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

Fifth Circuit

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 of Appeals for the Fifth Circuit·Decided July 28, 1972·No. 71-2470·Published·Cited by 1 cases

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.

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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.

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 (5th Cir. 1972).

Pincite

462 F.2d 1374 (Robert G. McCray v. W. M. Fondre, Commissioner of State Board of Corrections, State Pardon and Parole Board) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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