Robinson v. Benton, 77-1038
| Decision Date | 13 July 1978 |
| Docket Number | No. 77-1038,77-1038 |
| Citation | 579 F.2d 70 |
| Parties | Mashel ROBINSON, Appellant, v. Dr. F. W. BENTON, R. A. Crisp, G. Maynard, N. Hess, D. Forsyth, B. Chavis and C. C. Smith, Individually and in their official capacities, Appellees. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Leonard D. Munker, Federal Public Defender, Kansas City, Kan., District of Kansas, for appellant.
Ross N. Lillard, III, Asst. Atty. Gen., Oklahoma City, Okl. (Larry Derryberry, Atty. Gen., Oklahoma City, Okl., with him on the brief), for appellees.
Before SETH, Chief Judge, and HOLLOWAY and McKAY, Circuit Judges.
The appellant, Mashel Robinson, an Oklahoma state prisoner, commenced a pro se complaint in this civil rights action (42 U.S.C. § 1983) against the appellees, a physician and other officials at the state prison.
Appellant sought to proceed in forma pauperis, and his complaint was lodged with the clerk of the United States District Court for the Eastern District of Oklahoma. He alleged that a disciplinary proceeding brought against him at the prison contravened the minimal "due process standards" mandated in Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935. The appellees filed a motion to dismiss for failure to state a cause of action under Fed.R.Civ.P. 12(b)(6). The appellant then filed a reply to the motion to dismiss and requested a more definite answer. This motion contained a restatement of the requirements of Wolff v. McDonnell, Supra, and that the Oklahoma State Penitentiary failed to meet those requirements. Simultaneously, the appellant filed a motion for appointment of counsel which was denied. In a motion to amend his complaint the appellant substituted party defendants, and requested affirmative equitable relief restraining the appellees from deducting statutorily earned "good time credits" pending a determination of the issues in the case. The trial judge, on an examination of the pleadings, ordered that the action be dismissed. The trial court further concluded that the appellant had failed to allege that any of the named defendants were specifically responsible for the acts resulting in the alleged deprivation. The plaintiff has taken this appeal from an order denying the motion to vacate the judgment.
The appellant raises two issues: (1) the district court erred in failing to require responsive pleadings; (2) the Oklahoma State Penitentiary did not comply with Wolff v. McDonnell in establishing disciplinary proceedings for that institution.
We hold that the trial court had insufficient facts then before it to order a dismissal of the action. It is necessary that a record be produced to enable the court to go forward.
In Martinez v. Aaron, 570 F.2d 317 (10th Cir.), the court not only specifically approved, but found necessary the trial court's order to develop the record below in order to enable it to decide preliminary issues. The relevant portions of this order read as follows:
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Cotner v. Campbell, 85-497-C
...on the merits. See Martinez v. Aaron, 570 F.2d 317 (10th Cir.1978); Martinez v. Chavez, 574 F.2d 1043 (10th Cir. 1978); Robinson v. Benton, 579 F.2d 70 (10th Cir.1978). The entire process takes several months to complete, and is overly costly to the taxpayers—who, in return for their substa......
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Jefferson v. Douglas, CIV-79-303-D.
...jurisdiction and frivolity pursuant to 28 U.S.C. § 1915(d). See Martinez v. Aaron, 570 F.2d 317 (Tenth Cir. 1978); also Robinson v. Benton, 579 F.2d 70 (Tenth Cir. 1978); Martinez v. Chavez, 574 F.2d 1043 (Tenth Cir. The Court now has before it Plaintiff's Complaint, Defendants' Answer ther......
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Davis v. Oklahoma Dept. of Corrections
...Oklahoma City." In keeping with the guidelines and rationale stated in Martinez v. Aaron, 570 F.2d 317 (10th Cir. 1978); Robinson v. Benton, 579 F.2d 70 (10th Cir. 1978), an investigative report has been filed indicating that a number of inmates at the Oklahoma State Reformatory, Granite, O......
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Sack v. Lowder
...accordance with Martinez v. Aaron, 570 F.2d 317 (10th Cir.1978), Martinez v. Chavez, 574 F.2d 1043 (10th Cir.1978), and Robinson v. Benton, 579 F.2d 70 (10th Cir.1978). Plaintiff has filed this pro se civil rights action seeking to redress alleged constitutional violations in connection wit......