Legal Opinion
Legate v. Livingston
Court of Appeals for the Fifth Circuit
Decided May 18, 2016No. 15-40079PublishedCited by 138 opinions
1Opinion of the Court
DANIEL P. JORDAN III, District Judge.
James Legate, Texas prisoner # 888549, filed suit under 42 U.S.C. § 1983 against Brad Livingston, Executive Director of the Texas Department of Criminal Justice (“TDCJ”). Legate alleged that Livingston violated his Eighth Amendment right to be free from cruel and unusual punishment by failing to protect him from the risk of contracting communicable diseases, including Hepatitis C. The district court dismissed the suit pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii), 1915A(b)(l), and 1997e(c)(l). At issue is whether the district court erred in dismissing…
2Cases cited12 opinions
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- Farmer v. BrennanSupreme Court of the United States · 1994
- County of Sacramento v. LewisSupreme Court of the United States · 1998
- Helling v. McKinneySupreme Court of the United States · 1993
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3Cited by138 opinions
- Larry Alderson v. Concordia Parish Corrtl Facil, eCourt of Appeals for the Fifth Circuit · 2017
- Wiggins v. Louisiana State University-Health Care Services DivisionCourt of Appeals for the Fifth Circuit · 2017
- Michael DeMarco, Jr. v. Lorie Davis, Director, etCourt of Appeals for the Fifth Circuit · 2019
- Ariyan v. Sewerage and Water BoardCourt of Appeals for the Fifth Circuit · 2022
- Julius Hodges v. Peter MeletisCourt of Appeals for the Fourth Circuit · 2024
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