Alexander v. Emerson
| Decision Date | 18 December 1973 |
| Docket Number | No. 73-2924 Summary Calendar.,73-2924 Summary Calendar. |
| Parties | Hayward ALEXANDER, Plaintiff-Appellant, v. Cecil EMERSON, Supervisor, Federal Dale Officers, et al., Defendants-Appellees. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Hayward Alexander, pro se.
Frank D. McCown, U. S. Atty., Kenneth Mighell, Asst. U. S. Atty., Dallas, Tex., for defendants-appellees.
Before GEWIN, COLEMAN and MORGAN, Circuit Judges.
:
Hayward Alexander appeals the district court's dismissal of his styled Civil Rights action entitled "Complaint for Damages for False Imprisonment." We affirm the dismissal.
The appellant is a prisoner of the State of Texas by virtue of his conviction for the possession of narcotics, and subsequently imposed life sentence. In his pleadings filed below, he sought damages of $50,000.00 in connection with alleged constitutional infirmities of his arrest and the search of his apartment leading to the introduction at his trial of property seized therefrom. He also complained of being tried on the charges by the State of Texas rather than by the United States government since his arrest was effected by federal officials.
The district court correctly dismissed this § 1983 action in a summary manner. As the United States District Court for the Western District of Virginia held in Smith v. Logan, W.D.Va.1970, 311 F. Supp. 898, 899:
See Still v. Nichols (1...
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Holsey v. Bass
...who remains incarcerated based on a determination of guilt which was made at that same trial. See, e. g., Alexander v. Emerson, 489 F.2d 285, 286 (5 Cir. 1973) (per curiam). One commentator, however, explains how the traditional habeas corpus remedy can operate in tandem with a claim for mo......
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Allen v. Curry
...Police Department, 567 F.2d 273, 276 (CA4 1977); Thistlewaite v. City of New York, 497 F.2d 339, 343 (CA2 1973); Alexander v. Emerson, 489 F.2d 285, 286 (CA5 1973). 21 U.S.Const., Art. 22 The remarks of the proponents of § 1983 quoted in n. 16, supra, suggest the contrary. The Court of Appe......
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Meadows v. Evans
...added) (citations omitted). The only possible exception to the approach we have taken in these cases is found in Alexander v. Emerson, 489 F.2d 285 (5th Cir. 1973), which affirmed the dismissal of a section 1983 damages action by a prisoner who had not exhausted state remedies. The court ob......
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Richardson v. Fleming
...of the Preiser case had already been articulated by this Court in Shank v. Spruill, 406 F.2d 756 (5th Cir. 1969) and Alexander v. Emerson, 489 F.2d 285 (5th Cir. 1973). See also, Gardner v. Luckey, 500 F.2d 712 (5th Cir. 1974).12 In Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2......