514 F.2d 673 (5th Cir. 1975), 75-1323, Hines v. Askew

Docket Nº75-1323
Citation514 F.2d 673
Party NameIsiah HINES, Plaintiff-Appellant, v. Reubin O'D. ASKEW et al., Defendants-Appellees.
Case DateJune 16, 1975
CourtUnited States Courts of Appeals, Court of Appeals for the Fifth Circuit

Page 673

514 F.2d 673 (5th Cir. 1975)

Isiah HINES, Plaintiff-Appellant,

v.

Reubin O'D. ASKEW et al., Defendants-Appellees.

No. 75-1323

[*]

United States Court of Appeals, Fifth Circuit

June 16, 1975

Isiah Hines, pro se.

Raymond W. Gearey, Glenn N. Smith, Asst. Attys. Gen., Robert L. Shevin, Atty. Gen., Tallahassee, Fla., for defendants-appellees.

Appeal from the United States District Court for the Northern District of Florida.

Before WISDOM, BELL and CLARK, Circuit Judges:

PER CURIAM:

Isiah Hines, a prisoner in the Florida Correctional System, appeals from the summary grant of the State's motion to dismiss his pro se 42 U.S.C. § 1983 complaint in forma pauperis. We vacate the judgment below and remand for further proceedings. [**]

In a 1973 complaint filed in the United States District Court for the Middle District

Page 674

of Florida petitioner sued prison officials alleging discriminatory denial of medical treatment and denial of medication prescribed by V.A. neurologists for control of epileptic seizures. This complaint was supplemented to charge that in retaliation for having filed suit, prison authorities had discriminatorily denied him school furlough privileges and had transferred him from medium security Avon Park Correctional Institution to Highlands County jail, where he was denied medication for controlling his seizures and held incommunicado in a pest infested cell. While an appeal from denial of relief was pending it was made to appear that petitioner had been returned to the general prison population and the privilege he sought had been restored. This court dismissed his appeal as moot. Hines v. Wainwright, 488 F.2d 551 (5th Cir. 1974).

In a 1974 Middle District action Hines renewed his complaints of retaliatory punishments for resort to the courts and added assertions that his mail was censored and prejudicially delayed, and that he was denied a transcript of his trial to use on direct appeal. The District Court for the Middle District dismissed Hines' complaint on grounds that the same issues were involved in two other suits then pending in that court. Both that court and this court denied Hines' motion for leave to appeal in forma pauperis from this dismissal.

Hines' present Northern District complaint in which the Governor is a defendant, read broadly, charges that prison authorities under the Governor's control, all in retaliation for Hines having filed federal lawsuits,...

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3 practice notes
  • 515 F.2d 884 (5th Cir. 1975), 75-1992, Fontaine v. Walls
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Fifth Circuit
    • July 11, 1975
    ...reasons for dismissing appellant's complaint, we vacate its judgment and remand for further proceedings. See Hines v. Askew, 5 Cir. 1975, 514 F.2d 673. We express no view whatever on the substance of appellant's claims or on appellees' contention that this cause is liable to summary disposi......
  • 528 F.2d 1365 (5th Cir. 1976), 75--1660, Covington v. Cole
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Fifth Circuit
    • March 22, 1976
    ...1101, 47 L.Ed.2d 311; Fontaine v. Walls, 5 Cir. 1975, 515 F.2d 884; Cruz v. Hauck, 5 Cir. 1975, 515 F.2d 322; Hines v. Askew, 5 Cir. 1975, 514 F.2d 673; McCray v. Sullivan, 5 Cir. 1975, 509 F.2d 1332; Perry v. Jones, 5 Cir. 1975, 506 F.2d 778; Patterson v. MacDougall, 5 Cir. 1975, 506 F.2d ......
  • 525 F.2d 886 (5th Cir. 1976), 75--1683, Watson v. Ault
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Fifth Circuit
    • January 12, 1976
    ...of numerous law suits by federal and state prisoners challenging the conditions of their confinement. 3 See Hines v. Askew, 5 Cir., 1975, 514 F.2d 673, and cases cited therein. For state prisoners, the normal basis for such claims is an allegation that some constitutional right has been vio......
3 cases
  • 515 F.2d 884 (5th Cir. 1975), 75-1992, Fontaine v. Walls
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Fifth Circuit
    • July 11, 1975
    ...reasons for dismissing appellant's complaint, we vacate its judgment and remand for further proceedings. See Hines v. Askew, 5 Cir. 1975, 514 F.2d 673. We express no view whatever on the substance of appellant's claims or on appellees' contention that this cause is liable to summary disposi......
  • 528 F.2d 1365 (5th Cir. 1976), 75--1660, Covington v. Cole
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Fifth Circuit
    • March 22, 1976
    ...1101, 47 L.Ed.2d 311; Fontaine v. Walls, 5 Cir. 1975, 515 F.2d 884; Cruz v. Hauck, 5 Cir. 1975, 515 F.2d 322; Hines v. Askew, 5 Cir. 1975, 514 F.2d 673; McCray v. Sullivan, 5 Cir. 1975, 509 F.2d 1332; Perry v. Jones, 5 Cir. 1975, 506 F.2d 778; Patterson v. MacDougall, 5 Cir. 1975, 506 F.2d ......
  • 525 F.2d 886 (5th Cir. 1976), 75--1683, Watson v. Ault
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Fifth Circuit
    • January 12, 1976
    ...of numerous law suits by federal and state prisoners challenging the conditions of their confinement. 3 See Hines v. Askew, 5 Cir., 1975, 514 F.2d 673, and cases cited therein. For state prisoners, the normal basis for such claims is an allegation that some constitutional right has been vio......