Legal Opinion
Orr v. Larkins
Court of Appeals for the Eighth Circuit
Decided July 7, 2010No. 08-3857PublishedCited by 66 opinions
1Per curiam
Inmate David Orr claims that prison officials violated his rights under the Due Process Clause of the Fourteenth Amendment, and under the Eighth Amendment, by keeping him in administrative segregation for about nine months following his third “dirty” urine test. See 42 U.S.C. § 1983. The district court 1 dismissed the complaint without ordering a response or hearing. See 28 U.S.C. § 1915(e)(2)(B) (authorizing dismissal where the action “is frivolous or malicious” or “fails to state a claim on which relief may be granted.”). This court affirms.
“In order to prevail on a Fourteenth Amendment due…
2Cases cited6 opinions
- Estelle v. GambleSupreme Court of the United States · 1976
- Sandin v. ConnerSupreme Court of the United States · 1995
- Phillips v. NorrisCourt of Appeals for the Eighth Circuit · 2003
- Brother Patrick Portley-El v. Hoyt BrillCourt of Appeals for the Eighth Circuit · 2002
- Clark v. BrewerCourt of Appeals for the Eighth Circuit · 1985
1 more not listed; retrieve them via the Exa API.
3Cited by66 opinions
- Charles Hamner v. Danny BurlsCourt of Appeals for the Eighth Circuit · 2019
- David Orr v. Tom ClementsCourt of Appeals for the Eighth Circuit · 2012
- Persechini v. CallawayCourt of Appeals for the Eighth Circuit · 2011
- Williams v. HobbsCourt of Appeals for the Eighth Circuit · 2011
- Brent Ballinger v. Cedar County, MOCourt of Appeals for the Eighth Circuit · 2016
61 more not listed; retrieve them via the Exa API.