Opinion

Robert G. McCray v. W. M. Fondre, Commissioner of State Board of Corrections, State Pardon and Parole Board

  • 462 F.2d 1374
  • 1972 U.S. App. LEXIS 8175
Court
Court of Appeals for the Fifth Circuit
Filed
Jul 28, 1972
Status
Published
On the bench
Brown, Goldberg, Morgan
Cited by
1 cases
Authority
More cited than 49.2%

The opinion

PER CURIAM:

Robert G. McCray, an inmate of the Alabama prison system, sought to file a civil rights complaint seeking relief for asserted deprivations of Federal constitutional rights resulting from a variety of alleged abuses in the administration and operation of the Holman Unit at At-more, Alabama. Many of the allegations involved claims of racial discrimination, and there were specific charges that on two separate occasions McCray was beaten by prison guards without provocation. The District Court concluded that the beatings “appear to be isolated instances amid the disciplinary necessities of prison routine” and refused to permit the complaint to be filed in forma pauperis.

We vacate the District Court’s order and remand for further proceedings consistent with our opinion in Williams v. Wainwright, 5 Cir., 1972, 461 F.2d 1080 and companion cases.

Vacated and remanded.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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