Legal Opinion
Dennis Wayne Wilson v. Enrique M. Barrientos, Terry W. Huntsberry v. Byrd
Court of Appeals for the Fifth Circuit
Decided April 10, 1991No. 89-2854, 89-6005PublishedCited by 283 opinions
1Opinion of the Court
POLITZ, Circuit Judge:
Dennis Wayne Wilson and Terry W. Huntsberry appeal the dismissals with prejudice entered in their separate in forma pauperis civil rights actions filed against *481correctional officers at the institutions at which they are incarcerated. Concluding that the magistrate judge abused her discretion in the conduct of the Spears1 hearings, we vacate the judgments entered and remand each case.
Background
These consolidated cases were initiated by pro se petitions filed by prisoners alleging unlawful use of force by correctional officers. Dennis Wayne Wilson alleged that the morning…
2Cases cited19 opinions
- Neitzke v. WilliamsSupreme Court of the United States · 1989
- Cruz v. BetoSupreme Court of the United States · 1972
- Norman R. Spears v. O.L. McCotter Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1985
- Isiah Carl Green v. Dan v. McKaskle Acting Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1986
- Johnny Calvin Bailey v. Glenn Johnson, M.D.Court of Appeals for the Fifth Circuit · 1988
14 more not listed; retrieve them via the Exa API.
3Cited by283 opinions
- Joseph H. Norton v. E.U. Dimazana, M.D. Texas Department of Criminal JusticeCourt of Appeals for the Fifth Circuit · 1997
- Banuelos v. McFarlandCourt of Appeals for the Fifth Circuit · 1995
- Graves v. HamptonCourt of Appeals for the Fifth Circuit · 1993
- Eason v. HoltCourt of Appeals for the Fifth Circuit · 1996
- Brinson v. McKeemanDistrict Court, W.D. Texas · 1997
278 more not listed; retrieve them via the Exa API.