Legal Opinion

Esmael Balboa Tijerina v. Larry v. Plentl, Assistant Warden

Court of Appeals for the Fifth Circuit

Decided April 16, 1992No. 91-4015PublishedCited by 2 opinions

1Opinion of the Court

EMILIO M. GARZA, Circuit Judge:

Alleging prison guards attacked him in retaliation for his exercise of prison grievance procedures, Esmael Tijerina, an inmate in the Texas Department of Criminal Justice, Institutional Division, proceeding pro se and in forma pauperis (IFP), filed a complaint pursuant to 42 U.S.C. § 1983. Following trial, the jury returned a verdict for defendants and the district court entered judgment against Tijerina. Tijerina then moved for a new trial, which the district court denied as untimely. Subsequently, Tijerina filed a motion with this court to proceed IFP.…

2Cases cited15 opinions

  1. Hudson v. McMillianSupreme Court of the United States · 1992
  2. Osterneck v. Ernst & WhinneySupreme Court of the United States · 1989
  3. Marion Ray Mosley v. Officer M.D. CozbyCourt of Appeals for the Fifth Circuit · 1987
  4. Walter J. Cobb, on Behalf of Themselves and All Others Similarly Situated v. Jerry LewisCourt of Appeals for the Fifth Circuit · 1974
  5. Robbins v. MaggioCourt of Appeals for the Fifth Circuit · 1985

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3Cited by2 opinions

  1. Rankin v. KlevenhagenCourt of Appeals for the Fifth Circuit · 1993
  2. Warren Allen v. Board of Governors of State Colleges and Universities, and Chicago State UniversityCourt of Appeals for the Seventh Circuit · 1996

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