Legal Opinion
Steve Benny v. Danny Pipes and Charles Payne
Court of Appeals for the Ninth Circuit
Decided September 5, 1986No. 85-2347PublishedCited by 312 opinions
1Opinion of the Court
PREGERSON, Circuit Judge:
This case requires us to decide the breadth of Fed.R.Civ.P. 4. Two prisoners filed suit against several prison guards. A fellow prisoner served the summonses and complaints. Because the guards failed to answer the complaint, the district court entered a default judgment against them, and later awarded damages to one prisoner. The guards argue that a summons and complaint served by a prisoner is invalid under Fed.R.Civ.P. 4. They also argue, in the alternative, that the district court should have set aside their default, or that the prisoners’ complaint failed to state…
2Cases cited21 opinions
- Daniels v. WilliamsSupreme Court of the United States · 1986
- Hanna v. PlumerSupreme Court of the United States · 1965
- Johnson v. GlickCourt of Appeals for the Second Circuit · 1973
- Ellis v. Brotherhood of Railway, Airline & Steamship Clerks, Freight Handlers, Express & Station EmployesSupreme Court of the United States · 1984
- H. F. Livermore Corporation v. Aktiengesellschaft Gebruder LoepfeCourt of Appeals for the D.C. Circuit · 1970
16 more not listed; retrieve them via the Exa API.
3Cited by312 opinions
- Susan Cripps, Defendant-Cross-Claimant-Appellant v. Life Insurance Company of North America, Plaintiff-Cross-Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1992
- Thiele v. StichSupreme Court of Minnesota · 1988
- Greyhound Exhibitgroup, Inc. v. E.L.U.L. Realty Corp.Court of Appeals for the Second Circuit · 1992
- John Crowley v. Bruce BannisterCourt of Appeals for the Ninth Circuit · 2013
- Direct Mail Specialists, Inc. v. Eclat Computerized Technologies, Inc., Dba Computerized TechnologyCourt of Appeals for the Ninth Circuit · 1988
307 more not listed; retrieve them via the Exa API.