Legal Opinion
Jack Rheuark v. Bill Shaw, Clerk of Dallas County Court, and the State of Texas
Court of Appeals for the Fifth Circuit
Decided March 3, 1977No. 76-1486PublishedCited by 19 opinions
1Opinion of the Court
JAMES C. HILL, Circuit Judge:
The issue in this case is whether a prisoner’s suit for damages and injunctive relief against a state court clerk and court stenographer for their alleged failure to forward a state trial court transcript to the state appellate court is in the nature of a civil rights suit or a habeas corpus petition. Since we conclude that the action is in the nature of a civil rights suit, we reverse the dismissal by the district court and remand for further proceedings.
Appellant, Jack Rheuark, filed a complaint in the district court seeking injunctive and monetary relief…
2Cases cited6 opinions
- Preiser v. RodriguezSupreme Court of the United States · 1973
- Albert H. Carter and Richard E. Chapman v. V. Bailey Thomas, Clerk, U.S. District Court, Etc.Court of Appeals for the Fifth Circuit · 1976
- Albert H. Carter v. Ray Hardy, District Clerk of Harris County, TexasCourt of Appeals for the Fifth Circuit · 1976
- Jack Rheuark v. Wade, State of Texas and Warden of Leavenworth Federal PrisonCourt of Appeals for the Fifth Circuit · 1976
- Thomas E. Hill v. Perry M. Johnson, Jr., Clerk 19th Judicial District Court of East Baton Rouge Parish, LouisianaCourt of Appeals for the Fifth Circuit · 1976
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Frank Slavin v. Tim Curry Etc.Court of Appeals for the Fifth Circuit · 1978
- Rheuark v. ShawCourt of Appeals for the Fifth Circuit · 1980
- Reginald Williams v. Marie WoodCourt of Appeals for the Fifth Circuit · 1980
- Carl E. Cook v. Jack A. Hanberry, Warden, United States Penitentiary, Atlanta, GeorgiaCourt of Appeals for the Fifth Circuit · 1979
- Rheuark v. ShawCourt of Appeals for the Fifth Circuit · 1980
14 more not listed; retrieve them via the Exa API.