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eBook details

• Title: Gillespie v. Crawford
• Author : United States Court of Appeals for the Fifth Circuit
• Release Date : January 30, 1987
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

Daryl Gillespie is an inmate of the Texas Department of Corrections (the TDC). Gillespie and James Smith, another TDC inmate, filed this action under 42 U.S.C. § 1983. Gillespie and Smith alleged that they were housed in crowded and unhealthy conditions in violation of the eighth amendments prohibition against cruel and unusual punishments and that as a result they contracted tuberculosis. They asked for injunctive and declaratory relief and damages. The district court held that Gillespie and Smith failed to state a claim under section 1983 and thus dismissed their in forma pauperis suit, prior to service of process, as frivolous pursuant to 28 U.S.C. § 1915(d). Gillespie timely appealed to this court.

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