Legal Opinion

Peter Simmons, Jr. v. Louis L. Wainwright, Director, Division of Corrections

Court of Appeals for the Fifth Circuit

Decided July 3, 1972No. 72-1533PublishedCited by 3 opinions

1Per curiam

Simmons has appealed the district court’s dismissal of his Civil Rights complaint filed pursuant to 42 U.S.C. § 1983, et seq. We vacate the judgment below and remand for further proceedings.

The appellant is a prisoner of the State of Florida, presently incarcerated at Raiford, Florida. However, he seeks damages arising out of his detention in punitive segregation while an inmate of the Apalachee Correctional Institution at Chattahoochee, Florida.

In his petition filed below, he initially alleges that he was placed in segregation for “kiting out” letters to his attorney and the then Governor of…

2Cases cited5 opinions

  1. Sostre v. McGinnisCourt of Appeals for the Second Circuit · 1971
  2. United States of America Ex Rel. Burwell L. Jones v. Alfred T. Rundle, SuperintendentCourt of Appeals for the Third Circuit · 1971
  3. A. D. Granville v. W. B. HuntCourt of Appeals for the Fifth Circuit · 1969
  4. Enrique B. Andrade v. W. B. (Bill) Hauck, SheriffCourt of Appeals for the Fifth Circuit · 1971
  5. Robert Grene v. S. J. Britton, Acting WardenCourt of Appeals for the Fifth Circuit · 1972

3Cited by3 opinions

  1. Fred Arispe Cruz v. W. J. Estelle, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1974
  2. David Culp v. William Martin, U.S. MarshalCourt of Appeals for the Fifth Circuit · 1973
  3. Willie Lee Harper v. Administrative LieutenantCourt of Appeals for the Eleventh Circuit · 2021

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