Carl Reed, Jr. v. Clarence Jones, Sheriff

For failure to state a claim upon which relief could be granted, the district court dismissed the civil rights complaint of Reed, a Texas prisoner, filed under 42 U.S.C.A. § 1983. In his pro se complaint, petitioner alleged and described acts which were claimed to constitute cruel and unusual punishment. No response of any kind was required from or filed by the defendants. The complaint was referred to a magistrate who recommended dismissal on the basis of the complaint alone, and this recommendation was adopted by the district court. We reverse and remand for further proceedings.

The Supreme…