Carroll v. Brown
This text of 560 F.2d 1177 (Carroll v. Brown) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This appeal covers the latest chapter in the outrageous abuse of 42 U.S.C. § 1983 by the appellant Robert E. X. Carroll.1 Carroll, either alone or with other named plaintiffs, filed nine civil rights actions in the district court alleging a broad spectrum of constitutional deprivations.2 The district court granted the defendants’ motions for summary judgment and appeals were filed in each case. The three cases presently before us were consolidated on appeal by order of this court.3
In each of these cases the plaintiffs primarily challenge the conditions of confinement at the Randolph County Unit and the Yadkin County Unit of the North Carolina prison system, and since they were not class actions and no damages were sought, the appeals might properly be dismissed for mootness since it is conceded that neither Carroll nor any of his co-plaintiffs are presently incarcerated at either of these Units. See Preiser v. Newkirk, 422 U.S. 395, 95 S.Ct. 2330, 45 L.Ed.2d 272 (1975). In any event, however, upon consideration of the records, briefs and oral arguments, we conclude that the district court’s summary dismissal of these actions was proper and, accordingly, the judgments are affirmed.
AFFIRMED.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
560 F.2d 1177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carroll-v-brown-ca4-1977.