Sinclair v. Henderson, 30025 Summary Calendar.
Decision Date | 17 November 1970 |
Docket Number | No. 30025 Summary Calendar.,30025 Summary Calendar. |
Citation | 435 F.2d 125 |
Parties | Billy Wayne SINCLAIR, Petitioner-Appellant, v. C. Murray HENDERSON, Respondent-Appellee. |
Court | U.S. Court of Appeals — Fifth Circuit |
Billy W. Sinclair, pro se.
Jack P. F. Gremillion, Atty. Gen., Baton Rouge, La., for appellee.
Before THORNBERRY, MORGAN and CLARK, Circuit Judges.
Billy Wayne Sinclair filed a petition in the nature of a civil rights action in the district court which was denied without an evidentiary hearing or a response by the defendant.1 We vacate the judgment below and remand the case for reconsideration on the merits.
Sinclair is an inmate on "Death Row" at the Louisiana State Penitentiary. The gravamen of his complaint is that the conditions maintained on "Death Row" are violative of the Eighth Amendment prohibition against cruel and unusual punishment. In support of his contention appellant alleges that an inmate on Death Row He avers that he has sustained physical illnesses, as well as pain and suffering, from this treatment.
Appellant further complains that:
The district court peremptorily denied relief on the ground that the appellant had failed to exhaust his available state remedies. This was error.
Since this is a petition in the nature of a civil rights complaint rather than a petition for habeas corpus relief challenging the legality of appellant's conviction, a federal court's assumption of jurisdiction over the...
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...Royster, 333 F.Supp. 621, 651-656 (E.D.Va.1971); Sinclair v. Henderson, 331 F.Supp. 1123 (E.D.La.1971), on hearing after remand, 435 F.2d 125 (5th Cir. 1970); Clutchette v. Procunier, 328 F.Supp. 767 (N.D.Cal.1971); Bundy v. Cannon, 328 F.Supp. 165 (D.Md.1971); Rhem v. McGrath, 326 F.Supp. ......
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Newman v. State of Ala.
...been sedulously mindful of its circumscribed role, see, e.g., Campbell v. Beto, 460 F.2d 765, 767 (5th Cir. 1972); Sinclair v. Henderson, 435 F.2d 125, 126 (5th Cir. 1970); Schack v. State of Florida,391 F.2d 593, 594 (5th Cir.), cert. denied, 392 U.S. 916, 88 S.Ct. 2080, 20 L.Ed.2d 1376 (1......
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