· 12/24/2003
Charles R. Jackson v. Tom L. Carey R. Papac, Lt. J. Marshall A. Davis E. Padilla Burton R. Lieberman, Doctor
Citations
- 353 F.3d 750
- 2003 U.S. App. LEXIS 26264
- 2003 WL 23010236
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that dismissal with leave to amend should be granted even if no request to amend was made
- concluding that the plaintiff was entitled to amend his complaint to plead physical injury where the plaintiff had developed chronic hypertension, contracted hepatitis B, and developed lumps behind his ear because of an untreated ear infection
- explaining that the Sandin test requires a case-by-case consideration and reversing the district court’s dismissal of the prisoner’s due process claim
- explaining that on a motion to dismiss, “[t]he issue is not whether a plaintiff will ultimately prevail but whether the claimant is entitled to offer evidence to support the claims”
- explaining that on a motion to dismiss, “[t]he issue is not whether a plaintiff will ultimately prevail but whether the claimant is entitled to offer evidence to support the claims”
- affirming dismissal of claims against prison officials in their official capacities because they are not persons within the meaning of § 1983
Source: CourtListener parenthetical corpus (CC0).
Judges: Pregerson, Beam, Paez
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.