Legal Opinion
Carbe v. Lappin
Court of Appeals for the Fifth Circuit
Decided July 5, 2007No. 06-40192PublishedCited by 273 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
Milton Carbe appeals the district court’s dismissal without prejudice of his Bivens 1 complaint for failure to exhaust administrative remedies. He alleged that he was subjected to unconstitutional conditions of confinement when the defendants ignored a mandatory evacuation order and left him and other inmates at the Beaumont prison during Hurricane Rita without, inter alia, adequate food, water, and ventilation. The court dismissed the complaint sua sponte prior to service on the defendants for failure to exhaust remedies. First there is a matter of…
2Cases cited9 opinions
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Jones v. BockSupreme Court of the United States · 2007
- Norman R. Spears v. O.L. McCotter Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1985
- McCarthy v. BronsonSupreme Court of the United States · 1991
- Aquilar-Avellaveda v. TerrellCourt of Appeals for the Tenth Circuit · 2007
4 more not listed; retrieve them via the Exa API.
3Cited by273 opinions
- Dillon v. RogersCourt of Appeals for the Fifth Circuit · 2010
- Todd Mattox v. Adam EdelmanCourt of Appeals for the Sixth Circuit · 2017
- Freddie Coleman v. David SweetinCourt of Appeals for the Fifth Circuit · 2014
- Lois Davis v. Fort Bend CountyCourt of Appeals for the Fifth Circuit · 2018
- Hall v. HodgkinsCourt of Appeals for the Fifth Circuit · 2008
268 more not listed; retrieve them via the Exa API.