Legal Opinion

Delmar Lee Watson v. Dolph Briscoe

Court of Appeals for the Fifth Circuit

Decided June 22, 1977No. 74-3488PublishedCited by 25 opinions

1Per curiam

Here, a prisoner plaintiff appeals the district court’s dismissal of his § 1983 complaint on the ground that the claims essentially constituted habeas corpus claims and therefore needed to pass through state remedial machinery before entering federal court. We agree with the district court as to most of the claims, but remand those claims for a determination of whether dismissal or stay of proceedings presents the preferable course of action. As to non habeas type claims, we affirm the dismissal, as these claims have no merit.

Watson, the prisoner plaintiff in this case, brought a 1983 suit…

2Cases cited5 opinions

  1. Estelle v. GambleSupreme Court of the United States · 1976
  2. Preiser v. RodriguezSupreme Court of the United States · 1973
  3. John Fulford v. Frank Klein, Etc., Etc.Court of Appeals for the Fifth Circuit · 1977
  4. Johnny J. E. Meadows v. Lon Evans, Sheriff, Tarrant County, TexasCourt of Appeals for the Fifth Circuit · 1977
  5. Johnny J. E. Meadows v. Lon Evans, Sheriff, Tarrant County, TexasCourt of Appeals for the Fifth Circuit · 1976

3Cited by25 opinions

  1. Ronald P. Richardson v. Les FlemingCourt of Appeals for the Fifth Circuit · 1981
  2. William T. Hamlin v. E. C. Warren, Sheriff, Halifax CountyCourt of Appeals for the Fourth Circuit · 1981
  3. Walter G. Johnson v. Presley HardyCourt of Appeals for the Fifth Circuit · 1979
  4. Jackie Rimmer v. The Fayetteville Police Dept.Court of Appeals for the Fourth Circuit · 1977
  5. Robert Irwin Gwin v. Wayne Snow, Jr., Robert I. Gwin v. Mobley HowellCourt of Appeals for the Eleventh Circuit · 1989

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