# Douglas Glynn Payton, Administrator of the Estate of Sheryl Lynn Payton, Deceased v. The United States of America

> Court of Appeals for the Fifth Circuit · July 1, 1982 · 679 F.2d 475

URL: https://www.frixlaw.com/law-library/cases/9469272

## Case

- **Full name:** Douglas Glynn PAYTON, Administrator of the Estate of Sheryl Lynn Payton, Deceased, Et Al., Plaintiffs-Appellants, v. the UNITED STATES of America, Defendant-Appellee
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** July 1, 1982
- **Citations:** 679 F.2d 475; 1982 U.S. App. LEXIS 17759
- **Precedential status:** Published
- **Opinion:** Concurring in part by Kravitch
- **Judges:** Godbold, Roney, Tjoflat, Hill, Fay, Vance, Kravitch, Johnson, Henderson, Hatchett, Anderson, Clark
- **Cited by:** 68 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9469272

## How later opinions describe it (automated extraction)

- establishing parole guidelines is discretionary; application in individual cases is operational

## Opinion text

KRAVITCH, Circuit Judge,
concurring in part and dissenting in part:
I concur except in Part III. I agree that the allegation of failure to give adequate consideration to records does not state a cause of action. But I would hold that the *494 allegation of failure of the board to acquire and read reports does state a cause of action sufficient to withstand a motion to dismiss.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9469272. Public record. Not legal advice.