[DOWNLOAD] "Gregory v. Wyse" by United States Court of Appeals for the Tenth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Gregory v. Wyse
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 11, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
MURRAH, Circuit Judge. This consolidated appeal is from separate judgments sustaining motions to dismiss civil rights actions (42 U.S.C. § 1983, 28 U.S.C. § 1443) by inmates of the Colorado penitentiary against responsible state administrators. We know, of course, the complaints should not be dismissed for failure to state a claim unless it appears beyond doubt that the complainants can prove no set of facts in support of their claims which would entitle them to relief. And where, as here, there are substantial allegations of violations of constitutional rights in the treatment of state prisoners, the complaint must be considered on its merits by proper hearing. Ordinarily, we should remand these cases for the development and consideration of the facts in accordance with applicable procedures. See Haines v. Kerner, 404 U.S. 519, 30 L. Ed. 2d 652, 92 S. Ct. 594 (1972); Black v. Warden, 467 F.2d 202 (10th Cir. 1972). However, upon the filing of pro se petitions in these cases, the trial court immediately appointed counsel who filed amended complaints pleading the operative facts with elaborate specificity. Each of the complaints undertake to state three separate claims on identical facts for the deprivation of in-prison procedural due process and to recover the same money damages (both compensatory and punitive) and the same injunctive relief. In these circumstances, we shall take the cases on the pleaded facts to determine if they state a claim on which relief can be granted under any legally supportable theory.