · 2019

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