Legal Opinion

Lee v. Karriker

Court of Appeals for the Fifth Circuit

Decided June 24, 2010No. 09-40968PublishedCited by 1 opinion

1Opinion of the Court

PER CURIAM: *

Robert James Lee, Texas prisoner # 1094546, appeals the dismissal of his 42 U.S.C. § 1983 complaint as untimely filed and frivolous, and for failure to state a claim upon which relief may be granted.1 Lee seeks the removal of a 2003 notation in his prison records indicating that he once took part in an escape plot. He says the entry of the notation — a “security precaution designator” — violates his constitutional rights because he was not afforded a disciplinary hearing.

By his own admission, Lee first learned of the existence of the escape notation in his record at a…

2Cases cited9 opinions

  1. Sandin v. ConnerSupreme Court of the United States · 1995
  2. Piotrowski v. City of HoustonCourt of Appeals for the Fifth Circuit · 2001
  3. Moreno v. Sterling Drug, Inc.Texas Supreme Court · 1990
  4. Moore v. McDonaldCourt of Appeals for the Fifth Circuit · 1994
  5. Malchi v. ThalerCourt of Appeals for the Fifth Circuit · 2000

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3Cited by1 opinion

  1. Schuff v. PerkinsDistrict Court, E.D. Texas · 2023

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