Legal Opinion
Lillian Willene Miller and Bobby Joe Miller v. Fred Stanmore and Fred A. Frey, Warden, Fci
Court of Appeals for the Fifth Circuit
Decided February 9, 1981No. 79-2928PublishedCited by 156 opinions
1Opinion of the Court
TATE, Circuit Judge:
A pro se complaint filed by a federal prisoner and his wife against federal prison officials was dismissed by the district court for lack of subject matter jurisdiction and for failure to state a cause of action upon which any relief can be granted. The plaintiffs appeal the judgment of dismissal. Finding error in the dismissal on the pleadings, we reverse and remand.
Context Facts
The plaintiff Mrs. Miller was accused by a prison guard, the defendant, Stanmore, of engaging in manual sexual activity with her husband, a federal prisoner (and also a plaintiff), while in the…
2Cases cited24 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Haines v. KernerSupreme Court of the United States · 1972
- Foman v. DavisSupreme Court of the United States · 1962
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Wolff v. McDonnellSupreme Court of the United States · 1974
19 more not listed; retrieve them via the Exa API.
3Cited by156 opinions
- Taylor v. Books a Million, Inc.Court of Appeals for the Fifth Circuit · 2002
- Kaiser Aluminum & Chemical Sales, Inc. v. Avondale Shipyards, Inc.Court of Appeals for the Fifth Circuit · 1982
- Getty Oil Corporation, Succeeded by and a Division of Texaco, Inc. v. Insurance Company of North AmericaCourt of Appeals for the Fifth Circuit · 1988
- McZeal v. Sprint Nextel Corp.Court of Appeals for the Federal Circuit · 2007
- Kathy Jo Taylor, a Minor, by and Through David S. Walker, Jr., Attorney at Law as Guardian Ad Litem v. James G. Ledbetter, ph.d.Court of Appeals for the Eleventh Circuit · 1987
151 more not listed; retrieve them via the Exa API.